State Authority Over Election Administration and Federal Preemption

This opinion from the Arizona Attorney General examines the scope of state authority over election administration in light of the Elections Clause, the Voting Rights Act, and the National Voter Registration Act. It analyzes the Supreme Court's decision in Arizona v. Inter Tribal Council (2013) regarding state voter registration requirements.

The opinion discusses the state's authority to require proof of citizenship for state but not federal voter registration, the regulation of mail-in ballots, and the oversight of election equipment certification. It examines the independent state legislature theory as addressed in Moore v. Harper (2023).

The opinion provides guidance on the boundaries of state election authority, recommending compliance strategies that accommodate both state election integrity interests and federal requirements for uniform registration and voting access.