U, Civil Rights Division . Department of Justice Sune 27, 2022 The Honorable Mark Brnovich Arizona Attorney General 2005 North Central Avenue Phoenix, Arizona 85004 Dear Attorney General Brnovich: This is to notify you that I have authorized the filing of a lawsuit against the State of Arizona and appropriate state officials to enforce Section 6 of the National Voter Registration Act of 1993 (*NVRA”), 52 U.S.C. § 20505, and Section 101 of the Civil Rights Act of 1964 (“Materiality Provision”), 52 U.S.C. § 10101(a)(2)(B). Section 6 of the NVRA requires Arizona to “accept and use” the Federal Form, a voter registration form prescribed by the U.S. Election Assistance Commission pursuant to federal law, to register qualified voters for all elections for federal office. 52 U.S.C. § 20505(a); 52 USC. § 21132, “Federal office” includes both congressional and presidential elections. 52 U.S.C. § 20502(2); 52 U.S.C. § 30101(3). The Materi lity Provision provides that: No person acting under color of law shall ... deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election. 52 U.S.C. § 10101(a\(2X(B). Our investigation indicates that, under House Bill 2492 (“HB 2492”), Arizona's recently enacted voting law, the State will no longer accept and use completed and valid Federal Forms to register applicants to vote in all elections for federal office. Instead, applicants submitting complete and valid Federal Forms will be barred from voting in presidential elections or by mail ballot unless and until the applicants provide certain documentary proof of citizenship or the State is able to verify the applicants’ citizenship. Those restrictions violate Section 6 of the NVRA, which requires Arizona to “accept and use” a completed and valid Federal Form to register qualified applicants to vote in all elections for federal office. Such applicants need not provide additional documentation to prove their citizenship to be registered to vote in federal elections. Our investigation also indicates that HB 2492 imposes various restrictions on eligible voters that are not material to determining whether those voters are qualified to vote, inof the Materiality Provision of the Civil Rights Act. For example, HB 2492 requires prospective voters, and those voters already-registered to vote in federal elections only, to provide documentary proof of citizenship in order to vote in presidential elections or by mail ballot. HB 2492 also requires election officials to reject Arizona-specific voter registration forms if the applicant fails to identify the applicant’s place of birth, Requirements such as these are not material to establishing a voter’s eligibility to vote. They therefore violate federal law. We hope to resolve this matter amicably and avoid protracted litigation. Accordingly, we are willing to delay filing our complaint for a short time to permit us to explore whether it is possible to settle this matter, If are unable to resolve this matter quickly, we intend to file our ‘complaint and seck to consolidate the case with the litigation already underway challenging HB 2492. Emily Brailey, an attorney with the Voting Section of the Civil Rights Division, will call your office shortly to determine whether the State wishes to pursue negotiations aimed at settlement. She may be reached at (202) 353-5724 Thank you for your attention to this important matter. Sincerely, Kristen Clarke Assistant Attomey General Civil Rights Division ce: The Honorable Doug Ducey Arizona Governor ‘The Honorable Katie Hobbs Arizona Secretary of State