arizona et al inter tribal council arizona et argued march decided june national voter registration act nvra requires accept use uniform federal form register voters federal elections federal form developed federal election assistance commission eac requires applicant aver penalty perjury citizen arizona law however requires officials reject application registration including federal form accompanied documentary evidence citizenship respondents group individual arizona residents group nonprofit organizations sought enjoin arizona law ultimately district granted arizona summary judgment respondents claim nvra arizona requirement ninth circuit affirmed part reversed relevant holding state law requirement nvra held arizona requirement applied federal form applicants nvra mandate accept use federal form pp elections clause imposes duty prescribe time place manner electing representatives senators confers congress power alter regulations supplant altogether see term limits thornton said terms times places manner embrace authority provide complete code congressional elections including regulations relating registration smiley holm pp accept use words one meaning given content surroundings whitman american trucking reading accept merely denote willing receipt seems place context official mandate accept use something given purpose implication mandate object accepted sufficient requirement meant satisfy arizona reading also difficult reconcile neighboring nvra provisions arizona appeal presumption invoked supremacy clause cases inapposite power elections clause confers none power congress acts clause always notice legislation displace element legal regime erected reasonable assumption text elections clause legislation accurately communicates scope congress intent nonetheless nvra forbids demand applicant submit additional information beyond required federal form preclude deny ing registration based information possession establishing applicant ineligibility pp arizona correct elections clause empowers congress regulate federal elections held may vote latter province see art cl amdt raise serious constitutional doubts federal statute precluded state obtaining information necessary enforce voter qualifications nvra read avoid conflict however section permits eac include federal form information necessary enable appropriate state election official assess eligibility applicant validly conferred discretionary executive authority properly exercised government proposed require inclusion arizona requirement evidence necessary enable arizona enforce citizenship qualification nvra permits state request eac include instructions federal form see state may challenge eac rejection request failure act suit administrative procedure act alternative means enforcing constitutional power determine voting qualifications remains open arizona eac reject decline act renewed request arizona opportunity establish reviewing mere oath suffice effectuate citizenship requirement eac therefore nondiscretionary duty include arizona requirement federal form pp affirmed scalia delivered opinion roberts ginsburg breyer sotomayor kagan joined kennedy joined part kennedy filed opinion concurring part concurring judgment thomas alito filed dissenting opinions opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press arizona et petitioners inter tribal council arizona et al writ certiorari appeals ninth circuit june justice scalia delivered opinion national voter registration act requires accept use uniform federal form register voters federal elections contents form colloquially known federal form prescribed federal agency election assistance commission federal form developed eac require documentary evidence citizenship rather requires applicant aver penalty perjury citizen arizona law requires officials reject application registration including federal form accompanied concrete evidence citizenship question whether arizona requirement applied federal form applicants act mandate accept use federal form past two decades congress erected complex superstructure federal regulation atop state systems national voter registration act nvra stat amended et requires provide simplified systems registering vote federal elections young fordice act requires state permit prospective voters register vote elections federal office three methods simultaneously driver license application person mail case concerns registration mail section act requires state establish procedures registering vote federal elections mail application pursuant section title section turn requires accept use standard federal registration form election assistance commission invested rulemaking authority prescribe contents federal form see eac explicitly instructed however develop federal form consultation chief election officers federal form thus contains number instructions tell residents state additional information must provide must submit form see national mail voter registration form pp online http internet materials visited june available clerk case file cfr instruction must approved eac included federal form eligible vote arizona law person must citizen ariz art vii rev stat ann west case concerns arizona efforts enforce qualification arizona voters adopted proposition ballot initiative designed part combat voter fraud requiring voters present proof citizenship register vote present identification vote election day purcell gonzalez per curiam proposition amended state election code require county recorders reject application registration accompanied satisfactory evidence citizenship rev stat ann west supp requirement satisfied photocopy applicant passport birth certificate driver license number license issuing authority verified holder citizenship evidence naturalization tribal identification ther documents methods proof established pursuant immigration reform control act ibid eac grant arizona request include new requirement among instructions arizona federal form app federal form includes statutorily required attestation subscribed penalty perjury arizona applicant meets state voting requirements including citizenship requirement see require concrete evidence citizenship two groups plaintiffs represented group individual arizona residents dubbed gonzalez plaintiffs lead plaintiff jesus gonzalez group nonprofit organizations led inter tribal council arizona itca filed separate suits seeking enjoin voting provisions proposition district consolidated cases denied plaintiffs motions preliminary injunction app pet cert motions panel appeals ninth circuit enjoined proposition pending appeal purcell vacated order allowed impending election proceed new rules place remand appeals affirmed district initial denial preliminary injunction respondents claim nvra proposition registration rules gonzales arizona district granted arizona motion summary judgment claim app pet cert panel ninth circuit affirmed part reversed relevant holding proposition documentary proof citizenship requirement conflicts nvra text structure purpose gonzales arizona en banc appeals agreed gonzalez arizona granted certiorari ii elections clause art cl provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators clause empowers congress state regulations governing times places manner holding congressional elections question whether federal statutory requirement accept use federal form arizona requirement officials reject application prospective voter submits completed federal form unaccompanied documentary evidence citizenship elections clause two functions upon imposes duty shall prescribed prescribe time place manner electing representatives senators upon congress confers power alter regulations supplant altogether see term limits thornton thomas dissenting grant congressional power framers insurance possibility state refuse provide election representatives federal congress government contain means preservation exclusive power regulating elections national government hands state legislatures leave existence union entirely mercy moment annihilate neglecting provide choice persons administer affairs federalist pp rossiter ed hamilton emphasis deleted prospect seems fanciful today widespread vociferous opposition proposed constitution made real concern founding era clause substantive scope broad times places manner written comprehensive words embrace authority provide complete code congressional elections including relevant petitioners contest regulations registration smiley holm see also roudebush hartke recounts classic primaries practice clause functions default provision invests responsibility mechanics congressional elections far congress declines state legislative choices foster love citation omitted power congress times places manner congressional elections paramount may exercised time extent deems expedient far exercised farther regulations effected supersede state inconsistent therewith ex parte siebold straightforward textual question whether rev stat ann requires state officials reject federal form unaccompanied documentary evidence citizenship conflicts nvra mandate arizona accept use federal form state law far conflict extends ceases operative siebold supra arizona view seemingly incompatible obligations read operate harmoniously nvra contends requires merely state receive federal form willingly use form one element perhaps lengthy transaction prospective voter taken isolation mandate state accept use federal form fairly susceptible two might mean state must accept federal form complete sufficient registration might mean state merely required receive form willingly use somehow voter registration process readings receive willingly accept sufficient compatible plain meaning word accept see oxford english dictionary ed take receive thing offered willingly receive sufficient adequate webster new international dictionary ed receive thing offered thrust upon one consenting mind receive favor approve take elastic verb use read isolation broad enough encompass arizona preferred construction smith scalia dissenting common parlance one might say restaurant accepts uses credit cards even though requires customers show matching identification making purchase see also brief state petitioners airline may advertise uses yet may still require photo identification one board airplane words one meaning given content however surroundings whitman american trucking see also smith supra scalia dissenting reading accept merely denote willing receipt seems place context official mandate accept use something given purpose implication mandate object accepted sufficient requirement meant satisfy example government diktat civil servants shall accept government ious payment salaries invite response sure accept ious pay us ten percent payment cash many federal statutes contain similarly phrased commands contemplate mere willing receipt see office personnel management shall accept certification various officials concerning creditable service toward retirement supp servicer federally related mortgage shall accept reasonable form written confirmation borrower existing insurance coverage endangered species committee shall accept determinations president respect whether major disaster warrants exception endangered species act requirements stat note following faa administrator shall accept certification department homeland security missile defense system effective functional defend commercial aircraft missiles purpose proceeding per capita distribution certain funds secretary interior shall accept tribe certification enrolled membership secretary labor shall accept board certified board eligible radiologist interpretation chest ray used diagnose black lung disease organization shall accept elections changes elections specified periods arizona reading also difficult reconcile neighboring provisions nvra section provides state shall ensure eligible applicant registered vote election valid voter registration form applicant postmarked later specified number days election emphasis added yet arizona reads phrase accept use permitting reject completed federal form applicant submit additional information required state law reading squared arizona obligation completed federal form valid voter registration form seems unlikely statute empowers eac create federal form requires eac prescribe contents within specified limits requires accept use improbable statute envisions completed copy form takes pains create anything less valid act also authorizes addition accepting using federal form create forms used register voters state federal elections emphasis added forms may require information federal form example unlike federal form arizona registration form includes proposition requirement see arizona voter registration form online http permission works tandem requirement accept use federal form retain flexibility design use registration forms federal form provides backstop matter procedural hurdles state form imposes federal form guarantees simple means registering vote federal elections arizona reading permit state demand federal form applicants every additional piece information state requires form form ceases perform meaningful function feeble means increas ing number eligible citizens register vote elections federal office finally arizona appeals presumption sometimes invoked supremacy clause cases see gregory ashcroft applies start assumption historic police powers superseded federal act unless clear manifest purpose congress rice santa fe elevator rule construction rests assumption congressional intent congress exercise lightly extraordinary power legislate areas traditionally regulated gregory supra never mentioned principle elections clause siebold example simply said elections clause legislation far extends conflicts regulations state necessarily supersedes good reason treating elections clause legislation differently assumption congress reluctant hold congress acts constitutional provision empowers congress make alter state election regulations art cl congress legislates respect times places manner holding congressional elections necessarily displaces element legal regime erected power elections clause confers none power reasonable assumption statutory text accurately communicates scope congress intent federalism concerns underlying presumption supremacy clause context somewhat weaker unlike historic police powers rice supra role regulating congressional elections weighty worthy respect always existed subject express qualification terminates according federal law buckman plaintiffs legal sum compelling reason read elections clause legislation simply mean says conclude fairest reading statute requirement evidence citizenship required federal form inconsistent nvra mandate accept use federal form siebold supra reading prevails elections clause requires arizona rule give way note however nvra forbids demand applicant submit additional information beyond required federal form preclude deny ing registration based information possession establishing applicant ineligibility brief amicus curiae nvra clearly contemplates every submitted federal form result registration see federal form may require information necessary enable appropriate state election official assess eligibility applicant emphasis added must require election officials send notice applicant disposition application iii arizona contends however construction phrase accept use necessary avoid conflict nvra arizona constitutional authority establish qualifications citizenship voting arizona correct elections clause empowers congress regulate federal elections held may vote constitution prescribes straightforward rule composition federal electorate article cl provides electors state house representatives shall qualifications requisite electors numerous branch state legislature seventeenth amendment adopts criterion senatorial elections cf also art ii cl state shall appoint manner legislature thereof may direct presidential electors one read elections clause treating implicitly constitutional provisions regulate explicitly difficult see words clearer stating congress control control surely nothing provisions lends view voting qualifications federal elections set congress oregon mitchell harlan concurring part dissenting part see also term limits tashjian republican party stevens dissenting prescribing voting qualifications therefore forms part power conferred upon national government elections clause expressly restricted regulation times places manner elections federalist hamilton see also madison allocation authority sprang framers aversion concentrated power congress empowered regulate qualifications electorate madison warned degrees subvert constitution records federal convention farrand rev time tying federal franchise state franchise instead simply placing within unfettered discretion state legislatures framers avoided render ing dependent state governments branch federal government dependent people alone federalist madison since power establish voting requirements little value without power enforce requirements arizona correct raise serious constitutional doubts federal statute precluded state obtaining information necessary enforce voter arizona interpretation accept use provision state precluded obtaining information necessary enforcement determine whether arizona interpretation though plainly best reading least possible one cf crowell benson ascertain whether construction statute fairly possible constitutional question may avoided emphasis added happily spared necessity since statute provides another means arizona may obtain information needed enforcement section act provides federal form may require identifying information including signature applicant information including data relating previous registration applicant necessary enable appropriate state election official assess eligibility applicant administer voter registration parts election process oral argument expressed view phrase may require means eac shall require information necessary may require information tr oral arg emphasis added see also brief itca respondents tr oral arg itca respondents counsel say acts ceiling floor respect contents federal form need consider government contention despite statute statement eac may require federal form information necessary enable appropriate state election official assess eligibility applicant provisions act indicate action statutorily required think analogy rule statutory interpretation avoids questionable constitutionality validly conferred discretionary executive authority properly exercised government proposed avoid serious constitutional doubt say surely permissible requisite government say necessary information may required required since pursuant government concession state may request eac alter federal form include information state deems necessary determine eligibility see tr oral arg may challenge eac rejection request suit administrative procedure act see constitutional doubt raised giving accept use provision nvra fairest reading alternative means enforcing constitutional power determine voting qualifications remains open arizona eac divided request arizona include requirement among instructions federal form app meant action taken see action commission authorized carry chapter may carried approval least three members arizona challenge agency action rather inaction seeking apa review federal see tr oral arg aware nothing prevents arizona renewing eac inaction persist arizona opportunity establish reviewing mere oath suffice effectuate citizenship requirement eac therefore nondiscretionary duty include concrete evidence requirement federal form see arizona might also assert argued arbitrary eac refuse include arizona instruction accepted similar instruction requested hold precludes arizona requiring federal form applicant submit information beyond required form arizona may however request anew eac include requirement among federal form instructions may seek judicial review eac decision administrative procedure act judgment appeals affirmed ordered opinion kennedy arizona et petitioners inter tribal council arizona et al writ certiorari appeals ninth circuit june justice kennedy concurring part concurring judgment opinion insists stating proposition respectful view unnecessary proper disposition case incorrect event concludes normal starting presumption congress intend supplant state law new york state conference blue cross blue shield plans travelers ins apply source congressional power elections clause provision constitution see ante sound basis rule first time exists hierarchy federal powers statutes state law must interpreted different rules others depending upon power congress exercised skeptical basic idea presumption helpful instrument construction express cases see cipollone liggett group scalia concurring judgment part dissenting part say apply skepticism across board numerous instances congress undoubted exercise enumerated powers stated express purpose intent state law nonetheless recognized text clause susceptible one plausible reading courts ordinarily reading disfavors altria group good quoting bates dow agrosciences llc principle best understood perhaps presumption cautionary principle ensure go beyond strict requirements statutory command principle two dimensions courts must careful give unduly broad interpretation ambiguous imprecise language congress uses must confine opinions avoid overextending federal statute reach error either front may put risk validity effectiveness laws congress intend disturb state deemed important scheme governance concern regardless power congress invokes whether say commerce power war power bankruptcy power power regulate federal elections article whether federal statute concerns congressional regulation elections subject proper congress address must lightly infer congressional directive negate otherwise proper exercise sovereign power case illustrates point separate continuing essential interest integrity accuracy process used select state federal officials pay costs holding elections practical reasons often overlap two sets officials selected time ballots voters seems doubtful suggest lesser concern involved historic role conduct elections already noted may presumption best formulation principle events state undoubted interest regulation conduct elections must taken account deemed subject secondary importance view correct conclude national voter registration act unambiguous arizona statute reason concur judgment join opinion except discussion presumption see ante thomas dissenting arizona et petitioners inter tribal council arizona et al writ certiorari appeals ninth circuit june justice thomas dissenting case involves federal requirement accept use federal voter registration form created pursuant national voter registration act nvra interprets accept use minor exceptions require register individual completes submits federal form therefore holds arizona law requiring additional information register majority recognizes ante decision implicates serious constitutional issue whether congress power set qualifications vote elections federal office agree think plain text history voter qualifications clause art cl seventeenth amendment authorize determine qualifications voters federal elections necessarily includes related power determine whether qualifications satisfied avoid substantial constitutional problems created interpreting permit congress effectively countermand authority construe law requiring arizona accept use form part voter registration process leaving state free request whatever additional information determines necessary ensure voters meet qualifications constitutional authority establish interpretation arizona accept use federal form accordingly conflict rev stat ann west cum supp thus congress created election assistance commission eac et gave ongoing responsibility develop ing mail voter registration application form elections federal office consultation chief election officers nvra ach state shall accept use mail voter registration application form eac develops nvra also subsequent provision addition accepting using form described paragraph state may develop use mail voter registration form registration voters elections federal office long satisfies criteria federal form section enumerates criteria federal form form may require identifying information information necessary enable appropriate state election official assess eligibility applicant federal form must also specif eligibility requirement including citizenship contai attestation applicant meets requirement requir signature applicant penalty perjury insofar citizenship concerned standard federal form contains bare statutory requirements individuals seeking vote need attest citizens sign penalty perjury arizona citizenship requirement voting since became state see ariz art vii arizona citizens enacted proposition law issue case proposition provides county recorder shall reject application registration accompanied satisfactory evidence citizenship rev stat ann law sets forth several examples satisfactory evidence including driver license number birth certificate passport naturalization documents various tribal identification documents indians respondents joined allege state requirements nvra mandate accept use federal form promulgated eac contend phrase accept use requires state presented completed federal form register individual vote without requiring additional information arizona advances alternative interpretation argues satisfied long state accepts use federal form part voter qualification process example state accepts use federal form allowing individuals file even state requires additional identifying information establish citizenship arizona view accepts uses federal form way airline accepts uses electronic tickets also requires individual seeking board plane demonstrate person named ticket brief state petitioners see also rawlinson concurring part dissenting part erchants may accept use credit cards customer production credit card may sufficient customer must sign may provide photo identification verify customer eligible use credit card justice alito makes compelling case arizona interpretation superior respondents see post dissenting opinion minimum however interpretations advanced arizona respondents plausible see kozinski concurring weighing arguments competing interpretations raise significant constitutional issues concerning congress power decide may vote federal elections accordingly resolution case requires better understanding relevant constitutional provisions ii voter qualifications clause art cl provides electors state shall qualifications requisite electors numerous branch state legislature elections federal house representatives seventeenth amendment provides direct election senators contains identical clause language susceptible one interpretation authority control may vote congressional elections long establish special requirements apply elections state legislature term limits thornton thomas dissenting see also federalist rossiter ed madison electors exercise right every state electing corresponding branch legislature state congress role setting voter qualifications determining whether satisfied aside powers conferred fourteenth fifteenth nineteenth amendments issue power instead expressly reposed history voter qualifications clause enactment confirms conclusion framers intend leave voter qualifications congress indeed james madison explicitly rejected possibility definition right suffrage justly regarded fundamental article republican government incumbent convention therefore define establish right constitution left open occasional regulation congress improper federalist emphasis added congressional legislation voter qualifications part framers design constitutional convention recognize danger leaving congress dependent state governments allowing define congressional elector qualifications without limitation ibid address concern committee detail drafted article weighed possibility federal property requirement well several proposals given federal government power impose suffrage laws future time keyssar right vote rev ed hereafter keyssar see also records federal convention pp farrand rev ed text several voter qualification provisions considered committee detail efforts however ultimately abandoned even convention able agree uniform federal standard framers knew state ratification conventions likely rejected madison explained reduc ing different qualifications different one uniform rule probably dissatisfactory difficult convention federalist see also story commentaries constitution abridged ed justice story elaborated setting voter qualifications constitution jeopardized ratification difficult convince give right set voting qualifications see also keyssar tables analysis voter qualifications including property taxpaying residency sex race requirements convention thus chose respect varied state voting rules instead struck balance enshrined article requirement federal electors shall qualifications requisite electors numerous branch state legislature compromise gave free reign federal voter qualifications protected congress prohibiting changing qualifications federal electors unless also altered qualifications legislatures see federalist balance left nearly complete control voter qualifications respondents appear concede sole authority establish voter qualifications see brief gonzalez respondents nevertheless argue congress determine whether qualifications satisfied see practical effect respondents position read article constitution majority correctly recognizes power establish voting requirements little value without power enforce requirements see ante reason voter qualifications clause gives authority set qualifications also power verify whether qualifications satisfied understanding article consistent powers enjoyed founding instance ownership real personal property common prerequisite voting see keyssar tables verify qualification satisfied might look proof tax payments see williamson american suffrage property democracy instances relied personal knowledge fellow citizens verify voter eligibility keyssar locales particularly south voting still oral public act men assembled election judges waited names called announced candidates supported always power ensure qualified state law cast ballots exercised franchise perhaps part many requirements property ownership taxpayer status independently documented verifiable generally register voters using highly formalized procedures see time replaced informal systems determining eligibility formalized registration regimes see act addition several acts regulating elections mass acts ch acts laws commonwealth massachusetts massachusetts voter registration law modern voter registration serves basic purpose practices used colonies early federal republic fact liberalized voting qualifications streamlined verification process registration alter basic fact possess broad authority set voter qualifications verify met text history confirm exclusive authority set voter qualifications determine whether qualifications satisfied nevertheless argues congress authority article set rules voter registration federal elections brief amicus curiae hereafter brief neither text original understanding article supports position article gives primary responsibility regulating times places manner holding elections authorizes congress time law make alter regulations along seventeenth amendment provision grants congress power holding congressional elections parsons notes convention debates documentary history ratification constitution kaminski saladino eds hereinafter documentary history massachusetts ratification delegate sedgwick emphasis omitted see also ante arizona correct article empowers congress regulate federal elections held may vote prior constitution ratification phrase manner election commonly used england scotland ireland north america describe entire election process natelson original scope congressional power regulate elections constitutional citing examples good reasons concluding article use manner considerably limited constitution use word manner isolation rather providing qualifications times places constitution described residuum manner holding elections precise phrase seems newly coined denote subset traditional regulation ibid emphasis deleted omitted consistent view state ratification debates manner holding elections construed mean circumstances elections held mechanics actual election see debates several state conventions adoption federal constitution elliot ed hereafter elliot debates power manner elections include saying shall vote power manner enables determine electors shall elect whether ballot vote way john steele north carolina ratification debates pennsylvanian new york convention pennsylvania gazette june documentary history kaminski saladino leffler schoenleber eds brief center constitutional jurisprudence amicus curiae citing state ratification text times places manner clause therefore read authorize congress dictate voter eligibility article also read limit state authority set voter qualifications specific language article expressly gives authority see ante one read article treating implicitly article article ii regulate explicitly observed last term well established canon statutory interpretation succinctly captures problem commonplace statutory construction specific governs general radlax gateway hotel llc amalgamated bank slip quoting morales trans world airlines second alteration original explained canon particularly relevant two provisions interrelated closely positioned fact parts scheme slip quoting per curiam general times places manner clause textually limited directly applicable text voter qualification clause ratification debates relationship article demonstrate limitation unlike article times places manner clause subject extensive ratification controversy antifederalists deeply concerned ceding authority conduct elections federal government antifederalists claimed might abuse times places manner clause ensure continuing power congress federalist hamilton explained article voter qualifications clause foreclosed argument truth method securing rich preference apprehended prescribing qualifications property either may elect elected forms part power conferred upon national government authority expressly restricted regulation times places manner elections ratification debates several echoed hamilton argument north carolina debates provide particularly direct example delegate john steele relied established maxim universal jurisprudence reason common sense instrument deed writing shall construed give validity parts done without involving absurdity support argument article grant voter qualifications required limited reading article elliot debates isolated view see massachusetts delegate rufus king observing power control given article extends manner election qualifications electors north carolina william davie virginia delegate edmund randolph roger sherman citizen new observations new federal constitution connecticut courant documentary history kaminski saladino eds freeman letter ii tench coxe pennsylvania gazette well understood congressional power regulate manner elections article include power override state voter qualifications article concern gave rise article also supports limited reading times places manner clause designed address possibility might refuse hold federal elections eliminating congress extension federal government hamilton explained every government contain means preservation federalist emphasis deleted see also term limits thomas dissenting article designed ensure hold congressional elections first place congress continues exist citing ratification era sources reflecting understanding reasoning behind article many original proposed constitutional amendments strictly cabined times places manner clause situations state failure hold elections threatened continued existence congress see elliot debates massachusetts documentary history kaminski saladino eds south carolina new hampshire elliot debates virginia ratification constitution state new york july new york online http internet materials visited june available clerk case file elliot debates north carolina ratification constitution state rhode island may rhode island online http although amendments never enacted underscore narrowly ratification conventions construed congress power times places manner clause contrast state refusal hold federal elections state decision alter qualifications electors state legislature thereby federal elections well threaten congress existence finding support historical record respondents instead chiefly assert precedents involving times places manner clause give congress authority voter qualifications see brief respondent inter tribal council arizona itca et al hereafter brief itca respondents brief gonzalez respondents brief power alter terms constitution moreover decisions support respondents government position respondents point smiley holm mentioned registration list subjects believed congress regulate article listing notices registration supervision voting protection voters prevention fraud corrupt practices counting votes duties inspectors canvassers making publication election returns emphasis added see brief itca respondents brief gonzalez respondents brief statement dicta smiley involved congressional redistricting voter registration cases since smiley similarly addressed issue voter qualifications merely repeated word registration without analysis see cook gralike roudebush hartke moreover oregon mitchell majority took position article confer upon congress power regulate voter qualifications federal elections majority recognizes ante see mitchell stewart concurring part dissenting part harlan concurring part dissenting part opinion douglas even majority decision term limits dissented recognized madison federalist explicitly contrasted state control qualifications electors believed lack state control qualifications elected emphasis added remaining cases cited respondents government merely confirm congress power regulate manner holding elections limited regulating events surrounding actually casting ballots see classic upholding federal regulation ballot fraud primary voting ex parte yarbrough upholding federal penalties intimidating voter congressional election see also foster love overturning louisiana primary system whose winner deemed elected received majority votes light federal law setting date federal general elections roudebush supra upholding indiana ballot recount procedures close senate election within state power article thus difficult maintain times places manner clause gives congress power beyond regulating casting ballots related activities even matter iii arizona challenged constitutionality nvra case alleged congress lacks authority direct eac create federal form result need address issues arizona however argue respondent interpretation raise constitutional concerns discussed supra concerned respondent interpretation render statute unconstitutional article accordingly interpret avoid constitutional problems discussed see zadvydas davis cardinal principle statutory interpretation however act congress raises serious doubt constitutionality first ascertain whether construction statute fairly possible question may quoting crowell benson therefore adopt interpretation accept use provision requires register anyone completes submits form arizona sets citizenship qualification vote wishes verify citizenship authorized article matters whether specified one way believes arizona might able verify citizenship arizona independent constitutional authority verify citizenship way deems necessary see part supra requiring arizona register people demonstrated arizona satisfaction meet citizenship qualification voting nvra interpreted exceed congress powers article violate article fortunately arizona alternative interpretation avoids problem plausible arizona accept use federal form long receives form considers part voter application process see post alito dissenting rawlinson concurring part dissenting part kozinski dissenting part kozinski concurring given exclusive authority set voter qualifications determine whether qualifications met hold arizona may request whatever additional information requires verify voter eligibility majority purports avoid difficult constitutional questions implicated voter qualifications clause see ante nevertheless adopts respondents reading interprets article giving arizona right obtai information necessary enforcement voting qualifications ante majority posits arizona may pursue relief making administrative request eac denied challenged administrative procedure act apa ante justice alito correct point majority reliance eac meaningless eac members current prospects new members post dissenting opinion offering nonexistent pathway administrative relief exercise futility constitutional avoidance even eac going concern instead empty shell disagree majority application constitutional avoidance canon require arizona seek approval registration requirements federal government shown federal government constitutional authority withhold approval accordingly authority command seek result majority proposed solution little avoid serious constitutional problems created interpretation instead adopting respondents definition accept use offering arizona dubious recourse bringing apa challenge within nvra framework adopt interpretation avoids constitutional problems respondents interpretation federal government exclusive right define qualifications requisite electors art cl includes corresponding power verify qualifications met therefore hold arizona may reject application registration accompanied satisfactory evidence citizenship defined arizona law rev stat ann respectfully dissent alito dissenting arizona et petitioners inter tribal council arizona et al writ certiorari appeals ninth circuit june justice alito dissenting reads ambiguous federal statute way brushes aside constitutional authority produces truly strange results constitution congress authority establish qualifications voters elections members congress see art cl house amdt senate also default authority regulate federal voter registration see art cl exercising right set federal voter qualifications arizona like every state permits citizens vote federal elections arizona concluded requirement effectively enforced unless applicants registration required provide proof citizenship according however national voter registration act nvra deprives arizona authority think congress intended also doubt congress meant success application voter registration depend two valid substantially different registration forms applicant happens fill submit reads nvra interprets one provision mean applicant fills federal form state must register applicant without requiring proof citizenship question arizona authority another provision nvra create application form demands proof citizenship dispute arizona right refuse register applicant submits form without requisite proof find hard believe congress mind results required nvra proper respect constitutional authority demands clear indication congressional intent state laws enforcing voter qualifications relevant provisions act hardly models clarity best reading need treat federal form complete voter registration application light authority elections clause constitution art cl begin applying presumption arizona law requiring voter registration applicants submit proof citizenship elections clause authority specify times places manner federal elections except extent congress chooses provide otherwise recognition allocation authority appropriate presume retain authority unless congress clearly manifested contrary intent never mentioned presumption elections clause cases ante gradwell read federal statute narrowly deference traditional authority area explained policy congress great part constitutional life leave conduct election members state laws administered state officers whenever assumed regulate elections done positive clear statutes emphasis added presumption applies full force congress legislates field traditionally occupied rice santa fe elevator nvra first significant federal regulation voter registration enacted elections clause since reconstruction exactly backwards declines apply presumption federalism concerns underlying presumption supremacy clause context somewhat weaker elections clause case like one ante contrary arizona interest preserving integrity election constitution recognizes reading act seriously undermines purcell gonzalez per curiam quoting eu san francisco county democratic central reserving default responsibility administering federal elections elections clause protects several critical values disregards first madison explained defense elections clause virginia convention found necessary leave regulation federal elections first place state governments best acquainted situation people records federal convention farrand ed closer people framers thought state regulation federal elections ordinary cases convenient satisfactory federalist rossiter ed hamilton second previously observed integrity federal elections subject federal government mutually concerned ex parte siebold giving role administration federal elections elections clause reflects interest selection individuals must rely represent interests national legislature see term limits thornton thomas dissenting third elections clause default rule helps protect authority regulate state local elections practical matter burdensome state maintain separate federal state registration processes separate federal state voter rolls reason federal regulation area likely displace state control federal elections also state control state local elections needless say congress believes overriding national interest justifies federal regulation power make alter state laws specifying times places manner federal elections art cl expect congress speak clearly decides displace default rule enshrined text constitution serves important purposes answers congress exercises power elections clause necessarily displaces element legal regime erected ante true whenever congress legislates area concurrent state federal power federal law regulating operation grain warehouses example necessarily alters legal regime erected see rice supra even regulating activity chosen light arizona constitutionally codified interest integrity federal elections incumbent upon federal courts certain congress intended arizona law atascadero state hospital scanlon canon constitutional avoidance also counsels reading act acknowledges constitution reserves power decide qualified vote federal elections ante see oregon mitchell harlan concurring part dissenting part also recognizes although congress generally authority regulate times places manner holding elections art cl federal law frustrates state ability enforce voter qualifications constitutionally suspect ante see ante thomas dissenting nevertheless reads nvra restrict arizona ability enforce law providing citizens may vote see ariz art vii normally reluctant interpret federal statutes upsetting usual constitutional balance federal state powers gregory ashcroft see frankfurter reflections reading statutes colum rev hen federal government radically readjusts balance state national authority charged duty legislating reasonably explicit refusing give weight arizona interest enforcing voter qualifications suggests state return election assistance commission renew request change federal form ante prospect little assuage constitutional concerns eac currently members reason believe restored life near future situation persists arizona ability obtain judicial resolution constitutional claim problematic prepared say state might succeed seeking writ mandamus failing might able mount constitutional challenge ante sends state traverse veritable procedural obstacle course hope obtaining judicial decision constitutionality relevant provisions nvra sensible interpretation act obviate difficulties ii nvra come close manifesting clear intent expect find congress exercised elections clause power way constitutionally questionable indeed even neither presumption canon constitutional avoidance applied better reading act arizona free require use federal form supplement applications proof citizenship agree phrase accept use read isolation ambiguous ante disagree conclusion use phrase means state must treat federal form complete application must either grant deny registration without requiring applicant supply additional information instead hold state accept use federal form long uses form meaningful part registration process begins analysis context examining unrelated uses word accept elsewhere code ante better place start ask normally means accept use application form phrase used context clear organization accept use form treat complete application example many colleges universities accept use common application undergraduate college admission also require applicants submit various additional forms documents see common application college deadlines fees requirements https internet materials visited june available clerk case file similarly social security administration undoubtedly accepts uses social security card application form even though someone applying card must also prove citizen qualifying immigration status see application social security card form http examples illustrate organization says accepts uses application form necessarily mean form constitutes complete application say phrase accept use meaningless issued government diktat ante arizona said accept use federal form required applicants submit form provide information second time separate state form arizona nothing kind contrary entire basis respondents suit proposition mandates applicants provide information appear completed federal form although forbids requiring applicants use federal form submit duplicative state form nothing provision text prevents arizona insisting federal form applicants supplement applications additional information understanding confirmed allows design use voter registration forms addition accepting using federal form act clearly permits require proof citizenship forms see step arizona taken today decision disturb thus approach whether someone register vote arizona without providing proof citizenship depend happenstance two alternative forms applicant completes possibly congress intended internal revenue service issued two sets personal income tax forms different tax rates avoid nonsensical result holding act lets decide information necessary assess eligibility applicant designing forms requiring federal form applicants provide supplemental information appropriate act provision state forms shows purpose federal form supplant authority area facilitate interstate voter registration drives thanks federal form volunteers distributing voter registration materials shopping mall yuma give copy form every person meet without attempting distinguish residents arizona california see uniform mail forms permit voter registration drives regional national mailing one state central location city persons number neighboring work shop attend events federal form meant facilitate voter registration drives take away traditional authority decide information registrants must purports find support contrary approach says state must ensure eligible applicant registered vote election valid voter registration form applicant postmarked within specified period ante understands mean state must register eligible applicant submits voter registration form ante read context provision simply identifies time within state must process registration applications says nothing whether state may require submission supplemental information expansive interpretation sneaks qualification nowhere found text takes pains say state need register applicant properly completes submits federal form known state ineligible see ante takes position state may demand applicant supply additional information confirm voting eligibility nothing supports distinction state reason doubt applicant eligibility sure applicant ineligible must state either grant deny registration without communicating applicant believe state may ask additional information individual cases may impose categorical requirement applicants position provision nvra rely reading atextual makes little sense properly interpreted nvra permits arizona require applicants federal voter registration provide proof eligibility therefore respectfully dissent footnotes help america vote act transferred function federal election commission eac see stat codified may attorney general precleared voting rights act procedures arizona adopted implement proposition purcell dissent accepts state may impose additional requirements render federal form entirely superfluous require state us form meaningful part registration process post opinion alito dissent tell us precisely large role federal form suffices make meaningful one step two three ten easy answer dissent meaningful part standard indeterminate atextual face straightforward explanation dissent maintains nonsensical less demanding federal form exist alongside demanding state form post opinion alito dissent alternative explanation makes sense purpose federal form claims facilitate interstate voter registration drives thanks federal form volunteers distributing voter registration materials shopping mall yuma give copy form every person meet without attempting distinguish residents arizona california post dissent world volunteer yuma give every prospective voter federal form also separate set either instructions detailing additional information applicant must submit state every eligible voter assured federal form says registered dissent therefore provides yet another compelling reason interpret statute way gradwell dissent relies see post opinion alito contrary indeed even case gradwell held statute making federal crime defraud reach election fraud noted provision issue adopted bill congress enacted repealed criminal statutes specifically covering election fraud dissent language sentence gradwell see post full sentence reveals irrelevance case thus clearly established policy congress great part constitutional life leave conduct election members state laws administered state officers whenever assumed regulate elections done positive clear statutes enacted strained unreasonable construction apply elections originally law protection revenue fifty years confined application operations government distinguished processes men selected conduct operations gradwell says nothing construe statutes like nvra congress indisputably undertaken regulate elections ibid dissent counters whenever congress legislates area concurrent state federal power post opinion alito true irrelevant elections clause legislation unique precisely always falls within area concurrent state federal power put differently action elections clause displaces element state regulatory regime text clause confers power exactly contrast even laws enacted commerce clause arguably enumerated power whose exercise likely trench state regulatory authority always implicate concurrent state power prohibition interstate transport commodity example dissent seems think position incompatible reading requires state ensure eligible applicant registered vote election valid voter registration form applicant postmarked certain date see post opinion alito dissent overlooks requires state register eligible applicant submits timely federal form emphasis added mitchell judgment congress compel permit vote federal elections five justices concurred outcome justice black view congressional power prescribe age qualification derived elections clause four justices relied fourteenth amendment opinion douglas joint opinion brennan white marshall result lacked majority rationale minimal precedential value see seminole tribe florida nichols black handbook law judicial precedents five justices took position elections clause confer upon congress power regulate voter qualifications federal elections mitchell supra opinion douglas opinion harlan opinion stewart joined burger blackmun justices brennan white marshall address elections clause last view commanded majority mitchell underlies analysis see also term limits five justices also agreed fourteenth amendment empower congress impose mandate see mitchell supra opinion black opinion harlan opinion stewart reply brief petitioners suggest first time registration qualification vote reply brief state petitioners emphasis deleted see also post opinion thomas cf voting rights coalition wilson cert denied association community organizations reform acorn edgar resolve case theory hitherto litigated citizenship registration voter qualification arizona seeks enforce see brief state petitioners aware rule promulgated eac preventing renewed request indeed whole request process appears entirely informal arizona prior request submitted see app eac currently lacks quorum indeed commission single active commissioner eac proves unable act renewed request arizona free seek writ mandamus compel agency action unlawfully withheld unreasonably delayed nice point need resolve whether compel agency action agency lack statutorily required quorum incapable taking answer arizona might position assert constitutional right demand concrete evidence citizenship apart federal form eac recently approved instruction louisiana requiring applicants lack louisiana driver license id card social security number attach additional documentation completed federal form see national mail voter registration form tr oral arg footnotes majority refers article cl elections clause see ante since number clauses constitution dealing elections refer using descriptive term times places manner clause article seventeenth amendment concern congressional elections nvra accept use requirement applies federal elections even presidential elections see recognized however state legislature power select manner appointing presidential electors plenary may chooses select electors bush gore per curiam citing art ii mcpherson blacker late six state legislatures chose electoral college delegates south carolina continued follow model election guide elections ed legislatures florida colorado chose delegates recent memory florida legislature convened special session consider allocate electoral votes winner popular vote determined time delegates participate electoral college see james election florida legislature faces disputes electors wall street journal though ultimately took action see florida senate adjourns without naming electors wall street journal constitutional avoidance especially appropriate area nvra purports regulate presidential elections area constitution gives congress authority whatsoever footnotes argues gradwell irrelevant observing state law directly issue case concerned prosecution federal statute ante true ex parte siebold relies next breath event hard see presumption effect federal law conduct congressional elections less force federal law alleged conflict state law anything one expect opposite true observes commerce clause unlike elections clause empowers congress legislate areas implicate concurrent state power ante apparently means presumption applies unusual cases unclear whether federal statute even touches subject matter may regulate broad police powers doubt prepared abide cramped understanding presumption see hillman maretta slip therefore presumption state laws governing domestic relations quoting egelhoff egelhoff argues federal form accomplish purpose interpretation volunteer yuma give every prospective voter federal form also separate set either instructions ante exactly congress envisioned eighteen federal form pages instructions