Arizona's Voter ID Law Upheld by Ninth Circuit Court -- in Part; Federal Voter-Registration Forms Must be Accepted, Though -- Meaning Non-Citizens Could Still Vote

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The U.S. Ninth Circuit Court of Appeals has upheld -- in part -- Arizona's voter-approved 2004 law requiring voters to show proof of citizenship before receiving a ballot.

The Appeals Court en banc panel mostly shot down the challenges to the law, which had itself been upheld in Arizona U.S.  District Court and by an earlier ruling by the Ninth Circuit.

Arizona can demand to see certain forms of identification that proves citizenship, the court ruled. And if someone doesn't have those forms of ID, paying the fees to obtain the ID isn't the same as a "poll tax."

However, the court also ruled that Arizona must not refuse federal voter-registration forms, which work on the honor system by asking applicants to check a box saying whether they're U.S. citizens. Arizona can't replace that form with its form that requires proof of citizenship, the court ruled.

What that means is that non-citizens could, theoretically, still vote in Arizona elections. At least, in federal elections. We're still unclear about whether voters not using the federal voter registration form could still be required to prove citizenship when registering to vote with an Arizona registration form. We plan to file an update on this situation later.

Once the registration form is complete, Arizona election officials will continue to require voters to show ID -- but that ID could merely be a combination of a utility bill and a bank statement.

Activist groups representing Hispanics, American Indians, and women had challenged the law, claiming it was unconstitutional and violated the National Voter Registration Act of 1993.
Here's a list of the plaintiffs and appellants:


Maria Gonzalez
Luciano Valencia
The Inter Tribal Council of Arizona, Inc.
Arizona Advocacy Netowrk
Steve Gallardo, Democratic state lawmaker
League of United Latin American Citizens Arizona
League of Women Voters of Arizona
People for the American Way Foundation
Hopi Tribe
Bernie Abeytia
Arizona Hispanic Community Forum
Chicanos por la Causa
Friendly House
Jesus Gonzalez
Debbie Lopez
Southwest Voter Registration Education Project
Valle del Sol
Project Vote


The plaintiffs in the case did not prove that the ability of Hispanics to participate in the political process was lessened somehow because of the law, the Ninth found.

Judge Johnnie Rawlinson dissented, finding that Arizona could reject federal voter registration forms in place of its own form.

Judge Harry Pregerson also dissented, but for a different reason. He believes the polling-place ID provision discriminates against Hispanics. He wrote:



History has also shown that when a Latino voter approaches the polling place but is stopped by a person perceived to be an authority figure checking for identification,
there's something intimidating about that experience that evokes fear of discrimination. This intimidation has the effect of keeping Latino voters away from the polls.

The plaintiffs can still appeal to the U.S. Supreme Court.

Click here for the Ninth Circuit Court's ruling in Jesus Gonzalez vs. State of Arizona.


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23 comments
Ray Phx
Ray Phx

I am a naturalized US citizen ( A voting citizen). I don't see what the big deal is with proving voter eligibility. I think every US citizen should have a US passport. Most other countries issue national ID cards or it's citizens carry passports. If one can't afford a passport, they can apply for a passport card (lot cheaper). Or the US could come up with a renewable Social Security card with a picture. Getting a passport REQUIRES all documents to prove citizenship.

Hey, maybe carrying a passport will encourage more narrow minded citizens to broaden their horizons when they travel internationally and return home more pluralistic.

ExpertShot
ExpertShot

 Many people in the US are either too elderly poor or both to obtain an ID.  For a person on fixed income - or no income - purchasing an ID is more than they can afford.  This will result in millions of people being disenfranchised from their right to vote.  This is the reason for these laws - the GOP is using this as a strategy to increase the likelihood their candidates will win.  If they can supress the vote of the people who are powerless they will increase the likelihood the will win.

Suki Hoover
Suki Hoover

Of course that is what the RW is thinking.  They want the power over  this whole country.  The RW does not care what the poor think.  Heck, they don't care what they need!  They are taking away their ability to vote, without actually saying it.  Don't even try to explain it to them.  They do not comprehend it.  They do not understand how others live, nor do they care.

DAC
DAC

The real problem with these voter laws is that that seldom do anything to verify citizenship. Anyone can get a drivers license in this country. It is not difficult to obtain several different ones. According to the FBI we have millions of people using fake ID's in this county, including ss numbers and DL. We also have counties that manufacture votes late into the night because any fool can walk in and point at a name on the roles that is not checked off and vote. Fraud remains rampant in the system.

George Sprankle
George Sprankle

 Dac...You mean like that Illegal Aloien who is in the whitehouse?

Suki Hoover
Suki Hoover

Enough already.  You RW lugnuts need to give that one a rest.  Geez, you had the idiot GW in the WH for 8 years and he screwed the country up darn good.  Created the Bush War for no reason, put us into massive debt and you still call our President that.  Enough with the bs.

Me not You
Me not You

The United States Supreme Court ALREADY SAID STATES **CAN** REQUIRE ID.
Crawford v. Marion County Election Board, 553 U.S. 181 (2008) In a 6-3 decision in 2008, the Supreme Court upheld the constitutionality of the photo ID requirement, finding it closely related to Indiana's legitimate state interest in preventing voter fraud, modernizing elections, and safeguarding voter confidence. Over and out. This is pointless arguing the same issue in lower courts. The law of the land is that states CAN require ID.

Walter Concrete
Walter Concrete

Election fraud occurs through the computers.   Not through people.    They would never take the chance on allowing people to determine an election.    Squawk all you want about illegals, they don't need them to swing an election.

AzBorn
AzBorn

They just registered to vote by accident??

“NBC2 found Dennett after reviewing her jury excusal form. She told the Clerk of Court she couldn't serve as a juror because she wasn't a U.S. citizen.
We found her name, and nearly a hundred others like her, in the database of Florida registered voters.”

http://www.nbc-2.com/story/166...

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smith288
smith288

Mexico requires ID, why not Arizona?

Guest
Guest

Because Arizona sucks donkey dongs?

driftergal
driftergal

isn't it a contitutional requirement that a person be a citizen to be able to vote thus the whole reason for having identification at the voting polls?  I bet if they needed identification to go to the hospital, or get food stamps, or welfare, or government housing, or any other freebie, they would certainly do what it took to get that identification.  Us evil white people have always had to show identification such as a birth certificate to go to school or to enroll our kids in school.  why do people with different color skin follow different rules?  How is this fair at all?

Kcs2az
Kcs2az

I hope they don't accept driver's licenses as proof of citizenship - you don't have to be a citizen to have a license!

guest
guest

the honor system. intelligent progressive liberals are relying on illegals to be honorable and not break laws.

125885
125885

so  license and registration  also does that

ExpertShot
ExpertShot

 So does a bill from your home.  But it's wrong - there was no evidence of voter fraud occurring in Arizona.  It's a law that wasn't needed.  Additional burdensome laws are against conservative ethics.

shadeaux14
shadeaux14

 Not only that, there is no evidence that "Illegal alien" voter fraud occurs anywhere in the country. Just one question,

What conservative ethics?

IllegalVoterPosingAsEricHolder
IllegalVoterPosingAsEricHolder

More about this: http://www.youtube.com/watch?v...

U.S. Attorney General Eric Holder has declared that there is no proof that in-person voter fraud is a problem. 
In a new video provided to Breitbart.com, James O’Keefe’s Project Veritas demonstrates why Holder should stop attacking voter ID laws--by walking into Holder’s voting precinct and showing the world that anyone can obtain Eric Holder’s primary ballot. Literally.
The video shows a young man entering a Washington, DC polling place at 3401 Nebraska Avenue, NW, on primary day of this year--April 3, 2012--and giving Holder’s name and address. The poll worker promptly offers the young man Holder’s ballot to vote. 
The young man then suggests that he should show his ID; the poll worker, in compliance with DC law, states: “You don’t need it. It’s all right. As long as you’re in here, you’re on our list, and that’s who you say you are, you’re okay.” 
The young man replies: “I would feel more comfortable if I just had my ID. Is it alright if I go get it?" The poll worker agrees.
"I’ll be back Faster than you can say Furious,” the young man jokes on his way out, in a reference to the Fast and Furious gunwalking scandal that has plagued Holder’s Department of Justice.
Holder has maintained that voter fraud is not a major problem in the United States, and that voter ID would not curb voter fraud in any case.
As Project Veritas has proven, voter fraud is easy and simple--and may be increasingly common in the absence of voter ID laws.
Project Veritas has already shown how dead people can vote in New Hampshire, prompting the state senate to pass a voter ID law; they’ve also shown people can use celebrity names like Tim Tebow and Tom Brady to vote in Minnesota, prompting the state legislature to put voter ID on the ballot as a constitutional amendment.

Seedy Ward
Seedy Ward

At least Breitbart is DEAD. Let's see that bastard try to vote.

IllegalVoterPosingAsEricHolder
IllegalVoterPosingAsEricHolder

Definitely No Evidence of Voter Fraud or the possibility of Voter Fraud Here:
http://www.youtube.com/watch?v... 

I personally know someone that was able to vote before completing the citizenship process.  To say it is a law that isn't/wasn't needed is total BS.  As things currently are, voting illegally is one of the simplest illegal acts to carry out and get away with.

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