WASHINGTON – The U.S. Supreme Court has cleared the way for a lower court ruling that would stop Arizona election officials from rejecting voter registration forms that do not have evidence of citizenship.
Arizona has been requiring proof of citizenship with voter registration forms since 2005, shortly after voters passed Proposition 200. But the 9th U.S. Circuit Court of Appeals in April ruled that the proof-of-citizenship requirement conflicted with federal voter registration law.
The Supreme Court had stayed that decision earlier in June at the request of Arizona Attorney General Tom Horne, who was planning a challenge to the lower court decision.
The justices Thursday, without comment, lifted that stay, clearing the way for the circuit court to issue an order banning the practice of requiring citizenship proof. That order is likely to come in the next week, said attorneys involved in the case.
Horne said he will go forward with his appeal to the Supreme Court. But the court began its summer recess Friday, meaning the earliest the case could be considered is October when the justices return – if they agree to hear the case at all.
“We’re going to prepare a full petition for cert (a request for an appeal), and I believe we deserve to have it granted,” said Horne, adding that he planned to have the petition filed by the end of July.
Horne downplayed the fact that the Supreme Court refused to extend the stay until its October term, with only Justice Samuel Alito arguing for the stay to continue.
“That’s not a consideration of the merits of the case,” he said of the 8-1 decision.
But an attorney for the law’s opponents said it would be hard for the state to see good news in the high court’s decision.
“The 9th Circuit and now the Supreme Court has basically told them (state officials) you lose on this issue,” said Jon Greenbaum, a Georgetown University law professor and one of the attorneys arguing against Arizona.
“It’s hard for me to see, after the course of the decision today, the court actually granting a writ of certiorari in the case,” Greenbaum said.
Secretary of State Ken Bennett said in a prepared statement Thursday that he was disappointed by the Supreme Court’s decision.
“There isn’t a corner of this state where people are not concerned with voter fraud,” Bennett said. “Opposition to the simple act of providing proof that you are legally eligible to participate in our elections is hard to fathom.”
Greenbaum said the circuit court would likely issue an order within the next week mandating that the state begin accepting voter registration forms without evidence of citizenship. Under the federal voter registration form, applicants need only check a box attesting that they are citizens.
Voters will still have to show ID verifying their identity when they turn up at a polling place, a section of Proposition 200 that the circuit court upheld.
Horne said he did not think the circuit court’s order would create immediate problems, even with this being an election year.
“The problem is more of a long-term problem,” Horne said. “Right now almost everybody uses the state form. We can’t ask for identification on the federal form, but we can on the state form.”
When asked who decides which form to use, Horne said he thought the applicant could request either one.
But Greenbaum said that Arizona should not be applying the proof of citizenship any longer. He did not make a distinction between the federal or state forms.
“In a presidential election year it’s particularly significant,” Greenbaum said.
Masterrogue666 posted at 8:02 am on Sat, Jun 30, 2012.
Just like the liberals, give the ability to vote to CRIMINALS. Do you really think an ILLEGAL ALIEN only breaks one law?
Tookie88 posted at 10:22 am on Sat, Jun 30, 2012.
So this will simply insure Obama gets the illegal vote in this state....it seems all part of the plan, doesn't it. The Dream Act, shooting down SB 1070, etc. What better way to increase the voter base then to allow people who aren't even legally in this country to make decisions about our country! Is he going to bus people in from Mexico to vote in OUR election? This reminds me of when dead people voted in Chicago elections. When did the leaders of our country get so out of touch with reality? Our founding fathers are probably spinning in their graves right now! I am sorry, but you should be able to show citizenship in order to vote in this country...we can't go to Mexico and vote in their elections.
victor0645 posted at 11:00 am on Sat, Jun 30, 2012.
Obama is looking to take control of the government in anyway that he can. He wishes to be king, not president.
If the law says that you must be a citizen that must mean that you need to prove it.
I am thinking of register my mother and father to vote, and they are both dead.
The state has tried to pull dead people off the voteing records but the liberals say they cant do it.
maybe I will even register my dog.
Pepina posted at 1:23 pm on Sat, Jun 30, 2012.
I've been watching the jaw dropping antics of this administration for the past 3.75 years and, you know, I am almost at the point of saying"what the h..." Obviously there is no more "will of the people;' now it is the minority who rules..and he or she who screams the longest and loudest wins.
Maybe we should just throw in the towel and stop spitting in the wind. Let Mexico take Arizona and watch the hoards, like Sherman's march South, then, march north and east and west. Post a "Y'all Come" sign at the border! Chastise the Florida resident who said, "My Daddy was a staunch Republican until the day he died. Now he votes Democrat."
Now, I know I may not be the brightest bulb on the Christmas tree but why, exactly, is profiling such a grave and unforgivable sin? I mean, if a little old lady in a knitted pink ski mask robs a bank why can't you question little old ladies in pink ski masks?
Now before anyone says that I just don't understand prejudice, let me tell you.. growing up, as a member of an ethnic group so hated in our region that we, regularly had rocks tossed through our windows, kids attacked and beaten to a pulp, where going to a restaurant wasn't an option because they simply would not wait on us. And when I bitched and moaned to my grandmother, know what she said.."Some of the blame must be placed on the people in our own community who do the terrible things that make everyone fear and hate all of us!"
I'm ranting and raving again but I have been witnessing things happening within our government that I never, ever dreamed would be possible! People, literally, getting away with bloody murder and others cheering them on! So, maybe, it is time to just give up. Let 'them' have their way and when this country is reduced to rabble and dust... maybe it might be salvageable. Maybe.
Dale Whiting posted at 6:54 am on Sun, Jul 1, 2012.
Yes, Neo-con gang.
President Obama will get the illegal vote in our state, all 30 or so of them. And he'll be getting most of the legal votes from those who cannot prove their citizenship, mayby 3000 of them. So live with it!
chatmandu002 posted at 9:22 am on Sun, Jul 1, 2012.
Glad to hear that Dale is fine with illegals being allowed to vote. What other rights do you want for the illegals Dale?
Masterrogue666 posted at 10:27 am on Sun, Jul 1, 2012.
"Dale" sure likes to use that "Neo-con" term, even when it doesn't apply!
fae4now posted at 10:48 am on Sun, Jul 1, 2012.
You're right Dale.
But since some object to using labels, myself included, let's just say that some of our 'fellow citizens' sure like to go off the deep end over some small matters.
Can any of you provide any statistics at all about how many ACTUAL CASES of voter fraud of ANY type ( illegals, dead dogs, men from Mars) that have been documented in this state in the last decade?
I can't either. But in other states where this has been investigated the numbers were found to be inconsequential.
fae4now posted at 10:52 am on Sun, Jul 1, 2012.
By the way, how many of YOU showed proof of citizenship when you first registered?
My guess is zero. I didn't either.
andys posted at 11:08 am on Sun, Jul 1, 2012.
I think that it is obvious that voter fraud is not an issue. On the other hand our state and county are sue happy. Why in gods name doesn't someone say that the waste of money on suit after suit that enough is enough! The bottom line is that many people are afraid of the latino vote because it is the majority of voters now. Reminds me of apartheid in South Africa. Just make sure they can't vote and we will keep the non latinos in office. The change is inevitable. Change is good.
samkat posted at 5:49 pm on Sun, Jul 1, 2012.
Actually f4n, I am older than dirt and registered to vote when it meant something to be an American. Now, as to your comment about actual cases of voter fraud, lets put the shoe on the other foot and have you prove there is not voter fraud.
Andys: According the the census, only 16% of our population is Hispanic and if you factor out the estimated 11.5 million estimated illegals (probably more), that drops the number so it will be a few years before you overcome us and we claim minority status. By the way, when that happens assuming I am still around, I am going to demand an English interpreter as well as all of the perks that go with being a minority. By the way, I will be waving the stars and stripes rather than the Mexican flag. I will always be an American first. I have to yet to determine what a Mexican American is. If they are Americans then they should be proud to claim American of ___ heritage.
VofReason posted at 12:53 pm on Mon, Jul 2, 2012.
It is against the law to vote if you are not a citizen of the US- no? Maybe Sheriff Joe can hang around a few specific voting stations and do some sweeps. At least he still cares about enforcing laws.
ZOO001 posted at 4:57 pm on Tue, Jul 3, 2012.
If the American people are willing to tolerate this, they will tolerate anything. Your citizenship means absolutely NOTHING. This single issue should bring armed citizens to the streets in numbers that cannot be ignored.