Arizona can continue to demand proof of citizenship before registering voters, at least for the time being.
In a brief order Thursday, U.S. Supreme Court Justice Anthony Kennedy blocked a ruling against the state from taking effect as scheduled Friday. Instead, he directed those who successfully challenged the requirement to file legal papers by the end of the day Monday explaining why the April decision by the 9th Circuit Court of Appeals should be upheld.
It does not mean the high court intends to overturn the ruling — or even from preventing it from taking effect while the state seeks review. But it does mean that at least one justice thinks the issue is significant enough to require an immediate look by him and his colleagues.
If nothing else, the order is at least a temporary setback for efforts by the Mexican American Legal Defense and Educational Fund and the Inter-Tribal Council of Arizona to overrule a provision of a 2004 voter-approved initiative aimed at illegal immigrants.
Most of that measure dealt with things like proving legal presence to get certain public services. But the initiative also required proof of citizenship to register to vote and showing certain forms of identification before being able to cast a ballot.
In a split decision, the appellate court upheld the voter ID rules. But the judges said the state cannot strictly enforce the citizenship proof requirement to register.
Judge Sandra Ikuta pointed out that Congress mandated creation of a specific form designed to allow individuals to register to vote by mail. That form does not include a proof-of-citizenship requirement.
What that means, the judge said, is Arizona election officials have to register those people who sign up using that federal form, even if they do not provide the state-mandated identification.
In a petition to the high court, state Solicitor General David Cole urged the justices to immediately intervene. He argued that the 9th Circuit ruling is flawed — and if it is allowed to take effect, it will make it difficult for Arizona and other states to ensure that only those who are eligible get to cast a vote.
At the heart of the fight is the National Voter Registration Act where Congress directed the Election Assistance Commission to create a standard federal voter registration form.
The commission, in designing that form, included a requirement to sign an avowal of citizenship and the warning of federal prosecution for lying. But the panel concluded that providing actual proof of citizenship was unnecessary.
More to the point, federal law requires Arizona — and all other states — to accept and use the federal form.
But the state, citing the 2004 ballot measure, is refusing to accept those forms without separate proof of citizenship.
Attorney General Tom Horne, who personally argued the case to the appellate court, told the judges Arizona was doing nothing wrong.
“There’s nothing in the statute that the states cannot do that,” Horne said. He argued that enforces the legitimate interest of states in preventing voter fraud, criticizing the federal form as a “so-called honor system where the only thing you do to check citizenship is to sign on a line.”
Cole, in his arguments to Kennedy, said intervention by the Supreme Court is necessary, saying allowing the ruling to stand “leads to absurd results.”
“The National Voter Registration Act by its terms is designed to enhance the integrity of elections,” he wrote, suggesting that allowing people to vote without first proving they are citizens works in the opposite direction. And Cole said a separate law — the Help America Vote Act — specifically allows states to establish procedures against voter fraud that are stricter than federal law.
Cole also said Arizona is entitled to immediate Supreme Court intervention because of the harms the state might face if it had to begin allowing people to register to vote without proof of citizenship.
He said that in 2005, the Maricopa County Recorder referred 159 incidents to the county attorney based on evidence demonstrating that people who were not U.S. citizens had registered to vote.
“Pima County has also referred to its county attorney several instances of non-citizens attempting to register to vote or cast votes in an election,” Cole wrote. In fact, he said, about 200 voter registrations in these two counties were cancelled when they swore that they were not citizens to avoid jury duty.
But Jon Greenbaum, representing the Inter-Tribal Council of Arizona, said federal law gives Congress broad authority when it comes to determining how elections can be run. He said any move by the Supreme Court to overturn the appellate decision would require a ruling “inconsistent” with those laws.
Leon Ceniceros posted at 8:02 am on Fri, Jun 15, 2012.
The reader can sure see on which side of this policy that the Reporter is on. He cited a zillion Liberal Anti-Proof of Citizenship people and only Tom Horne, our Republican Arizona Attorney General.
Once again.....the Liberal political "guru's" on our Local PBS TV Channel 8, KAET'S "Horizon and Horizonte" TV programs were shown to be wrong. To a man (and woman too....lol)....these Left-Wing Anti-SB 1070 ILLEGAL ALIEN AMNESTY Activists have had to eat ................."CROW".
chatmandu002 posted at 10:00 am on Fri, Jun 15, 2012.
phxvato1202,
I may or may not agree with leon, but I don't berate or call anyone bad names or insult there opinions. It's called civility.
As for the AZ voter ID law, I hope the Supreme Court approves the law and SB 1070 also.
It would be great to see the state, county and city police officers allowed to enforce our laws.
Obama will do any and everything to get re-elected. He had 3 years to get this immigration stuff done, but does it now to get votes. Plain and simple truth.
chuckles3 posted at 10:45 am on Fri, Jun 15, 2012.
This will be an interesting Supreme Court case, considering the Constitution requires you be a citizen to vote. If it is overturned I can't wait to see the legal gymnastics in the decision.
Butters posted at 11:05 am on Fri, Jun 15, 2012.
Chatmandu, you are correct about Obumbles only placating certain ethnic communities in order to get votes. If this voter registration law is upheld, which I think it will be, Obumbles is going to lose a lot of ILLEGAL votes. Obumbles and Holder should be in prison for the underhanded, dirty, illegal, funny business they have been doing. I am sick and tired of watching ignorant socialists give away our hard earned dollars to those who have no desire to better themselves, and those who have absolutely no respect for our laws, including the lllegals who come across our borders, steal identities of our citiziens, take away jogs that should be going to American citizens, trash our neighborhoods, increase our crime, and the list goes on an on.
If you support Obumbes, I suggest that you take a good look at what is happening to Europe's economy right now. That's a prime example of what ignorant socialists can do to overtax the working class, support the lazy, and cause their individual economies to collapse. Europe told Obumbles, do NOT model your healthcare and tax and social welfare system after ours because it does NOT work and we care going broke. Did the jackwagon in the White House listen? Of course not because he thinks he knows everything about everythinig, and yet that ignorant jackwagon has proven that he knows NOTHING.
Ask yourselves this, my fellow Americans. Are you better off now than you were four years ago? No? Well then, vote that loser out of office this coming November, and while we're at it, kick the rest of these socialists demodopes to the curb.I say demodopes because the real democratic party died a long time ago. Seriously, it's time to send stupid people packing. Stupid people, as in the biggest pig in Congress, who said, "You have to vote for it to find out what's in it." No debate, don't let the people use their right to read the bills and then give their input to their elected representatives, as the law intended No, let's just round up all of America's LEGAL citizens, put them in concentration camps, and then let our foreing enemies come in and take over our country.
phxvato1202, it will be cold day in hell before I ever surrender to the very people whose boots you lick.
Engaged Voter posted at 11:21 am on Fri, Jun 15, 2012.
One thing about the new Obama memo...
The memo said the government would not pursue immigrants who met five criteria. One of the criteria is: •Have a clean criminal record.
At least here in Arizona, you are a CRIMINAL just by entering the state illegally...and human smuggling is still considered a felony.
So by definition, there is no such thing as an illegal alien with a clean criminal record, since they are currently committing at least one criminal felony.
Cerulean posted at 12:07 pm on Fri, Jun 15, 2012.
Hey guys, try not to exaggerate the story too far out-field. The deportation changes would effect only those who are NO MORE than 30 years old and whom were brought here by their parents before they turned 16. They also must have lived in the U.S. for more than five years with no criminal record (note: record). I, for one, do not consider these young people criminals in any sense of the word – sorry.
In hind sight, It would have been better if President Bush had not opened the border flood gates and allowed 10 million immigrants into the country in the first place – but he did.
Cerulean posted at 12:16 pm on Fri, Jun 15, 2012.
As for this story, "At the heart of the fight is the National Voter Registration Act where Congress directed the Election Assistance Commission to create a standard federal voter registration form.
The commission, in designing that form, included a requirement to sign an avowal of citizenship and the warning of federal prosecution for lying. But the panel concluded that providing actual proof of citizenship was unnecessary."
My 84 year old mother-in-law recently moved to this state and she wanted to register to vote. All she needed was two picture ID's.
Rational Human posted at 8:30 pm on Fri, Jun 15, 2012.
At least the supreme court conducts themselves according to the constitution. Obongo pledged to uphold the constitution but has continually wiped his rear end with it.
Rational Human posted at 9:26 pm on Sun, Jun 17, 2012.
Cerulean, those young people you say are not criminals could in fact be allowed to stay if the left would allow us to deport they rest of the invaders and to stop any further incursions onto US soil of undesirables. This importation of poverty must end. But the fact is that they are all at least guilty of a misdemeanor offense and are by definition criminals.
Masterrogue666 posted at 7:35 pm on Wed, Jun 27, 2012.
Another sign in Spanish! And you tell me that ONLY LEGAL CITIZENS vote? Yea, right!