Judge rejects suit seeking to void voter ID law - East Valley Tribune: News

Judge rejects suit seeking to void voter ID law

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Posted: Wednesday, August 29, 2007 11:52 pm | Updated: 6:39 pm, Fri Oct 7, 2011.

Arizona laws that require would-be voters to produce documents proving they are U.S. citizens don’t amount to an unconstitutional poll tax, a federal judge has ruled.

U.S. District Court Judge Roslyn Silver rejected various contentions of the Mexican American Legal Defense and Education Fund that the requirements of a 2004 voter-approved measure are discriminatory or unconstitutional.

The laws require proof of citizenship to register and presentation of certain forms of identification to cast a ballot.

“Only citizens may vote,” Silver wrote. “Requiring an individual to present proof of citizenship allows the state to determine if that individual is qualified to vote.”

But the ruling, made available Wednesday, does not end the legal challenge. The fund still is entitled to pursue two other claims at trial, including one that the measure is illegal because it disproportionately depresses Hispanic voting strength.

But Silver, in the new ruling, found nine of the fund’s contentions so lacking in merit that she agreed with attorneys for the state that those contentions should be thrown out even before a trial.

Nina Perales, the fund’s regional counsel, said she believes a federal appeals court will conclude otherwise.

Perales is not contesting laws requiring people to be citizens to register. Instead, she contends the requirements to produce certain kinds of documents are illegal.

That led to the argument that the ID requirements amount to an unconstitutional “poll tax,” as voters would need to purchase certain documents. She said that issue crosses ethnic lines because anyone who is poor and does not have a driver’s license — one of the acceptable documents — would be denied the right to vote.

But Silver said the requirement does not rise to the level of a fee to vote, which would be illegal.

Still unresolved is Perales’ argument that the requirement violates the federal Voting Rights Act, which bans states from enacting regulations that disproportionately discriminate against minorities, even if that is not the intent of the law. She said Hispanics are less likely to have the kinds of documents necessary to register and vote.

Perales also contends the law unconstitutionally discriminates against naturalized citizens. She said while they are presumed equal under the law, only those who are naturalized have to produce certain documents showing they are citizens.

The fund mounted a separate legal challenge to Proposition 200 shortly after the 2004 election, seeking to overturn another provision denying certain public benefits to illegal immigrants. But a federal appeals court tossed it, saying there was no evidence anyone legally entitled to those benefits was in danger of being prosecuted for breaking the law.

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