U.S. panel says voters don't have to prove citizenship
Posted on Monday, March 13 @ 09:14:44 EST
Topic: State Laws Immigration illegal legal
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 Decision appears to run counter to state's Prop. 200
PHOENIX — State election officials are scrambling to interpret a ruling that Arizonans do not need to show proof of citizenship when they register to vote with a federal registration form.
Topics: AZ, Arizona, Proposition 200, illegal immigration, votes, voting, ballot security, American Public, enforce the law
3/11/2006
By C.J. Karamargin
ARIZONA DAILY STAR
Issued Monday by the U.S. Election Assistance Commission, the ruling amounts to a potential loophole in Proposition 200, the voter-approved initiative that made Arizona the first state in the nation to require proof of citizenship for voter registration.
The ruling says "Arizona may not refuse to register individuals to vote in a federal election for failing to provide supplemental proof of citizenship," as required under Prop. 200.
In a three-page letter to Secretary of State Jan Brewer, the commission's executive director wrote that imposing additional citizenship requirements on anyone using a federal registration form could result in a loss of voting rights.
"No state may condition acceptance of the federal form upon receipt of additional proof" of citizenship, wrote Thomas R. Wilkey.
Brewer — whose office asked the commission for its opinion in December — called the ruling "outlandish" and has asked for a review by Attorney General Terry Goddard.
"I certainly have concerns about this," she said. "I don't believe they're correct."
Prop. 200 was approved overwhelmingly by Arizona voters in November 2004 and survived numerous legal challenges before it passed muster with the U.S. Department of Justice in January 2005.
"It seems pretty clear," Brewer said. "It's the law in Arizona."
The proposition requires county election officials to reject any voter registration form that is not accompanied by "satisfactory evidence of United States citizenship," such as a birth certificate, passport, tribal ID card or an Arizona driver's license issued after Oct. 1, 1996, when proof of legal residency for licenses became necessary.
It also requires voters to show a photo ID or two other forms of identification, such as a utility bill or bank statement, to get a ballot.
The federal registration form, which was created and is regulated by the commission, requires only that a voter attest to being a citizen. They are available on the commission's Web site, www.eac.gov.
Because states must accept the federal form, Pima County Registrar of Voters Chris Roads said the divergent requirements could create "an interesting scenario" on Election Day: A voter who registers with a federal form could be allowed to cast a ballot in a federal race, such as president or Congress, but not in a state or local race.
"It could create another layer of eligibility," he said.
But, Roads added, very few voters register with a federal form. Between November 2002 and November 2004, the county processed 338,574 registration forms and only 3,579, or just about 1 percent, were federal.
"It's not a big loophole," he said.
Whether it will become one, however, is unclear.
Randy Pullen, chairman of the Yes on 200 Committee, said he is not too worried.
"I'm pretty confident that if the Department of Justice has cleared it, there is no issue," he said.
Andrea Esquer, spokeswoman for the Attorney General's Office, said late Friday that the matter is still under review but Prop. 200 will be enforced.
● Contact reporter C.J. Karamargin at 909-8482 or at ckaramargin@azstarnet.com.
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