Thread: AZ:Court asked to let votes of unregistered be counted

Court asked to let votes of unregistered be counted
Howard Fischer Capitol Media Services | Posted: Saturday, November 6, 2010 12:00 am

PHOENIX - An organization that persuaded federal judges last month to toss out Arizona's proof-of-citizenship requirement to register to vote now is seeking a court order that could further delay a final count on Tuesday's election.

The Mexican American Legal Defense and Educational Fund late Friday asked the 9th U.S. Circuit Court of Appeals to order officials in the state's 15 counties to count the votes of those who cast "provisional ballots" because they did not show up on the voter-registration rolls as a result of not providing proof of U.S. citizenship.

On Oct. 26, though, the appellate court declared that requirement in a 2004 law invalid. Based on that, MALDEF attorney Nina Perales said those who were wrongfully denied registration should have their votes counted.

In other circumstances, she said, courts can provide remedial relief to those who were injured by the acts of government, either by ordering they be allowed to do what was denied or providing them with financial compensation. That is not an option here, she said.

"The voters who are in this position won't be able to vote again in this election," Perales said.

"This isn't something that can be compensated later by money or by voting in some other election. And the individuals who are in this position wanted to vote in this election. And they have a right to vote in this election."

Perales said she does not know how many ballots might be affected.

An estimated 84,000 provisional ballots were cast statewide but set aside for one reason or another.

Some were because people who were registered to vote did not bring the required identification to the polls. They have until 5 p.m. Tuesday to provide the documents.

But there is no count of how many of those provisional ballots are from people who were not on the registration rolls. Perales said she personally knows of only two, both in Pima County.

The MALDEF filing brought an angry reaction from Secretary of State Ken Bennett. He said the request, if granted, would create a "logistical nightmare" for counties.

Aside from that, Bennett argued that MALDEF has no legal basis for its argument.

He said the law in effect on Oct. 4, the last day to register for the general election, required applicants to provide proof of citizenship. Bennett said election workers followed that law and should not now be required to go to extraordinary lengths because of a subsequent court ruling.

In Maricopa County, which has about 55,000 provisional ballots, County Recorder Helen Purcell criticized MALDEF for its late filing.

She said the organization should have sought a court order immediately after the Oct. 26 ruling. Purcell said that would have made it easier to put these into a separate stack and await direction from the court.

Perales countered that she did not know until after Tuesday's election that anyone who had been denied registration actually had tried to vote anyway.

http://azstarnet.com/news/local/govt-an ... ml?print=1

Group files motion on provisional ballots15 commentsby Michelle Ye Hee Lee - Nov. 6, 2010 12:00 AM
The Arizona Republic

The Mexican American Legal Defense and Educational Fund on Friday filed a motion asking a federal appeals court to require counties to process provisional ballots from voters with unconfirmed citizenship status.

The 9th U.S. Circuit Court of Appeals last week struck down provisions in Proposition 200 that require proof of citizenship when people register to vote. But at least two Tucson residents had to cast provisional ballots on Election Day because they were not on the eligible-voter list, said Nina Perales, the fund's national senior counsel.

Perales said the pair are legal citizens.

Secretary of State Ken Bennett said the fund's motion aims to apply the 9th Circuit Court's ruling retroactively. Bennett said Prop. 200 can't be applied to the general election: the court issued its ruling after the voter-registration deadline passed. He said the motion could "substantially slow down" ballot counting if workers had to figure out which voters did not make the voter roll because they could not prove citizenship

Read more: http://www.azcentral.com/12news/news/ar ... z14XqbGTiT

Perales said the pair are legal citizens.

Is a legal citizen different than a plain ol US citizen? Are there illegal citizens?
I have never heard that term before

a legal citizen could have come here legally and followed all the proper channels.

But at least two Tucson residents had to cast provisional ballots on Election Day because they were not on the eligible-voter list, said Nina Perales, the fund's national senior counsel.

Perales said the pair are legal citizens.

Might not have been on the list because they were not registered voters. WAAAAAAAAAA And they got to vote. Their rights were not violated.

Many, if not all states have provisional ballots, so Mexican American Legal Defense and Educational Fund needs to quit picking on Arizona. Hopefully the judge throws a book at them.

You don't show up and have never registered, without any ID, or in the wrong location you have to vote provisionally. That's the safety net which prevents unlawful people from voting, dead people from voting, people from voting in multiple locations all day long and lawful voters from being missed due to documentation errors. It's fair and just.

Dixie

Pueblo Politics: MALDEF asks courts to count ballots of those who didn't prove citizenship
Rhonda Bodfield | Posted: Monday, November 8, 2010 10:31 am

Arizona’s Secretary of State Ken Bennett is denouncing an emergency motion by the Mexican American Legal Defense and Education Fund to count the ballots of any individuals who attempted to register to vote but were rejected because they couldn’t prove they were citizens.

Representatives from MALDEF could not be reached for immediate comment, but the motion comes follwing the Ninth Circuit Court of Appeals decision to strike down Arizona’s requirement — passed by voters in 2004 — that individuals show proof of citizenship when registering to vote.

The decision, which essentially determined the restrictions were in conflict with federal attempts to make voting more accessible, did not have any immediate impact on the elections, given that the registration period ended in early October.

This motion applies to registration applications rejected in the 90 days before the registration cutoff.

In its motion, MALDEF noted that there would be irreparable harm without a stay because voters would be disenfranchised because of the "unfair and inflexible" registration requirements. "Continued application of Prop. 200 thwarts the fundamental right to vote," the motion states.

The motion also states there is no evidence that failing to enforce the requirements will result in massive voter fraud.

But Bennett said in a statement that the request "constitutes a real danger to the integrity of Arizona elections. These individuals’ attempts to register to vote were rejected according to state law because they wouldn’t – or couldn’t – prove they were U.S. citizens. The notion of now forcing counties and the state to count any ballots they may have cast is abhorrent and would harm our ability to ensure safe and secure elections.â€

Wow it never stops with people wanting to change the laws for the majority to suit the minority. I didn't register in time for the last presidentcial elections and I didn't vote for obama so does that count under this same argument?

Motion Before 9th Circuit Court Could Create Election Chaos Written by Lynne LaMaster
Tuesday, 09 November 2010 07:30

Ana Wayman-Trujillo, left, and Secretary of State Ken Bennett, right, examine electronic election equipment.According to Matt Benson, Director of Communications for Secretary of State Ken Bennett's department, the Mexican American Legal Defense And Education Fund (MALDEF) has filed an emergency motion with the U.S. 9th Circuit Court of Appeals asking them to require certain "...ballots cast by potential non-citizens be tabulated as part of Arizona's General Election results."

Benson writes, "MALDEF has filed an emergency motion with the U.S. 9th Circuit Court of Appeals. The group is asking the court to require that Arizona counties verify and count any ballots cast by individuals who attempted to register to vote but were rejected due to inability to prove U.S. citizenship in the months prior to the General Election. Specifically, the motion applies to registration applications rejected in the 90 days immediately prior to the Oct. 4 registration deadline for the Nov. 2 General Election."

Practically speaking, this could create chaos in completing the tabulation of the November 2 election, and force election departments across the state to be out of compliance with state law. Benson explains, "If granted, this latest MALDEF motion would force the state to count the ballots of individuals whose attempts to register to vote were specifically denied because they didn’t prove their citizenship. It also could grind the tabulation process to a halt as counties are forced to search their records for individuals whose registration applications were rejected and who cast provisional ballots in the election anyway."

Ana Wayman-Trujillo is the Yavapai County Recorder, and she oversees all local elections. Right now, her department is working overtime to finish processing the ballots for this election. When asked how this would affect them right now, should the 9th Circuit Court agree with this emergency motion, she replied:


Dim lights Embed
“This request constitutes a real danger to the integrity of Arizona elections,â€