Thread: Ruling strikes down part of Arizona Voter ID law

Ruling strikes down part of Arizona Voter ID law

By Bob Christie
October 27, 2010 8:26 AM
5 Comments

PHOENIX (AP) -- A federal appeals court on Tuesday struck down a key part of Arizona's law requiring voters to prove they are citizens before registering to vote and to show identification before casting ballots.

The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals found the law requiring voters to prove their citizenship while registering is inconsistent with the National Voter Registration Act. That federal law allows voters to fill out a mail-in voter registration card and swear they are citizens under penalty of perjury, but doesn't require them to show proof as Arizona's law does.

The ruling left in place a requirement that voters provide proof of identity when casting ballots.

Lawyers for several civil rights groups that sued argued thousands of Arizonans have had their federal registration forms rejected because they failed to provide other documents required by the state. That violates the federal law, they argued.

The state law in question, Proposition 200, was passed by voters in 2004. It required proof of citizenship during voter registration and of identity at the polls, and also while receiving certain state benefits.

It has been upheld by state and federal courts until Tuesday's decision.

In a statement, one of the attorneys who argued the case said his group was "elated" by the decision.

"This will enable the many poor people in Arizona who lack driver's licenses and birth certificates to register to vote," said Jon Greenbaum, legal director for the Lawyers' Committee for Civil Rights Under Law.

Arizona Attorney General Terry Goddard's office issued a statement saying it intends to ask a full panel of 9th Circuit judges to reconsider the case.

The ruling applies only to voter registration and the deadline for voting in the Nov. 2 general election has passed, so it will have no practical effect on voting, the statement said.

Appeals Court Judge Sandra S. Ikuta's opinion was joined by retired U.S. Supreme Court Justice Sandra Day O'Connor, who heard the case as a temporary appeals court judge. Ikuta said the federal voter registration law laid out specific requirements for the mail-in registration form that the state can't make more onerous.

http://www.gopusa.com/news/2010/10/ruli ... id-law.php

This will enable the many poor people in Arizona who lack driver's licenses and birth certificates to register to vote

Something is wrong with this.

So poor people have "no" birth certificates?

They are not given one since they are poor?

Is it the fact they are poor or the fact they are poor illegal aliens without proof of who they are?

Related

Breaking: Court overturns Arizona's proof of citizenship
http://www.alipac.us/ftopicp-1131438.html

NATIONAL VOTER REGISTRATION ACT

Just made it easier for CITIZENS to register to vote is primarily all it did

The National Voter Registration Act Of 1993
Congress enacted the National Voter Registration Act of 1993 (also known as the "NVRA" and the "Motor Voter Act"), to enhance voting opportunities for every American. The Act has made it easier for all Americans to register to vote and to maintain their registration.

The NVRA allows the Department of Justice to bring civil actions in federal court to enforce its requirements. The Act also gives the responsibility to the Federal Election Commission (FEC) to provide States with guidance on the Act, to develop a national mail voter registration form, and to compile reports on the effectiveness of the Act. An amendment in the Help America Vote Act of 2002 transferred the FEC's responsibilities under the Act to the Election Assistance Commission.
Provisions Of The NVRA
In addition to whatever other methods of voter registration which States offer, the Act requires states to provide the opportunity to apply to register to vote for federal elections by three means:

Section 5 of the Act requires states to provide individuals with the opportunity to register to vote at the same time that they apply for a driver's license or seek to renew a driver's license, and requires the State to forward the completed application to the appropriate state of local election official.

Section 7 of the Act requires states to offer voter registration opportunities at all offices that provide public assistance and all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities. Each applicant for any of these services, renewal of services, or address changes must be provided with a voter registration form of a declination form as well as assistance in completing the form and forwarding the completed application to the appropriate state or local election official.

Section 6 of the Act provides that citizens can register to vote by mail using mail-in-forms developed by each state and the Election Assistance Commission.

Section 8 of the Act also creates requirements for how States maintain voter registration lists for federal elections. The Act deems as timely those valid voter registration applications by eligible applicants submitted to designated state and local officials, or postmarked if submitted by mail, at least 30 days before a federal election. The Act also requires notification of all applicants of whether their voter registration applications were accepted or rejected. The Act requires States to keep voter registration lists accurate and current, such as identifying persons who have become ineligible due to having died or moved outside the jurisdiction. At the same time, the Act requires list maintenance programs to incorporate specific safeguards, e.g., that they be uniform, non-discriminatory, in compliance with the Voting Rights Act, and not be undertaken within 90 days of a federal election. The removal of voters for non-voting or for having moved can only be done after meeting certain requirements provided in the Act. The Act allows for removal of voters from registration lists when they have been convicted of a disqualifying crime or adjudged mentally incapacitated, where such removals are allowed by state law. The NVRA also provides additional safeguards under which registered voters would be able to vote notwithstanding a change in address in certain circumstances. For example, voters who move within a district or a precinct will retain the right to vote even if they have not re-registered at their new address.

The NVRA became effective in most states on January 1, 1995. The Act applies to 44 states and the District of Columbia. Section 4(b) of the Act provided that states were exempt from the Act if, as of August 1, 1994, they had no voter registration requirements or had election-day registration at polling places. These six states are Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming. In addition, the Act granted additional time to Arkansas, Vermont, and Virginia to comply because they needed to change their constitutions in order to comply with the Act and maintain a unitary registration system for federal and state elections.
Enforcement Of The NVRA
After the NVRA became effective, several states failed to take the steps necessary to comply with the law; several of them also challenged the constitutionality of the Act. Beginning within a month of the Act's effective date, the Department responded by filling a series of lawsuits requiring these states to comply with the Act's procedures as well as defending its constitutionality.

Those states involved in the first round of cases included California, Illinois, Michigan, Mississippi, Pennsylvania, New York, South Carolina, Vermont, and Virginia. The Department's litigation addressed each state's refusal, often on constitutional grounds, to implement provisions of the Act. As a result of these cases and actions filed by private individuals, the Act's constitutionality was established and states were ordered to comply with the Act's requirements.

Since that time, the United States has continued to bring litigation to ensure compliance with all facets of the Act.

Voter Registration Requirements of Sections 5, 6, 7, and 8 Of The NVRA

And look at section 6. It does not saythe words this panel says it does.

Section 6 of the Act provides that citizens can register to vote by mail using mail-in-forms developed by each state and the Election Assistance Commission.

http://www.justice.gov/crt/voting/nvra/ ... a.php#prov

NO WHERE DOES IT SAY YOU CAN SIMPLY SAY YOU ARE A CITIZEN!

Where a person registers to vote by mail and has not previously voted in a federal election in a State, if the voter does not qualify for one of the exemptions in Section 303(b)(3) of HAVA (described below), then he or she must submit one of the forms of identification required by Section 303(b)(2)(A) of HAVA the first time that he or she votes in a federal election. These forms of identification are: 1) a current and valid photo identification; or 2) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If the voter does not present the required identification, Section 303(b)(2)(B) of HAVA provides that he or she may nonetheless cast a provisional ballot.

It does get confusing. First it says you need to show proof of ID and then it says you can cast a provisional ballot if you do not have ID

•What are the requirements for voter registration by mail provided by Section 6 of the NVRA?

Section 6 of the NVRA requires each State to accept and use the federal mail voter registration application form developed by the U.S. Election Assistance Commission. This form is available on the EAC’s web site at http://www.eac.gov/program-areas/nation ... ation-form. In addition to containing a voter-registration application, this EAC application booklet describes certain state-specific requirements. The national form and booklet have been developed by the EAC in consultation with the States.

this EAC application booklet describes certain state-specific requirements.

Here it says by STATE requirements

NO wonder so many things get read into the Bills and Laws

http://www.justice.gov/crt/voting/nvra/nvra_faq.php