9th Circuit-on 2-1 Vote-Holds that AZ Requirement of Proof of Citizenship to Vote Is Preempted By..

[kpete]

Source: Election Law

http://www.ca9.uscourts.gov/datastore/opinions/2010/10/26/08-17094.pdf

Breaking News: Ninth Circuit, on 2-1 Vote with Strong Kozinksi Dissent, Holds that Arizona Requirement of Proof of Citizenship to Register to Vote is Preempted by the National Voter Registration Act

Judge Ikuta, joined by Justice Sandra Day O'Connor, sitting by designation, wrote the majority opinion in this case. A snippet:

*****More broadly, Proposition 200 is not in harmony with the intent behind the NVRA, which is to reduce state-imposed obstacles to federal registration. It is indisputable that by requiring documentary proof of citizenship, Proposition 200 creates an additional state hurdle to registration. As indicated in our overview, supra Part C.2, the NVRA was sensitive to the multiple purposes of a federal voter registration scheme, including the need "to establish procedures that increase the number of eligible citizens who register to vote in elections for Federal office" and the need to protect "the integrity of the electoral process." § 1973gg(b). The balance struck by the EAC pursuant to § 1973gg-7(a) was to require applicants to attest to their citizenship under penalty of perjury, but not to require the presentation of documentary proof. Id. Proposition 200's additional requirement is not consistent with this balance.

Read more: http://electionlawblog.org/archives/017593.html

[elleng]

1. Thanks. Kosinski's a character, always has been,

some might call him 'outrageous!'

:sarcasm:

[lobodons]

2. HUGE win for the Tea Party!!

Seeing they are strict Constitutionalists, the 24th Amendment is protected with this opinion!!

[COLGATE4]

3. One nasty Arizona anti-immigrant law struck down, a bunch of

others yet to go. Maybe there's hope yet.

[ProudDad]

4. Hooray! Here in this incubator of right-wing crazy

the "Meth lab of democracy"...

We are grateful for any slight ray of sunshine...

This is very good news...

Now that execrable piece of shit jan brewer will piss away another few million dollars of taxpayer money fighting the inevitable... :nuke:

[Lance_Boyle]

5. Great - let's let illegals vote in our elections!

This is asinine. I hope they vigorously pursue any perjury committed by illegal aliens seeking to vote in US elections, and that deportations arising from this are of the no-return variety.

[Posteritatis]

6. Mmm, hyperbole. (nt)

[savalez]

7. Gots to be some sarcasm in there too.

[greiner3]

8. Hahaha;

What a rube, what a maroon, what a moran. Oh wait, you're series. Hahahahahahahahahahha.

[Name removed]

9. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[The Croquist]

10. It's too late

They can't get registered in time and this will further energize the right and moderates that think that voting should be reserved for citizens.

You are absolutely correct, this is asinine. I can't get on a plane without an ID. I can't open a bank account without an ID. I can't fulfill my required jury duty without an ID. I can't buy liquor or beer without an ID but I should be able to register to vote without an ID?

This is no "Pool Tax" any more then requiring people to provide their own transportation, clothes to wear to the poll or eye glasses (if they need them) is a poll tax.

And Ikuta is dead wrong when he said the framers of the U.S. Constitution wanted to give the federal government control over voting procedures for national elections to ensure that individual states did not "frustrate the creation of a national government'' by refusing to hold elections.

The framers were only responsible for the original document and the first 10 amendments. Pretty much all the Constitution says regarding voting by the people is The House of Representatives shall be composed of Members chosen every second Year by the People of the several States. Demanding a common form of ID is not refusing to hold elections.

[GOPNotForMe]

12. I think you are misstating the holding.

The case struck down the documentary proof of citizenship requirement to register to vote, which is not the same as a photo ID at the polls. Do you have to provide your birth certificate to open a bank account or to get on a plane? No. But you do have to provide ID, which this case does not strike down. Many many many states require photo ID at the polls, and the U.S. Supreme Court has even recently upheld that requirement: http://www.nytimes.com/2008/04/29/washington/28cnd-scotus.html

Documentary proof of citizenship is a far greater burden than a photo ID, no?

[The Croquist]

24. Documentary proof of citizenship is a far greater burden than a photo ID, no?

Well not it isn't. Arizona accepts drivers licenses and non-operating IDs from Arizona or any other state that confirms citizenship when issuing them. They also accept birth certificates, passports, naturalization documents, Bureau of Indian Affairs Card Number, Tribal Treaty Card Number, Tribal Enrollment Number, Tribal Certificate of Indian Blood, Tribal Affidavit of Birth or Bureau of Indian Affairs Affidavit of Birth.

http://www.azsos.gov/election/How_to_register.htm

Q: What are the types of documents that are acceptable for proving citizenship?

Answer:

If this is your first time registering to vote in Arizona or you have moved to another county in Arizona, your voter registration form must also include proof of citizenship or the form will be rejected. If you have an Arizona driver license or non-operating identification issued after October 1, 1996, write the number in box 13 on the front of the Arizona Voter Registration form. This will serve as proof of citizenship and no additional documents are needed. If not, you must attach proof of citizenship to the form. Only one acceptable form of proof is needed to register to vote. The following is a list of acceptable documents to establish your citizenship:

A legible photocopy of a birth certificate that verifies citizenship and supporting legal documentation (i.e. marriage certificate) if the name on the birth certificate is not the same as your current legal name
A legible photocopy of pertinent pages of a United States passport identifying the applicant
Presentation to the County Recorder of United States naturalization documents or fill in your Alien Registration Number in box 19 on the front of this form
The applicant’s Bureau of Indian Affairs Card Number, Tribal Treaty Card Number, or Tribal Enrollment Number in box 16 on the front of the voter registration form
A legible photocopy of a driver license or non-operating identification from another state within the United States if the license indicates that the applicant has provided satisfactory proof of citizenship
A legible photocopy of a Tribal Certificate of Indian Blood or Tribal or Bureau of Indian Affairs Affidavit of Birth.




http://mvd.azdot.gov/mvd/formsandpub/viewPDF.asp?lngProductKey=1410&lngFormInfoKey=1410



http://www.azsos.gov/election/How_to_register.htm

[GOPNotForMe]

26. Interesting.

Thank you for the information.

[ProudDad]

30. DESIGNED to weed out the poor and people of color... (n/t)

[EFerrari]

15. What is asinine is worrying over a problem we don't have.

The last thing an undocumented person wants is unnecessary contact with any kind of official.

You know that BushCo fired two US Attorneys for failing to find any voter fraud of this kind, right? They were specifically tasked with finding some and they did not. So BushCo FIRED them. lol

[The Croquist]

25. You mean like by driving illegally,

Public housing, Section 8 housing, Food Stamps, Medical Treatment, using fake Social Security numbers and committing crimes?

Face it, they don't fear dealing with our government. I don't think there are millions of illegals voting but in my neighborhood there aren't a bunch of robberies either but I still lock my house at night.

That's just smart. So is insuring that people that are voting are US citizens.

[EFerrari]

27. You need to stop watching Faux Newz.

I've been around these people all my life. They avoid contact with officialdom at all costs.

Face it, you're regurgitating right wing propaganda and there is no record of illegal aliens attempting to vote, period. Do you honestly believe that if this was happening, the right wing nutcases wouldn't have names and dates? They have nothing, nada, nadita but their scurrilous claims which you are repeating here.

[The Croquist]

28. Does the GAO count as Faux Newz?

http://www.gao.gov/products/HEHS-98-30

In fiscal year 1995, about $1.1 billion in welfare and food stamp benefits were provided to illegal aliens with citizen children. This amount equals about three percent of overall welfare benefits and two percent of food stamp benefits. A vast majority of the households receiving these benefits lived in California, New York, Texas, and Arizona. Although illegal aliens also received supplemental security income and housing assistance for their citizen children, data with which to develop estimates for these two programs were unavailable. Comprehensive national statistics on any misrepresentation or fraud perpetrated by illegal aliens receiving benefits on behalf of their citizen children are unavailable. However, a few studies done by California counties on welfare households suggest that the rates and types of potential misrepresentation or fraud are similar for both households headed by illegal aliens and for the general welfare population.

Please explain to me how an illegal aliens manage to get food stamps, supplemental security income and housing assistance while avoiding contact with officialdom at all costs.

Obama's own Aunt who was an illegal alien lived in public housing and collects disability while volunteering with the Boston Housing Authority. Is that avoiding contact with officialdom at all costs?

[EFerrari]

29. "With American citizen children." They count if you can read. n/t

[The Croquist]

34. You're the one that said that "they avoid contact with officialdom at all costs" not me.

I showed you a GAO report that is at odds with your statement and you accuse me of not being able to read. What part of "In fiscal year 1995, about $1.1 billion in welfare and food stamp benefits were provided to illegal aliens with citizen children" do you not understand?

I understand that their citizen children are entitled to these benefits but in order to get these benefits the illegal aliens have to have contact with officialdom.

[EFerrari]

39. That's right. American citizens are entitled to those benefits. n/t

[ProudDad]

32. CITIZEN CHILDREN are entitled to help...

Take your right-wing, faux-noise crap somewhere where it might be more appreciated, ok... :hi:

[ProudDad]

31. You really must study up

if you're going to parrot right-wing racist talking points...

"Undocumented persons" already are barred from public housing, section 8, food stamps and...

All reputable studies have shown that "undocumented persons" commit "crime" at the same percentage as "citizens" of the same economic status.

So, it's economics, stupid, NOT immigrant status...

Get a fucking grip...Nobody's coming here "illegally" to try to vote!!!

[The Croquist]

35. If they are "already are barred from public housing, section 8, food stamps and..."

How come Obama's Aunt lived in public housing while in this country illegally?

While you're at it how come The Government Accounting Office states that in 1995 "illegal aliens also received supplemental security income and housing assistance for their citizen children"

Finally why don't you explain how quoting the GAO is a "right-wing racist talking point" and doesn't count as studying up.

As I said in an earlier post "I don't think there are millions of illegals voting but in my neighborhood there aren't a bunch of robberies either but I still lock my house at night."


It is just common sense to require proof of citizenship when registering to vote.

All reputable studies have shown that "undocumented persons" commit "crime" at the same percentage as "citizens" of the same economic status.

That is simply not true. 100% of them are criminals simply by being here. Additionally if they are working they are committing a second crime. It is illegal for a non-citizen to work without a green card and illegal aliens don't have green cards. Thirdly if they work for cash and many of them do they are almost certainly not paying taxes. That is a crime. If they drive without a valid license that is a crime. Without a license they can't buy insurance. That is a crime.

Now perhaps you meant violent crime. If so please provide a link supporting your claim like I did with the GAO but you worded it to compare them with citizen of the same economic status. That's immaterial. A crime is a crime regardless of ones economic status. Try comparing them to US citizens and legal residents as a whole.

[ProudDad]

36. I asked you to study up

You're displaying your ignorance again...

"100% of them are criminals simply by being here"

No they are not. Being undocumented in USAmerica is a CIVIL matter -- NOT a criminal offense...

Only here in bat-shit crazy Arizona are they trying to make it a criminal matter -- in order to increase the profits of the for-profit prison corporations....

But, I'm done arguing with a biased brick wall. So long :hi:

[The Croquist]

38. US Code - Section 1325: Improper entry by alien

shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

A bit further down.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.


PS: You forgot to provide the link backing up your claim that illegal aliens don't disproportionately commit crimes. I'm disappointed. I wanted to "study up".

http://codes.lp.findlaw.com/uscode/8/12/II/VIII/1325

(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to
enter) the United States at a time or place other than as
designated by immigration officers shall be subject to a civil
penalty of -
(1) at least $50 and not more than $250 for each such entry (or
attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of
an alien who has been previously subject to a civil penalty under
this subsection.
Civil penalties under this subsection are in addition to, and not
in lieu of, any criminal or other civil penalties that may be
imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise
for the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, fined in accordance
with title 18, or both.

[ProudDad]

40. Can't you read?

The penalty above is for "improper entry" - a form of "fraud"...NOT for being an "undocumented person" in the U.S.

Most "undocumented" either enter legally on a visa or enter the old-fashioned way that many immigrants arrived here (including my grandfather) -- walking across the imaginary border...

No one does time for a criminal offense just for being here "undocumented"...

And the Criminal penalties mentioned in the sentence you outlined in bold refer to the rare individual who commits an actual crime...

Reading and comprehension skills are such a lost art here in the USAmerikan Empire...

-----------------------------------

Of course, it's a shame that the Empire incarcerates men, women and children (mostly for profit) while processing deportation or asylum issues...but that's a different discussion...

[The Croquist]

44. You are right.

Overstaying a visa is not a criminal offense but entering without a visa is a criminal offense and the majority of illegals cross the border illegally. That makes them criminals. The "old fashioned way" is a crime.

http://pewhispanic.org/files/factsheets/19.pdf


And the Criminal penalties mentioned in the sentence you outlined in bold refer to the rare individual who commits an actual crime

I disagree. The crime is crossing the border illegally and 6 to 7 million doesn't qualify as rare. The fact that the US generally do not prosecute this crime in lieu of deportation doesn't make it a non crime. I'm still waiting for a link to support you claim that illegal aliens don't commit more crimes then other groups.

I tried looking up the law regarding working without a green card but couldn't come up with much. Do you know what the penalty is? If so please provide a link.

The border is not imaginary. It is a real thing and defines nations. If you think that borders are imaginary then I guess that Bill Gates can declare that he doesn't live in the US, his offices aren't in the US and therefore he doesn't need to pay income tax, right?

[ProudDad]

37. "CITIZEN CHILDREN" -- Don't you even read what YOU write? (n/t)

[ProudDad]

20. And you can't vote in Arizona without showing a state issued picture ID.

So get a grip...

The election laws in Arizona are ALL ABOUT VOTER SUPPRESSION. They are designed to make it harder for poor people and people of color to vote...to reserve the power for the white, soon to be minority.

There's NO evidence of ineligible people trying to vote in ANY significant numbers.

However, there's ample evidence of voter suppression tactics and strategies (like this law and the tea-baggers organizing as "poll watchers") and of votes being rigged to get the result the capitalist masters want (like the RTA vote in Tucson).

There's NO such thing as a fair election in Arizona. It's time these assholes get knocked down a peg or two...

[Xithras]

11. Post-election prosecution would be a better way to handle it, and one that few would argue against.

If somebody does claim to be a citizen and votes, and it's later discovered that they weren't a citizen, few here (or anywhere) would argue against their prosecution. The post-election prosecution strategy would be non-controversial and Constitutional.

The problem with these pre-election documentation requirements is that they have the net effect of denying the vote to a large number of LEGAL citizens. You're denying a citizen their Constitutionally mandated rights, and that will NEVER survive a legal challenge.

Arizona, and every other state, is fully aware of the legal distinction. There is NOTHING stopping Arizona from establishing an office to investigate and prosecute those who illegally vote. They won't do it, and they prefer documentation bans, because preventing illegal voting isn't the real point of these requirements.

The REAL purpose is to deny voting rights to minorities who might vote the "wrong" way.

[GOPNotForMe]

14. So true. nt

Thanks for saying it better than I could.

[ProudDad]

21. Absolutely

and the bushies tried to force their U.S. Attorneys to find some...

And they couldn't...

A "solution" without a "problem"...

[L.Torsalo]

13. They already do.

The Supreme Court sold you out to the highest bidder and foreign corps (illegals) are buying your elections.

[fascisthunter]

43. so true

[depakid]

16. LOL

That's as paranoid as anything I've ever heard a teabagger say.

[Jazzgirl]

33. Did you forget the sarcasm smilie?

I'm sure you did......

[fascisthunter]

42. damn dude... stop watching Fox News

you've been here for a while, there is no excuse for being that misinformed.

[somone]

17. Ruling strikes down part of Arizona Voter ID law

Source: Associated Press

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...

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.


Read more: http://news.yahoo.com/s/ap/us_arizona_voter_id

[defendandprotect]

18. Good news ..... !

[pampango]

19. Interesting that you haven't always had to be a citizen to vote, particularly in local elections.

http://en.wikipedia.org/wiki/Right_of_foreigners_to_vote_in_the_United_States

The right of foreigners to vote in the United States has historically been a contentious issue. A foreigner, in this context, is a person who is not citizen of the United States.

Over 40 states or territories, including colonies before the Declaration of Independence, have at some time admitted aliens voting rights for some or all elections. In 1874, the Supreme Court in Minor v. Happersett noted that "citizenship has not in all cases been made a condition precedent to the enjoyment of the right of suffrage. Thus, in Missouri, persons of foreign birth, who have declared their intention to become citizens of the United States, may under certain circumstances vote."

By the time the nineteenth century came to a close, nearly one-half of the states and territories had some experience with voting by aliens, and for some the experience lasted more than half a century. At the turn of the twentieth century, anti-immigration feeling ran very high, and Alabama stopped allowing aliens to vote by way of a constitutional change in 1901; Colorado followed suit in 1902, Wisconsin in 1908, and Oregon in 1914. Just as the nationalism unleashed by the War of 1812 helped to reverse the alien suffrage policies inherited from the late eighteenth century, World War I caused a sweeping retreat from the progressive alien suffrage policies of the late nineteenth century. In 1918, Kansas, Nebraska, and South Dakota all changed their constitutions to purge alien suffrage, and Texas ended the practice of non-citizen voting in primary elections by statute. Indiana and Texas joined the trend in 1921, followed by Mississippi in 1924 and, finally, Arkansas in 1926. In 1931, political scientist Leon Aylsworth noted: "For the first time in over a hundred years, a national election was held in 1928 in which no alien in any state had the right to cast a vote for a candidate for any office -- national, state, or local."

More recently, some voting rights at a local level have again been granted to non-citizens by some state governments from 1968 onwards.

[ProudDad]

22. It DOES make more sense that anyone who lives in the community

have the right to vote...

But here in bat-crap crazy Arizona, the vote is essentially reserved for the soon to be white minority...

[Kingofalldems]

23. K and R

[pinboy3niner]

41. Yet Brewer will waste tax funds appealing the decision...

I posted E.J. Montini's column from the Republic:

Appeals court spurns state's Chicken Littles (on AZ voter reg. law)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x9404468

K&R