Court Says Arizona Can Demand Voter Identification

[BigBadBrian]

LINK (http://news.yahoo.com/court-says-arizona-demand-voter-identification-000549501--finance.html)
PHOENIX (Reuters) - A U.S. appeals court on Tuesday ruled Arizona may require voters to show identification at the polls, a ruling likely to add fuel to the fiery debate about voting rights in a presidential election year.

But the court also ruled the state cannot demand that they show proof of U.S. citizenship to register to vote in federal elections, a decision the state's attorney general said he would appeal.

That could set the stage for yet another U.S. Supreme Court showdown over a contentious Arizona law touching on citizenship issues. Next week, the high court will hear arguments over the state's effort to crack down on illegal immigration.

At issue in Tuesday's ruling was a 2004 Arizona ballot initiative, Proposition 200, that amended state election laws to add the citizenship and identification requirements. The measure - designed to stop illegal immigrants from voting - was challenged in court shortly afterward.

While agreeing that Arizona was within its rights to require identification at voting places, the appeals court concluded the national Voting Rights Act superseded the law's requirement that anyone registering to vote in a federal election show "satisfactory evidence" of U.S. citizenship.

A growing number of states have enacted voter ID laws, prompting a divisive debate over whether proponents are seeking to limit access to the polls in a presidential election year.

Thirty states have laws requiring that voters show at least some type of identification to vote in November, according to the National Council of State Legislatures.

Several states have enacted voter photo ID laws since the start of 2011, including Texas, Wisconsin, Kansas and Pennsylvania, though the U.S. Justice Department has blocked the Texas law and a state judge has blocked the Wisconsin law.

The Arizona law's "photo identification requirement is not an invidious restriction" and does not violate the 14th Amendment's equal protection clause, the court's majority concluded in an opinion by Judge Sandra Ikuta.

But the court was not convinced by Arizona's arguments in favor of Proposition 200's proof of citizenship requirement.

"In sum, the NVRA and Proposition 200's registration provision ... do not operate harmoniously as a single procedural scheme for the registration of voters for federal elections," Ikuta wrote.
"Therefore, under Congress's expansive Elections Clause power, we must hold that the registration provision ... is pre-empted by the NVRA" when a when a voter seeks to register for a federal election.

SPLIT DECISION
The U.S. Supreme Court will hear arguments on another controversial Arizona law touching on citizenship issues - the state's first-in-the-nation effort to crack down on illegal immigration inside its own borders.

Arizona Attorney General Tom Horne, a Republican, said on Tuesday that he would appeal the registration part of the split ruling to the U.S. Supreme Court.
"The court upheld the requirement that persons wishing to vote must show identification at the polling place. The part we will have to appeal deals with registration. We always expected the U.S. Supreme Court to have to decide this one," Horne said in a statement.

"The people of Arizona have a right to request that people registering to vote show some evidence they are citizens and we fully expect the U.S. Supreme Court to uphold that," he added.
Arizona's Republican governor, Jan Brewer, welcomed the part of the ruling about the ID requirement, her spokesman said.

"Unfortunately the court didn't take the further step of upholding our proof of citizenship requirement for individuals registering to vote," spokesman Matthew Benson told Reuters.
"This decision prevents Arizona from evenly applying its proof of citizenship requirement for all individuals registering to vote."

Plaintiffs in the suit, who argued that the law led to legal residents being unable to register to vote, hailed the ruling to strike down the proof of citizenship requirement as a victory.
"Today's ruling vindicates all the U.S. citizens who were improperly rejected for voter registration in Arizona," said Nina Perales, vice president of litigation for the Mexican-American Legal Defense and Educational Fund.

Arizona may no longer defy federal law in voter registration "particularly in a manner that discriminates against newly naturalized citizens," Perales said in a statement.
The group said the lead plaintiff in the case, Jesus Gonzalez, was a newly naturalized U.S. citizen who was twice rejected when he attempted to register to vote because state officials said they could not confirm his citizenship.

The case in the 9th Circuit is Gonzalez v. State of Arizona, 08-17094.

[Nitro Express]

We have to bring identification and prove who we are here before we vote. I have no problem with it. It's just another security measure to try and keep voter fraud down.

[FORD]

Depends on what is meant by "voter identification".

I have a voter ID card, which was issued by the county auditor's office after voter registration, and I get a new one whenever I change my address. Since all the elections are done by mail here now, it's really an irrelevant question here, but it's reasonable to require this sort of ID to vote, or to attend a party caucus. Believe me, I was skeptical of many of the folks at my local Democratic caucus in 2004, and even though the person at the registration table was somebody I worked with, so she didn't need to check my ID, I can't say I saw her checking anyone else's either. And a lot of those Judas IsKerryot supporters didn't look like locals, if you know what I mean.....

But as far as requiring a drivers license or anything like that, I'd say it's overkill, and it's a deliberate attempt at removing the poor and the elderly - or in some places urban voters (who sometimes aren't white) - from the voter rolls, because they don't drive, and therefore have no need of a driver's license. Many states issue non-driver ID's, but they cost the same as a license, and those folks previously mentioned are also often the ones not doing so well financially, so they might not want to waste money (and stand in line for hours at the DMV) just to get an ID card they would only use once a year. And should not be required to do so.

[Warham]

I would ask them to bring a Social Security card or birth certificate if they have no drivers license or ID card.

[jhale667]

I would ask them to bring a Social Security card or birth certificate if they have no drivers license or ID card.

Sounds reasonable, but from stories of voters getting turned away thus far, they're not accepting alternate forms of ID.

[BITEYOASS]

The state better pony up the cash for issuing state IDs to people who can't afford it or lower the yearly fees.

[Nickdfresh]

Fantastic! They've solved another "problem" that doesn't really exist. Maybe after the politicians there are done whoring themselves to the highest bidder for their reelection slush-funds, they can get around to solving actual problems?

[BigBadBrian]

The state better pony up the cash for issuing state IDs to people who can't afford it or lower the yearly fees.

Yeah, we wouldn't want the poor people to dip into their booze funds for $10, would we?

[Angel]

Yeah, we wouldn't want the poor people to dip into their booze funds for $10, would we?

Yes, because we all know that all poor people are alcoholic bums.

Nice to see you're as much an idiot as ever, BBB.

[Seshmeister]

I have a voter ID card, which was issued by the county auditor's office after voter registration, and I get a new one whenever I change my address. Since all the elections are done by mail here now, it's really an irrelevant question here, but it's reasonable to require this sort of ID to vote, or to attend a party caucus.

I'm not so sure about that model, here it seems to be that the more you have postal voting then the more voter fraud you get. Someone might be happy to put an 'X' on the 10 voter forms that came to his apartment building but less keen to go along and try and vote 10 times in person.

It's the same as electronic voting, we should be able to vote over the internet but there is something very reassuring about having boxes of paper that can be seen and checked manually.

Sometimes technology isn't the answer.

[FORD]

I'm not so sure about that model, here it seems to be that the more you have postal voting then the more voter fraud you get. Someone might be happy to put an 'X' on the 10 voter forms that came to his apartment building but less keen to go along and try and vote 10 times in person.

It's the same as electronic voting, we should be able to vote over the internet but there is something very reassuring about having boxes of paper that can be seen and checked manually.

Sometimes technology isn't the answer.

Yeah, I wasn't endorsing the system, just saying it's what the current reality is here in Washington state. Oregon too (they had it before we did. Funny how this state will follow their lead there, but not on something far more sensible like taxing the rich)

For the record, my ballot comes to me in the mail, but it never leaves that way. I'll either drop it off directly at the courthouses, or any number of drop boxes all over town, depending on whatever part of town I happen to be going to for other reasons. These drop boxes are locked and bolted to the ground, so they're reasonably secure.

And as far as voting other peoples ballots, you do have to put a signature on the envelope that the ballot is returned in, and one year I signed mine while I had a broken finger, so the signature was a little off, and damned if I didn't get a letter from the County Auditor asking me to verify I was me. So it's not a perfect system, but they are checking. At least in Thurston County.

[Nitro Express]

I actually think technology is ruining the financial system. Computers make it too easy to create funny money and too easy to create all sorts of fraud with it. You have have whole financial systems full of trillions of dollars hidden inside computers with hardly any paper being transferred. You can do flash trading and speculate like never before.

If you think about it, the financial world is so far away from reality because it became virtual reality.

The biggest problem with the world financial system right now is it no longer reflects reality at all. In fact the real carbon based world is falling apart while a virtual electronic based reality thrives with very few people tapping into it and becoming richer than ever. They don't get arrested or stopped because they allow the politicians to inside trade on their system.

It's a mess.

[hambon4lif]

Yeah, we wouldn't want the poor people to dip into their booze funds for $10, would we?Given the intelligence of your posts, it might be a good idea to tell people that you do drink....heavily.
That way, people wouldn't think that you're naturally this moronic....

[BigBadBrian]

Given the intelligence of your posts, it might be a good idea to tell people that you do drink....heavily.
That way, people wouldn't think that you're naturally this moronic....

As usual, you'e on the wrong side of the equation.

I'm sorry if i said it in such a blunt of a way, but does anyone really have an excuse not to have some form of ID in order to vote? Hell no they don't.

Where I live, the following forms are acceptable:

A current and valid photo ID (for example a driver’s license);
or a current utility bill, bank statement, government check or paycheck that shows name and address;
or another government document that shows name and address (for example a voter card).

A state ID card is $10 in case one doesn't have a driver's license. If you don't have a DL, I guarantee you're going to need that state ID for other things besides voting.

Is that worded a little nicer for you, Shortbus?

[Va Beach VH Fan]

A state ID card is $10 in case one doesn't have a driver's license. If you don't have a DL, I guarantee you're going to need that state ID for other things besides voting.

I doubt that every state has that option, though...

And I haven't seen what other forms of ID are acceptable in Arizona.....

[BigBadBrian]

I doubt that every state has that option, though...

And I haven't seen what other forms of ID are acceptable in Arizona.....

A state ID is $12 in Arizona. The following forms of ID are accepted in AZ:


LINK TO AZ WEBSITE (http://www.azsos.gov/election/prop_200/poll_identification.htm)
ID at the polls is required for all Arizona elections.

Every qualified elector is required to show proof of identity at the polling place before receiving a ballot. The elector shall announce his/her name and place of residence or present the elector’s name and residence in writing to the election official. The elector shall present acceptable identification that:
Bears the name, address, and photograph of the elector (See List 1), or
Two different forms of identification that bear the name and address of the elector (See List 2), or
One form of acceptable photo identification with one form of non-photo identification that bears the name and address of the elector (See List 3)

List 1 - Acceptable forms of identification with photograph, name, and address of the elector
Valid Arizona driver license
Valid Arizona non-operating identification license
Tribal enrollment card or other form of tribal identification
Valid United States federal, state, or local government issued identification
An identification is "valid" unless it can be determined on its face that it has expired.

List 2 - Acceptable forms of identification without a photograph that bear the name and address of the elector (two required)
Utility bill of the elector that is dated within 90 days of the date of the election. A utility bill may be for electric, gas, water, solid waste, sewer, telephone, cellular phone, or cable television
Bank or credit union statement that is dated within 90 days of the date of the election
Valid Arizona Vehicle Registration
Indian census card
Property tax statement of the elector's residence
Tribal enrollment card or other form of tribal identification
Arizona vehicle insurance card
Recorder's Certificate
Valid United States federal, state, or local government issued identification, including a voter registration card issued by the County Recorder
Any mailing to the elector marked “Official Election Material”
An identification is "valid" unless it can be determined on its face that it has expired.

List 3 - Acceptable forms of identification, one identification with name and photo of the elector accompanied by one non-photo identification with name and address
Any valid photo identification from List 1 in which the address does not reasonably match the precinct register accompanied by a non-photo identification from List 2 in which the address does reasonably match the precinct register
U.S. Passport without address and one valid item from List 2
U.S. Military identification without address and one valid item from List 2
An identification is "valid" unless it can be determined on its face that it has expired.

[TongueNGroove]

If you can't afford an ID, you can't afford to get to the Voting station in the first place. And if you are voting by Mail, then you just saved enough on transportation to get an ID.

There is ZERO excuse for not having an ID that conforms with Arizona's Law. In fact, Arizona is Helping pay for the ID's.

All of America should be like Arizona.

[Angel]

This boggles my mind, I admit. I had no idea ID wasn't required down there when voting.

[BigBadBrian]

This boggles my mind, I admit. I had no idea ID wasn't required down there when voting.

Only in some places. I've always had to show an ID. Some claim making some voters of some ethnic backgrounds show an ID suppresses the vote since they may not have ID, which is ridiculous.

[Nickdfresh]

In the deep, rural south, there are many places where people cannot afford ID's as in elderly that cannot drive and have no need for a license. And study after study has concluded that there is marginal if any real meaningful voter fraud anyways. So, they're again fixing a problem that doesn't really exist...

[Angel]

In the deep, rural south, there are many places where people cannot afford ID's as in elderly that cannot drive and have no need for a license. And study after study has concluded that there is marginal if any real meaningful voter fraud anyways. So, they're again fixing a problem that doesn't really exist...

How the fuck does anyone know? How the hell do they know the person is who they SAY they are??
We have provisions here for people without ID. They have to show a utility bill to prove they actually live in the riding they're voting in, PLUS, they must have two registered voters (with ID) vouch for them.

Provincial ID's are $10, and I believe there are programs in place for those who are on any form of income assistance.

[FORD]

In the deep, rural south, there are many places where people cannot afford ID's as in elderly that cannot drive and have no need for a license. And study after study has concluded that there is marginal if any real meaningful voter fraud anyways. So, they're again fixing a problem that doesn't really exist...

Well, actually they discovered an verified case of voter fraud recently, from the 2010 election..........


http://www.youtube.com/watch?v=f3-aOyxA3KE

[WACF]

How the fuck does anyone know? How the hell do they know the person is who they SAY they are??
We have provisions here for people without ID. They have to show a utility bill to prove they actually live in the riding they're voting in, PLUS, they must have two registered voters (with ID) vouch for them.

Provincial ID's are $10, and I believe there are programs in place for those who are on any form of income assistance.

We are just used to doing this in Canada...like you I am surprised this is even an issue.

The closest we come to issues is on some Northern Reserves but the chief can vouch for residents on the reserve.

[gbranton]

In the deep, rural south, there are many places where people cannot afford ID's......

I want to hear some more of your vast knowledge about the south and how things are down here from the guy living in Buffalo.

No offense man, but you have posted this type of shit that comes straight from the MSM playbook more than once, but I don't think you have any personal experience about the south. My parents grew up picking cotton in the fields of south Alabama. Tell us how shit is in Buffalo and I'll let you know how it compares to the deep south.

[FORD]

http://www.youtube.com/watch?v=aFaAIgc69fU

[BigBadBrian]

I want to hear some more of your vast knowledge about the south and how things are down here from the guy living in Buffalo.

No offense man, but you have posted this type of shit that comes straight from the MSM playbook more than once, but I don't think you have any personal experience about the south. My parents grew up picking cotton in the fields of south Alabama. Tell us how shit is in Buffalo and I'll let you know how it compares to the deep south.

Nick = OWNED :biggrin:

[Nickdfresh]

I want to hear some more of your vast knowledge about the south and how things are down here from the guy living in Buffalo.

I lived in Virginia for several years....


No offense man, but you have posted this type of shit that comes straight from the MSM playbook more than once, but I don't think you have any personal experience about the south. My parents grew up picking cotton in the fields of south Alabama. Tell us how shit is in Buffalo and I'll let you know how it compares to the deep south.

MSM? And I'm referring to several threads we've had on "voter fraud" here in the past. It's a non-issue, something supported by numerous studies...