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Litigation

 

Arizona v. The Inter Tribal Council of Arizona, Inc.

Case Information

Date Filed: May 9, 2006
State: Arizona
Issue: Voter ID
Courts that Heard this Case: U.S. District Court, District of Arizona (Case 2:06-cv-01268-ROS and 3:06-cv-1575-PHX-ROS); U.S. Court of Appeals for the 9th Circuit (Case 06-16702, 06-16706, 08-17094); U.S. Supreme Court (Case 12-71)

Issue:

Original Issue: Whether Arizona's voter identification requirements disparately impact minorities in the state and, as such, are unconstitutional.

Current Issue: Whether, under the Elections Clause of the Consitution, the Circuit Court properly applied a heightened preemption test in this case, allowing the NVRA to preempt Arizona's law.

Status:

Order Granting Rehearing En Banc entered 4/27/11.  Order of Preliminary Information Regarding Rehearing En Banc entered 4/28/11. En banc oral argument scheduled for 6/21/2011. Court of Appeals Opinion filed 4/19/12. Temporary U.S. Supreme Court stay 6/14/12. U.S Supreme Court Stay Vacated 6/28/12. Petition for certiorari filed 7/16/12. Petition for certiorari granted 10/15/12. State Petitioners' Brief filed 12/7/12. Oral argument held 3/18/13. Opinion issued 6/17/13. Final Judgment (District Court) filed 9/11/13.

Case Summary

In this case Plaintiffs, registered voters in Arizona and voters' rights groups, challenged Proposition 200, a law that imposed new restrictions on voter registration and voting. Among these restrictions was the requirement that registrants provide proof of citizenship; the six forms of identification valid to prove citizenship are: (1) a state issued driver's license; (2) a U.S. birth certificate; (3) a U.S. passport; (4) a U.S. naturalization document; (5) another immigration document that proves citizenship; or, (6) a Bureau of Indian Affairs card number. When voting at the polls, voters must provide identification with their name, address and photograph, or two forms of identification with their name and address. Voter mail registration applications, prescribed by the U.S. Elections Assistance Commission, are no longer provided.

Plaintiffs claimed that the State of Arizona did not obtain preclearance to stop using the prescribed voter mail registration applications. Plaintiffs also alleged that the voter identification requirements disparately impact Latinos as Latinos are less likely to possess the forms of identification required to register to vote and cast a ballot. Finally, Plaintiffs asserted that the enforcement of these new voter identification requirements diverts funds from programs that would encourage voter turnout. Accordingly, Plaintiffs sought a Preliminary Injunction preventing the enforcement of these voter identification requirements.

The district court denied Plaintiffs' Motion for Preliminary Injunction on September 11, 2006.

Case Analysis and Commentary from Election Law @ Moritz

United States Supreme Court Documents (Second Appeal)

Court of Appeals Documents (Second Appeal)

District Court Documents

Court of Appeals Documents (First Appeal)

United States Supreme Court Documents (First appeal)

Related Links

Commentary

Edward B. Foley

The Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

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In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

D.C. Circuit Upholds Campaign Finance Statute

In an opinion issued today, the United States Court of Appeals for the District of Columbia upheld a federal statute barring individuals who have government contracts from making political campaign contributions. The case is Wagner v. FEC.

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