Pueblo Politics: Court overturns Arizona's proof of citizenship requirement for voter registration

Judge Sandra S. Ikuta
The Ninth Circuit Court of Appeals has overturned Arizonas requirement that people show proof of citizenship to register to vote.
The split decision by a three-judge panel determined that the requirement to show proof of citizenship passed by voters in 2004 is not consistent with the National Voter Registration Act.
Associate Justice Sandra Day OConnor, temporarily sitting by designation, and Circuit Judge Sandra Ikuta, with chief judge Alex Kozinski dissenting, said Prop. 200 creates an additional hurdle, while the national act is intended to reduce state-imposed obstacles to registration.
The majority noted that Congress was well aware of the problem of voter fraud when it passed the voter act, and built in sufficient protections, including applying perjury penalties to applicants who lie about their eligibilty.
The court determined Arizonas polling place photo identification requirement, however, is a minimal burden and does not violate the Equal Protection Clause in the 14th Amendment.
Attorney General Terry Goddards office is still reviewing the decision and was unavailable for comment.
Secretary of State Ken Bennett said he does not anticipate that the ruling will make any difference in voting next week, since it wasnt in place when registration closed Oct. 4.
Bennett said the state plans to appeal the ruling, adding he disagrees the documentation sets up a barrier for registration. I think its an outrage and a slap in the face of Arizonans who are concerned about the integrity of elections, he said.