Ninth Circuit Rules that Arizona Must Accept Federal Voter Registration Forms Without Any Extra State Questions

On April 17, an en banc panel of the 9th circuit ruled that federal postcard voter registration forms, authorized in 1993 by Congress, must be accepted as valid by Arizona. Arizona did not dispute that the federal voter registration postcard forms are valid, but insisted that it would not accept the forms without answers to extra questions mandated by the state.

Specifically, the state wanted the federal voter registration forms to include proof that the voter is a citizen. Arizona insisted that the federal forms include the voter’s Arizona state drivers license number or other state-approved ID. Arizona said that if the voter didn’t have such documents, he or she must attach proof of citizenship, such as a birth certificate, naturalization certificate, or a copy of a U.S. passport. But the Ninth Circuit said that when Congress passed the “Motor Voter” Act in 1993, which authorized the federal voter registration form, it did not intend for states to have the authority to add to the required information. The decision points out that Congress wanted to simplify voter registration, and attaching bulky documents to the postcard form mean that the postcard and its attachments must be enclosed in an envelope.

The decision hinges on the “Elections Clause”, the part of the original U.S. Constitution contained in Article One that says the federal government may, at any time, overrule state election laws on congressional elections. The decision is Gonzalez v State of Arizona, and has been pending in one federal court or another since 2005. The decision also declined to invalidate Arizona’s law that requires voters at the polls to show photo government-ID, but said that conceivably, with more evidence, that law might perhaps someday be held invalid. Thanks to Rick Hasen for the link.


Comments

Ninth Circuit Rules that Arizona Must Accept Federal Voter Registration Forms Without Any Extra State Questions — No Comments

  1. Pingback: JTGSocial.Com Blog - Appeals court OKs Ariz. voter ID, voids proof of citizenship – USA TODAY

  2. Art. I, Sec. 2, para. 1 part

    *** the Electors in each State [of U.S.A. Reps.] shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
    —-
    17th Amdt, para. 1 part
    The electors in each State [of U.S.A. Senators] shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
    —-
    Gee – how many sovereign States permit FOREIGN aliens to be qualified to vote for their State legislatures ???

    Gee – one more case for SCOTUS – due to the EVIL stupidity of the EVIL 9th Circuit gang of EVIL leftwing robot party hack MORONS ??? Duh.

    Gee – did the Roman Empire collapse and fall due to foreign invaders in 180 A.D. to 476 A.D. ???

    Closer and closer to Civil WAR II in the U.S.A. ???

    Which top moron has the biggest mouth to really set things off — O or R ???

  3. Pingback: UPDATE 1-Court says Arizona can demand voter identification – Chicago Tribune | Amazing News

  4. Great news, since the USA Parliament’s voter registration drives include the standard federal voter registration form xeroxed on the back of all paper ballots being distributed, starting on 4/20/2012 and ending on 8/5/2012.

    http://usparliament.org/votehere.php

    For more info., please call James Ogle [Free Parliamentary]
    (415) 686-1996

  5. I don’t see any problem with what the state does in setting voter registration requirements so long as they are the same for all citizens of the state wherein they reside and do conform with the following U.S. Code @ (a) & (b):

    42 USC * 1971 – Voting rights
    *(a) Race, color, or previous condition not to affect right to vote; uniform standards *for voting qualifications; errors or omissions from papers; literacy tests; agreements *between Attorney General and State or local authorities; definitions
    **(1) All citizens of the United States who are otherwise qualified by law to **vote at any election by the people in any State, Territory, district, county, city, **parish, township, school district, municipality, or other territorial subdivision, **shall be entitled and allowed to vote at all such elections, without distinction **of race, color, or previous condition of servitude; any constitution, law, custom, **usage, or regulation of any State or Territory, or by or under its authority, to the **contrary notwithstanding.

    **(2) No person acting under color of law shall*
    ***(A) in determining whether any individual is qualified under State ***law or laws to vote in any election, apply any standard, practice, or ***procedure different from the standards, practices, or procedures ****applied under such law or laws to other individuals within the same ***county, parish, or similar political subdivision who have been found by ***State officials to be qualified to vote;

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