On October 20, the 9th circuit heard oral arguments in Gonzalez v State of Arizona, 08-17094, over Arizona’s law that does not permit foreign-born U.S. citizens to register to vote until they show their Naturalization Certificate to elections officials. The 3-judge panel included former U.S. Supreme Court Justice Sandra Day O’Connor. See this story. According to the story, O’Connor said a previous 9th circuit opinion, denying injunctive relief against the law, “was clearly wrong.” The earlier 9th circuit opinion, dated April 20, 2007, and found at 485 F.3d 1041, had been influenced by a U.S. Supreme Court order that also denied injunctive relief against that Arizona law.
This case is complicated because there is a federal law on voter registration, and it has never been clear to what extent states can add additional requirements.