Coronado v. Napolitano
Court Cases

– 02/05/09

The Brennan Center filed an amicus brief with the Ninth Circuit of the United States Court of Appeals on February 4, 2009 in Coronado v. Napolitano, a case that challenges portions of Arizona law disenfranchising persons with criminal convictions.

In Coronado v. Napolitano, the plaintiffs, represented by the ACLU, challenge the Arizona statutory provision which denies voting rights to individuals with felony convictions until those individuals have paid any court-ordered fees, fines, or restitution.  Plaintiffs also contest the extension of disenfranchising crimes to those crimes that were not felonies at common law.  Specifically, plaintiffs allege violations of the 14th and 24th Amendments to the U.S. Constitution, and various provisions of the Arizona Constitution.  The Brennan Center brief argues that the challenged law functions as an impermissible poll tax in violation of the 24th Amendment, relying on the Amendment's legislative history, contemporaneous case law interpreting the Amendment, and modern case law and policy arguments.

Plaintiffs' amended complaint was dismissed by the district court on November 6, 2008. The plaintiffs have now appealed the decision to the Ninth Circuit.  The Brennan Center partnered with Gibbons Del Deo in the drafting of its amicus brief.   

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Tags: Democracy, Voting After Criminal Conviction, Voting Rights & Elections