Voting Newsletter: Appeals Court Rejects Arizona’s Proof of Citizenship Rule
- Latest Developments – Appeals Court Rejects Arizona's Proof of Citizenship Rule
- State Updates – No ID for Wisc. Recall
- New Data and Research – Got ID? Helping Americans Get Voter Identification
- Media Round-Up – Al Jazeera Probes Tenn. and Fla.
- Other News – Voter ID and State Budgets
Appeals Court Rejects Arizona’s Proof of Citizenship Rule
In a 9-2 en banc ruling, the Ninth Circuit overturned an Arizona law requiring voters to show proof of citizenship when registering, saying the measure conflicts with the National Voter Registration Act.
“That federal law allows voters to fill out a mail-in voter registration card and swear they are citizens under penalty of perjury, but it doesn't require them to show proof as Arizona's law does,” the Associated Press reports. At least 7 percent of voting-age Americans do not have such documentation readily available, according to the Brennan Center’s research.
Although the decision only applies to Arizona, similar laws in Alabama, Georgia, Kansas, and Tennessee could now be struck down. Arizona Attorney General Tom Horne, who defended the law, said he will appeal to the U.S. Supreme Court.
“This decision is a major victory for voting rights,” said Wendy Weiser, director of the Center’s Democracy Program. “It is another example of courts pushing back against new state restrictions on voting. Instead of restricting access to the polls, we must make our voting system work for all Americans.”
The court also upheld Arizona’s law requiring voters to show identification at the polls. Unlike the restrictive voter ID laws passed in recent months, however, the state’s law allows a non-photo ID to vote. Read the Brennan Center’s amicus brief in the case.
Justice Department Must Combat Voting Restrictions
The Brennan Center’s Wendy Weiser (third from left) testified at a House Judiciary hearing that the Justice Department is correct in its efforts to curb new restrictive voting laws. The Department has objected to new voting laws in Florida, South Carolina, and Texas.
“The Justice Department has appropriately exercised its obligation to assure that these states follow the Voting Rights Act. It has enforced the clear dictates of law — nothing more, nothing less,” Weiser testified.
Weiser also called upon Congress to upgrade the nation’s “ramshackle” voter registration system. “Common sense, nonpartisan reforms could add all eligible voters to the rolls while cutting costs, reducing errors, and curbing any chance for fraud. We should move past partisan ‘voting wars’ and bring our systems into the 21st Century,” she told the House panel.
See video and photos of the hearing.
Arizona – As detailed above, the 9th Circuit overturned an Arizona law requiring voters to show proof of citizenship when registering, while upholding a provision requiring a non-photo ID at the polls. Read more here. Professor Doug Chapin called it a “vivid reminder of the lasting power of Motor Voter.” The Yuma Sun lauded the law’s allowance for non-photo IDs to vote.
Colorado – For months, lawmakers have battled over an “inactive” voters list, which would prevent certain voters from receiving a ballot in all-mail elections. The Denver Post called for common sense in the debate, saying voters shouldn’t be removed simply by “failing to cast a vote in the last election.”
Connecticut – The West Hartford News applauded a proposed constitutional amendment that would allow greater flexibility for absentee ballots and early voting.
Florida – Former GOP Gov. Charlie Crist took to the pages of the Tampa Bay Times to criticize the state’s new law restricting voter registration efforts and early voting. “These new measures appear to be a step backward in protecting the right to vote for citizens of the Sunshine State,” Crist wrote. Several editorial boards have chimed in against the changes. And a woman who was convicted of a non-violent drug offense 25 years ago wrote an op-ed in the Orlando Sentinel urging Gov. Rick Scott to change the state’s policy of waiting five to seven years after probation is completed to restore voting rights for people with past criminal convictions.
Georgia – After a long legal battle, Georgia has settled the litigation by offering voter registration to all public assistance applicants.
Louisiana – The House voted to shorten poll hours on election day.
Michigan – The House continues to debate a bill requiring photo ID for absentee ballots. Voting rights groups have mobilized to oppose legislation that would change registration and voting procedures, including, “government-sanctioned training” for those seeking to register voters, photo ID when registering to vote and an affirmation of citizenship at the polls.
Minnesota – A “broad” coalition of labor, community, senior and student groups has formed to campaign against a November ballot referendum instituting voter ID. Read more here and here. Although he did not take a position on the measure, the president of the Association of Minnesota Counties, Randy Maluchnik, noted that the amendment “would require the state to spend millions to provide free IDs” and that provisional ballots would cost “local governments millions of dollars every election season.”
Mississippi – The Senate passed a bill to implement the state’s voter ID law, which passed by referendum last year. One report said the law is not expected by the November elections because it is still subject to review from the Justice Department.
Missouri – The state House approved a revised summary of a voter ID ballot measure, which a judge had struck down because it was “insufficient and unfair.”
Nebraska – One county plans to close nearly half its polling locations. U.S. Sen. Ben Nelson (D) asked the Justice Department investigate the move as a possible voter suppression tactic.
New Hampshire – Voter ID opponents showed up in force at a House Committee hearing on the proposed law.
Pennsylvania – The state’s primary is today, and counties have been preparing for the first test of Pennsylvania’s recently-enacted photo ID law. The Philadelphia Daily News encouraged voters to know what they need to vote, and The Patriot-News in Harrisburg called for a national initiative “to ensure that voters have photo ID.” Seeking to help more people vote, the state announced that expired driver’s licenses or state-issued ID cards can be used to qualify for a free photo ID cards. Meanwhile, a new study concluded that the vast majority of college IDs are invalid for voting.
South Carolina – The state’s voter ID requirement violates the Voting Rights Act, according to documents filed by the Justice Department. Read more here.
Texas– The Justice Department submitted court documents blasting the state’s voter ID law, saying Texas’ own data shows it “will disenfranchise at least 600,000 voters.” Read more here. A federal court denied Texas’ request for a blanket ban on depositions of legislators.
Virginia – GOP Gov. Bob McDonnell said he was disappointed the legislature rejected his amendments to the voter ID bill, which would have expanded the types of acceptable IDs and included a signature match provision. “We’re going to have to take a very hard look at that bill now when it comes back to determine what the next step is,” McDonnell said. Read more here. The Washington Post has applauded McDonnell’s changes. Former gubernatorial candidate state Sen. Creigh Deeds (D) believes the measure is discriminatory and unnecessary.“[W]hen there is absolutely no evidence of widespread voter fraud, there is no need for this legislation," Deeds wrote.
Washington – The Seattle Times called for online voting, saying it will benefit democracy.
Wisconsin – The state Supreme Court refused to take up two voter ID cases, which had been enjoined by judges in Dane County. Read the Brennan Center’s statement on the court’s decision. A challenge to the voter ID law won’t be decided in time for the June 5 recall election of Gov. Scott Walker (R). The judge hearing the matter has set June 18 as the deadline for final briefs. Read more here.
Got ID? Helping Americans Get Voter Identification
From the Lawyers’ Committee for Civil Rights Under Law, Common Cause, Demos, and the Fair Elections Legal Network, this report “provides an outline for how state and local organizations can stand up for democracy by helping voters secure the necessary ID.” The report “details the best strategies that community groups are using to help voters ensure they’ll be able to vote.” Read the full report.
The Potential Impact of Voter Identification Laws on Transgender Voters
A report from the Williams Institute at the UCLA School of Law says that “strict photo ID laws may create substantial barriers to voting and possible disenfranchisement for over 25,000 transgender people in nine states.” Read the full report.
- Tom Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division, the Brennan Center’s Myrna Pérez, and others spoke about protecting voting rights at a Rutgers School of Law symposium.
- Reuters detailed how “new curbs on voter registration could hurt Obama,” citing the Brennan Center’s research.
- Myrna Pérez wrote an op-ed for New America Media saying states shouldn’t tamper with the Voting Rights Act.
- The New York Times’ David Firestone praised the Wisconsin Supreme Court for deferring a decision about the state’s voter ID law and a federal district court ruling upholding the ban on campaign contributions by federal contractors.
- The American Legislative Exchange Council (ALEC) scrapped work on non-economic issues after progressive groups challenged its support for “Stand Your Ground” gun laws and voter ID requirements.
- NPR reported that several high-profile companies have left ALEC because of the controversy. MSNBC’s Hardball also covered the story.
- The Brennan Center’s Mimi Marziani spoke to TPM about how restrictive voting laws will affect the youth vote in 2012.
- Former Rep. Lee Hamilton wrote an op-ed saying voter ID laws “build confidence in the system” but they must be “accompanied by an aggressive effort to reach qualified voters.”
- Al Jazeera ran a 25-minute documentary, “Disenfranchised in America,” examining voter ID laws in Florida and Tennessee.
- Electiononline Weekly, a publication of the University of Minnesota’s Humphrey School of Public Affairs, has an overview of what states have budgeted for implementing voter ID laws. They range from “no fiscal impact” in Kansas and Nebraska, to “unknown greater than $7,027,921” in Missouri.
- The National Conference of State Legislatures released its monthly roundup of voting laws.
