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Capitol Media Services Arizona Daily Star
Tucson, Arizona | Published: 10.21.2006
Arizonans will need to bring identification to the polls next month if they want their votes to count, after all.
In an unsigned opinion Friday, the U.S. Supreme Court threw out an order by a federal appeals court blocking the state from enforcing the voter ID provisions of Proposition 200 while it is being challenged in court.
Instead, the justices sided with Attorney General Terry Goddard, who argued the state's interest in protecting its elections from fraud outweighs the possibility some people without the legally required identification might be disenfranchised by not having their ballots counted.
The justices questioned why the 9th U.S. Circuit Court of Appeals issued its original order in the first place, noting the appellate judges provided no reason for issuing the stay and overturning the original order of the trial judge who actually heard the evidence.
Friday's action is the last word — at least for this election.
Attorney Nina Perales of the Mexican American Legal Defense and Educational Fund, which challenged the law, said the only thing she can do now is have the lawsuit work its way through the court system. But there are no hearings scheduled before the Nov. 7 election.
The justices stressed in Friday's order their action does not mean they believe the provisions of Proposition 200 are legal. But they said their decision was necessary to "allow the election to proceed."
However, the order suggests the justices agree with Goddard's argument that allowing only those legally entitled to vote to cast ballots gives the state broad authority to impose certain restrictions.
"Confidence in the integrity of our electoral process is essential to the functioning of our participatory democracy," the justices wrote.
"Voter fraud drives honest citizens out of the democratic process and breeds distrust of our government," they continued. "Voters who fear their legitimate votes will be outweighed by fraudulent ones will feel disenfranchised."
But Perales said people without identification will be the ones disenfranchised this year.
"We know there are people who lack the necessary ID to vote," she said. "They're registered voters; they're qualified voters."
For example, she said, senior citizens and the disabled, who do not drive, don't have access to driver's licenses.
But Secretary of State Jan Brewer, who cheered Friday's ruling, said the justices took notice of the procedures set up by her office allowing many different kinds of identification to be used. She said there is no reason every registered voter in the state cannot get the necessary ID.
"The people of Arizona voted overwhelmingly that they wanted proof of citizenship when they register to vote and ID at the polls," she said.
Proposition 200, approved by Arizona voters in 2004, denies certain public benefits to those not here legally.
It also requires proof of U.S. citizenship to register to vote as well as identification to cast a ballot. Several groups have challenged the provisions as discriminatory and unconstitutional.
Judi White, chairwoman of the Pima County Republican Party, said those provisions were approved by voters with support of those in both parties.
"I don't think this is a partisan issue," she said.
White said the identification requirements are simple enough for voters to meet. Plus, she said, the requirements are supported by a majority of Arizonans. "The Supreme Court has upheld the will of the people," she said.
But Donna Branch-Gilby, chairwoman of the Pima County Democratic Party, agreed with Perales that the Supreme Court decision will put an unnecessary burden on voters.
"I'm disappointed because the effect is to suppress voter participation," she said.
Voters turned away for not having the proper identification won't necessarily follow up to ensure their vote gets counted, she said.
"I think that having some form of ID is OK," Branch-Gilby said. "But it needs to be done in a way that does not penalize people who are working full time or have full-time family responsibilities."
U.S. District Judge Roslyn Silver originally rejected the opponents' request to block enforcement of the requirements, saying challengers had not shown they eventually will succeed in having it declared unconstitutional.
Two appellate judges, without comment, agreed earlier this month to overturn her order, leading to the state's plea to the nation's high court.
One way around the ID requirements is to request an early ballot, which is mailed to the address where the voter is registered. No ID is required.
Perales acknowledged the option of early voting. But she said that could be a burden on people who always have voted on Election Day and who might not know how to request one.
County Elections Director Brad Nelson said the main issue for election officials, in the face of the changing court rulings, has been whether to train poll workers to check for ID and what kinds of ID would be required.
Poll-worker training started only last Thursday, Nelson said, and the poll workers were trained to check for ID because election officials knew the Supreme Court was looking at the appellate decision.
Because poll-worker training has only begun, Nelson said, the Supreme Court ruling shouldn't have a significant impact. Further training will include instructions on what sorts of ID voters must have, Nelson said.
● What kind of identification can be used at the polls.
● Information on voting by mail.
Coming Sunday
● Our 16-page voters guide provides everything you need to prepare for November's elections. Special section on Sunday
● Contact reporter Dale Quinn at 629-9412 or dquinn@azstarnet.com
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