Supreme Court Strikes Down Proof-of-Citizenship Provision in Proposition 200 | Valley Fever | Phoenix | Phoenix New Times | The Leading Independent News Source in Phoenix, Arizona
Navigation

Supreme Court Strikes Down Proof-of-Citizenship Provision in Proposition 200

An Arizona law requiring people provide proof of citizenship when registering to vote in federal elections is unconstitutional, says the U.S. Supreme Court.Even after being recalled from office, ex-state Senate President Russell Pearce is still losing, as Pearce takes credit for authoring Proposition 200, which was passed by voters in...
Share this:

An Arizona law requiring people provide proof of citizenship when registering to vote in federal elections is unconstitutional, says the U.S. Supreme Court.

Even after being recalled from office, ex-state Senate President Russell Pearce is still losing, as Pearce takes credit for authoring Proposition 200, which was passed by voters in 2004.

See also:
Russell Pearce's Latest Loss: 9th Circuit Swats Down Racist Provision of Prop. 200

In a 7-2 ruling, the Supreme Court ruled that the law was preempted by federal law, which is the result of a long-fought court battle who alleged the law is discriminatory against several minority groups, including Latinos and Native Americans.

The National Voter Registration Act of 1993 requires states to "accept and use" a federal form to register voters for federal elections. That form requires that registrants attest, under penalty of perjury, that they're citizens.

Under Prop 200, elections officials had to toss out any registration form that didn't come with proof of citizenship, beyond just the signature attesting that the person's a citizen.

That does not qualify as "accept[ing] and us[ing]" the federal form, according to the Supreme Court.

Read the ruling, authored by Justice Scalia, below:

Arizona v. Inter Tribal Council of Arizona. by mhendleyNT



Send feedback and tips to the author.
Follow Matthew Hendley on Twitter at @MatthewHendley.


KEEP NEW TIMES FREE... Since we started New Times, it has been defined as the free, independent voice of Phoenix, and we'd like to keep it that way. Your membership allows us to continue offering readers access to our incisive coverage of local news, food, and culture with no paywalls. You can support us by joining as a member for as little as $1.