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Redfairen

(1,276 posts)
Mon Jun 17, 2013, 11:38 AM Jun 2013

Justices Reject Arizona Voting Law Requiring Proof of Citizenship

Source: NY Times

Arizona may not require documentary proof of citizenship from prospective voters, the Supreme Court ruled in a 7-to-2 decision on Monday.

Justice Antonin Scalia, writing for the majority in Arizona v. Inter Tribal Council of Arizona, No. 12-71, said a federal law requiring states to “accept and use” a federal form displaced an Arizona law.

The federal law, the National Voter Registration Act of 1993, allows voters to register using a federal form that asks, “Are you a citizen of the United States?” Prospective voters must check a box for yes or no, and they must sign the form, swearing under the penalty of perjury that they are citizens.

The state law, by contrast, required prospective voters to prove that they were citizens by providing copies of or information concerning various documents, including birth certificates, passports, naturalization papers or Arizona driver’s licenses, which are available only to people who are in the state lawfully.

Read more: http://www.nytimes.com/2013/06/18/us/justices-reject-arizona-voting-law-requiring-proof-of-citizenship.html

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Justices Reject Arizona Voting Law Requiring Proof of Citizenship (Original Post) Redfairen Jun 2013 OP
Can't blame "Scalito" on this one. Only Alito and Thomas ruled against. AllyCat Jun 2013 #1
Wow. Does Thomas have a new BFF? The Velveteen Ocelot Jun 2013 #2
As much shit as we give Scalia and Roberts, Alito and Thomas are the most dangerous. nt onehandle Jun 2013 #5
They are dangerous that's for sure but this one decision, while I agree totodeinhere Jun 2013 #6
This is interpretation of a Federal Statute, NOT constitutional law. happyslug Jun 2013 #8
Duh DallasNE Jun 2013 #3
K&R MotherPetrie Jun 2013 #4
This should have ramifications in the other states, right? femmocrat Jun 2013 #7
No, this reflects what is needed to voter registration NOT actually going to the polls happyslug Jun 2013 #11
Thanks for explaining that. femmocrat Jun 2013 #12
But it let stand most controversial part-- police checks ErikJ Jun 2013 #9
Wow obama2terms Jun 2013 #10

AllyCat

(16,187 posts)
1. Can't blame "Scalito" on this one. Only Alito and Thomas ruled against.
Mon Jun 17, 2013, 11:49 AM
Jun 2013

Scalia not siding with Alito is kind of strange.

The Velveteen Ocelot

(115,706 posts)
2. Wow. Does Thomas have a new BFF?
Mon Jun 17, 2013, 11:57 AM
Jun 2013

Can't imagine him not agreeing with Fat Tony - who actually did something right for a change.

totodeinhere

(13,058 posts)
6. They are dangerous that's for sure but this one decision, while I agree
Mon Jun 17, 2013, 12:49 PM
Jun 2013

with it doesn't absolve Scalia of all of the other damage he has done. I would still call him dangerous.

 

happyslug

(14,779 posts)
8. This is interpretation of a Federal Statute, NOT constitutional law.
Mon Jun 17, 2013, 01:41 PM
Jun 2013

Last edited Mon Jun 17, 2013, 04:48 PM - Edit history (1)

Thus the issue is what did Congress intent when Congress passed this law in 1993, and that is quite clear by the terms of the Statute.

In this case, Federal Law requires Federal Election Assistance Commission to develop a form to assist in Voting Registration. That form, while regulatory in nature, is required by Federal law and under that same Federal Law must be accepted by the States. That is enough for Scalia.

Please note, Scalia noted the Federal Statute permits Arizona to ask the Federal Election Commission to add the requirements Arizona requested and if it is denied again (It was denied by a 2-2 vote by the Commission previously, Arizona could file an appeal to Federal District Court and work its way up to the Supreme Court that way and the Court MAY rule Arizona's action are permitted by the Federal Statute and it was wrongful by the Commission to deny Arizona's request to add that to the Voter Registration Form. Given that is NOT the issue in this case, Arizona can NOT require what the Federal Election Commission has not approved on the Election Registration Form.

Here is the actual Opinion:

http://www.supremecourt.gov/opinions/12pdf/12-71_7l48.pdf

DallasNE

(7,403 posts)
3. Duh
Mon Jun 17, 2013, 12:31 PM
Jun 2013

If a State thinks it is having issues with voter fraud the place to crack down is in the registration process and not at the polling place so these laws have always been the wrong solution to a perceived problem.

Interesting too that Thomas in Bush v Gore saw an equal protection issue with different standards on clear intent by different counties but here saw no such issues with different standards for voting by different States. It is intellectually indefensible.

femmocrat

(28,394 posts)
7. This should have ramifications in the other states, right?
Mon Jun 17, 2013, 01:30 PM
Jun 2013

Pennsylvania is trying similar voter suppression and I have been fighting with the poll workers the past two elections about showing an ID.

I hope Corbutt's illegal attempt to disenfranchise democrats will finally be sidelined by this decision.

 

happyslug

(14,779 posts)
11. No, this reflects what is needed to voter registration NOT actually going to the polls
Mon Jun 17, 2013, 04:58 PM
Jun 2013

What the Court has said is Federal Law requirements set by Federal Law can NOT be outdone by State law. By Federal Law, if a state wants increased regulations as to registration, it can ask permission of the Federal Election Commission, but only the Commission can increase any regulations as to actual restriction.

As to voter ID when someone actually votes, that was NOT at issue in this case. The law in question only covers voter registration NOT actually voting. Arizona was the state that tried to expand the restrictions as to voter registration, Pennsylvania has only put restrictions as to actually voting and that is covered by another Supreme Court Case that approved of such restrictions.

femmocrat

(28,394 posts)
12. Thanks for explaining that.
Mon Jun 17, 2013, 05:44 PM
Jun 2013

So the PA law is still considered to be constitutional then. Even though it is still tied up in the state courts. Damn.

 

ErikJ

(6,335 posts)
9. But it let stand most controversial part-- police checks
Mon Jun 17, 2013, 02:06 PM
Jun 2013

"But it let stand the most controversial part — a requirement that police making traffic stops check the immigration status of anyone they suspect of being in the country illegally."

http://usnews.nbcnews.com/_news/2013/06/17/19003391-supreme-court-strikes-down-arizona-law-requiring-proof-of-citizenship-to-vote?lite

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