This most recent ruling strikes down the Arizona law requiring proof of citizenship to vote. The majority vote of the court stated that the law didn't uphold the voter's rights act as passed by congress in the 1960's and that the lawmakers had a built in check and balance on voter fraud written into the law, as they provided a sanction of charges of perjury for anyone who lied concerning their status of citizenship when registering.
So......according to the 9th circuit ruling? They believe that an after the fact threat of prosecution is all that is required to prevent illegal immigrants from voting in our elections. And that anything done before the fact to insure the legality of a voter via requiring that they present valid identification and proof of citizenship is wrong.
Something is wrong alright.
Court overturns Arizona's proof of citizenship requirement for voter registration
The Ninth Circuit Court of Appeals has overturned Arizona’s requirement that people show proof of citizenship to register to vote.
The split decision by a three-judge panel determined that the requirement to show proof of citizenship — passed by voters in 2004 — is not consistent with the National Voter Registration Act.
Associate Justice Sandra Day O’Connor, temporarily sitting by designation, and Circuit Judge Sandra Ikuta, with chief judge Alex Kozinski dissenting, said Prop. 200 creates an additional hurdle, while the national act is intended to reduce “state-imposed obstacles” to registration.
The majority noted that Congress was well aware of the problem of voter fraud when it passed the voter act, and built in sufficient protections, including applying perjury penalties to applicants who lie about their eligibilty.
The court determined Arizona’s polling place photo identification requirement, however, is a minimal burden and does not violate the Equal Protection Clause in the 14th Amendment.
Attorney General Terry Goddard’s office is still reviewing the decision and was unavailable for comment.
Secretary of State Ken Bennett said he does not anticipate that the ruling will make any difference in voting next week, since it wasn’t in place when registration closed Oct. 4.
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