AG Tom Horne: US Supreme Court Decision Shows Ultimate Path For
Arizona Victory
Phoenix, AZ (Monday, June 17, 2013) – Today’s U.S. Supreme Court
ruling on Arizona’s voter registration citizenship proof requirement is
not the end of the process, and the Court set forth a clear pathway to
victory for that requirement, Attorney General Tom Horne said today.
“The U.S. Supreme Court has given us a clear path to victory for the
people of Arizona, who overwhelmingly approved the state constitutional
amendment that was the subject of the legal challenge,” Horne said.
"Since the U.S. Supreme Court has made it clear that this pathway
exists, Arizona should use it. The sanctity of the ballot box is a
cherished right for all Americans and it must be protected.”
In the case of Arizona v Intertribal Council, Arizona sought a reversal
of a Ninth Circuit ruling that Arizona was prohibited from asking people
registering to vote for evidence of citizenship. Although the Supreme
Court declined to reverse the Ninth Circuit at this time, at page 15 of
the Opinion, the Supreme Court laid out a path for eventual victory by
the state.
At page 15, the Courts stated:
"Since the power to establish voting requirements is of little value
without the power to enforce those requirements, Arizona is correct that
it would raise serious constitutional doubts if a federal statute
precluded a State from obtaining the information necessary to enforce
its voter qualification”.
In this case, Arizona has a constitutional right to obtain the
information (evidence of citizenship) necessary to enforce its voter
qualifications (that only citizens can vote).
To obtain this constitutional relief, the Court stated that Arizona
would have to go to the Federal Elections Assistance Commission, and if
it does not obtain relief there, go back to Court.
Arizona did seek this relief in 2005, which was denied, and, under a
previous Attorney General, Arizona did not appeal. The Court made clear
that Arizona could return to the EAC and then, if it failed to get
relief, return to Court.
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