Horne to Bennett:
Those Registering Only With The Federal Form Should Not Be Permitted
To Vote In State Elections
Phoenix, AZ (Monday, October 7, 2013) --
Attorney General Tom Horne has sent an opinion to the Secretary of
State Ken Bennett, responding to questions received from Bennett. The
Opinion concludes that those registering only under the federal form who
do not provide evidence of citizenship should not be permitted to vote
in state elections, or to sign state petitions.
Arizona law requires those registering to vote on a state form to
provide evidence of citizenship. An alternative federal form,
established under the National Voter Registration Act, requires only the
signature of the voter, without additional evidence, to establish that
the voter is a citizen. The Ninth Circuit ruled that Arizona would be
precluded from asking for evidence of citizenship from those choosing to
register on the federal form.
Arizona appealed that decision to the United States Supreme Court and
Attorney General Horne personally argued the case before the Supreme
Court. The Supreme Court agreed that the federal form requires only a
sworn statement to establish citizenship, but it further noted that
determining qualifications for voters in federal elections is a state,
not a federal function. The Court stated that “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 qualifications.”
The Supreme Court stated that Arizona could apply to the Elections
Assistance Commission (EAC) for a state-specific requirement that
potential registrants, using the federal as well as the state form,
furnish evidence of citizenship. If the EAC did not grant the state’s
specific requirements, Arizona could pursue the constitutional issues in
court. Arizona, as instructed by the U.S. Supreme Court, is now pursuing
those constitutional issues in court. The Attorney General expects
ultimately to win that case.
In the meantime, while the case is pending in Court, Arizona can require
evidence of citizenship on the state form, but not for those who choose
to use the alternate federal form. While that is true, the Opinion just
issued indicates to Secretary Bennett that there should be two separate
voter rolls: one for those using the state form, and another for those
using the federal form who have not provided evidence of citizenship.
Those who have used the federal form and have not provided evidence of
citizenship should not be permitted to vote in state elections, or to
sign petitions, they may only vote in federal elections.
A copy of the Opinion is attached.
Files: Opinion
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