Posted on 11/11/2017 6:22:44 AM PST by SandRat
PHOENIX — A new lawsuit charges that thousands of Arizonans are illegally being denied the right to vote in federal elections.
Legal papers filed Tuesday in federal court here acknowledge that state law requires would-be voters to produce certain identification when registering. That requirement has been upheld in prior court rulings.
But attorneys for the League of United Latin American Citizens and the Arizona Students Association point out that the U.S. Supreme Court has said that state law does not — and cannot — prevent people from registering to vote for federal elections using a federally approved registration form. And they contend that those whose state registrations are rejected for lack of citizenship proof are not informed of that option.
"At least 26,000 voters in Maricopa County alone have been disenfranchised by these policies,'' the lawsuit states.
But the problem is not limited there.
The lawyers say they've sampled more than 2,000 state registration forms which were rejected because applicants had failed to provide the required proof of citizenship. Of that group, fewer than 15 percent successfully registered after receiving notice of the rejection.
"Therefore, many eligible voters across Arizona have been disenfranchised by these unnecessary bureaucratic policies,'' the lawsuit states.
The lawyers want U.S. District Court Judge David Campbell to order counties to register people for federal elections if their state registration forms are otherwise valid, regardless of whether they have provided the citizenship proof.
They also want Campbell to tell counties that before they can reject a state registration form they must try to match the information with data from the Motor Vehicle Division. With only certain exceptions, an Arizona driver's license issued after Oct. 1, 1996 is proof of citizenship.
Matt Roberts, press aide to Secretary of State Michele Reagan, said her office will have no comment until it reviews the complaint.
There also was no comment from Maricopa County Recorder Adrian Fontes. The recorders from the state's other 14 counties were not named as defendants in the complaint even though the attorneys who filed the lawsuit said they found similar problems in most of them.
The legal fight has its roots in Proposition 200, a 2004 ballot measure which was part of a broader effort aimed at those not in the country legally.
It requires both proof of citizenship to register and identification when casting a ballot. Proponents said it would ensure that election results are not affected by those voting illegally.
Legal efforts to kill the ID provision failed. And Arizona has been allowed all along to require documented proof of citizenship for those who use state-designed forms to register.
Other than a license, other acceptable proof includes copies of birth certificates, passports, naturalization documents and tribal identification.
But Congress, in approving the National Voting Registration Act, directed the federal Election Assistance Commission to design a single national voter-registration form to simplify the process. More to the point, that form requires no proof of citizenship but only that those signing up swear, under penalty of perjury, that they are eligible to vote.
In 2013, the U.S. Supreme Court rejected an attempt by Arizona and Kansas, which had a similar law, to enforce the proof-of-citizenship requirement on those using the form. But the justices said states are free to ask the commission to change the form.
That request was rejected. And the Supreme Court two years ago rejected a new appeal filed by Arizona, forever putting to rest the question of the scope of the 2004 law.
Attorney Spencer Scharff said that, technically speaking, the state is complying: If a would-be voter submits the federal form, he or she is registered for federal elections. The problem, he said, is that someone who lacks the required ID pretty much has to know about that option.
It starts with the fact that what's generally made available is only that state form, the one that requires citizenship proof.
"The state form does not inform the voters of this critical distinction, nor do nearly all county recorders' offices,'' the lawsuit states. And Scharff said that is "in clear violation'' of federal court orders.
He pointed out that the federal judge in the earlier case required the secretary of state and all recorders and election directors to "ensure that all written materials regarding the process for registering to vote'' must inform people that they may apply using the federal form and that it does not require the proof of citizenship.
"This notification is absent from nearly all written materials distribution by election officials regarding voter registration,'' the lawsuit states. In fact, the state forms tells voters that the proof of citizenship "is an unqualified requirement for voter registration.''
"Therefore, when the state form is distributed to voters at local agencies, registration drives, libraries, and other locations, voters are not aware of the federal form option,'' the lawyers said. And Scharff said only Apache and Yavapai counties provide such information on their websites.
"Indeed, most recorders' websites have instructions regarding the documented proof of citizenship requirement that inform voters that they 'must also include proof of citizenship or the form will not be processed' while failing to explain that this is not the case with respect to federal forms for federal elections,'' the lawsuit states.
And Scharff said the forms prepared by Reagan's office for recorders to send to voters whose registration forms lack the proof of citizenship does not inform them of the federal form option.
The attorneys are telling Campbell that the ability to register, at least for federal elections, goes beyond those who may not possess proof of citizenship. They point out that some people sign up to vote at registration drives, including at local libraries or agencies, but may not be carrying a birth certificate or other citizenship proof.
Illegals have the right to vote?
How do you prove they are eligible voters without producing proof of citizenship?
“I am who I am.” “Give me a ballot.”
BS.
There are no “federal elections” - the constitution is clear here - all votes are for state representation, either in the form of actual representatives or for “electors” which will vote as decided in the electoral college.
Further, the constitution gives the STATES the power to determine eligibility requirements with the exception of age and... BEING A CITIZEN.
“At least 26,000 voters in Maricopa County alone have been disenfranchised by these policies,’’ the lawsuit states.”
What are their names and addresses?
Why does the League of United Latin American Citizens and the Arizona Students Association leadership want illegal aliens to vote?
Why?
Perhaps they want to subvert the proper outcome of the election. Wouldn’t that be a crime?
Why aren’t they under criminal investigation?
Why?
I need an ID to buy Sudafed, spray paint, and to get on an airplane.
People without IDs in the USA are either illegally here or they “lost” it because of their outstanding warrants.
“At least 26,000 voters in Maricopa County alone have been disenfranchised by these policies,’’ the lawsuit states.”
The proof of citizenship is nothing more than a birth certificate. The state or federal people have a copy of it unless it does not exist due to it never being created as there was no birth within the confines of the US.
A person is capable of getting a birth certificate overnight if it exists:
Although the process varies state to state, these general steps can help you get started. Replace your birth certificate. Find the vital records office in the state where you were born. Check to find out if you can obtain a certified copy of yourbirth certificate without any identification and follow the instructions.
So this isn’t a matter of being disenfranchised, it is a matter of the person either not doing the work or is here illegally or is not allowed to vote.
rwood
That's the whole issue, isn't it? People who are not citizens actually do NOT have a right to vote. And if they are citizens, they should have no trouble producing proof.
Legal papers filed Tuesday in federal court here acknowledge that state law requires would-be voters to produce certain identification when registering. That requirement has been upheld in prior court rulings.
But attorneys for the League of United Latin American Citizens and the Arizona Students Association point out that the U.S. Supreme Court has said that state law does not — and cannot — prevent people from registering to vote for federal elections using a federally approved registration form. And they contend that those whose state registrations are rejected for lack of citizenship proof are not informed of that option.
________________________________________________
OH NOOOOOOOEZ !!!
Illegal aliens cant even register to vote cause they aint gotz any ID that sez theyz American citizens !!!
How dare the government stop the dacacas from dreamin about breaking more laws !!!
nor do felons, but some how they still swarm the voting stations and the post office box with ballots. So do multiple voters.
The definition of eligible voter is anyone, living, dead, citizen, or illegal alien, likely to vote for a DemocRat.
The solution is for Congress to clarify the law. Either:
1) Each state can determine its own criteria subject only to the 14th Amendment Due Process of Law that explicitly applies only to Citizens.
2) Increase the central government control of elections by telling each state how to run its own business and further turning the states into nothing less than federal agencies and not sovereign states at all.
Who knew?!
If they get rejected for not having proper identification an ICE officer should go to their house to help them get proper ID if they are citizens and a nice ride to the border if they are not. Problem solved.
‘And the Arizona Students Association’
This is just students wanting to vote in their home state AND in Arizona. No easy way to check on that double-voting. The Left will pull out ALL the stops to gain the House and Senate in 2018. We had better be prepared!
“Therefore, many eligible voters across Arizona have been disenfranchised by these unnecessary bureaucratic policies,’’ the lawsuit states.
Interesting conclusion by the lawsuit editors.
My conclusion would be that 85% of them did not qualify for the paperwork to prove their citizenship and had falsely applied.
If we can have gender fluidity why not nationality fluidity?
How many legitimate citizens are denied their right to vote because some illegitimate voter cast a ballot that cancelled out the true citizen’s vote? The claim of denial of the right to vote cuts both ways.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.