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U.S. panel says voters don't have to prove citizenship (Decision counter to state's Prop. 200)
Arizona Daily Star ^ | C.J. Karamargin

Posted on 03/11/2006 10:56:57 AM PST by SandRat

PHOENIX ¡ª State election officials are scrambling to interpret a ruling that Arizonans do not need to show proof of citizenship when they register to vote with a federal registration form.

Issued Monday by the U.S. Election Assistance Commission, the ruling amounts to a potential loophole in Proposition 200, the voter-approved initiative that made Arizona the first state in the nation to require proof of citizenship for voter registration.

The ruling says "Arizona may not refuse to register individuals to vote in a federal election for failing to provide supplemental proof of citizenship," as required under Prop. 200.

In a three-page letter to Secretary of State Jan Brewer, the commission's executive director wrote that imposing additional citizenship requirements on anyone using a federal registration form could result in a loss of voting rights.

"No state may condition acceptance of the federal form upon receipt of additional proof" of citizenship, wrote Thomas R. Wilkey.

Brewer ¡ª whose office asked the commission for its opinion in December ¡ª called the ruling "outlandish" and has asked for a review by Attorney General Terry Goddard.

"I certainly have concerns about this," she said. "I don't believe they're correct."

Prop. 200 was approved overwhelmingly by Arizona voters in November 2004 and survived numerous legal challenges before it passed muster with the U.S. Department of Justice in January 2005.

"It seems pretty clear," Brewer said. "It's the law in Arizona."

The proposition requires county election officials to reject any voter registration form that is not accompanied by "satisfactory evidence of United States citizenship," such as a birth certificate, passport, tribal ID card or an Arizona driver's license issued after Oct. 1, 1996, when proof of legal residency for licenses became necessary.

It also requires voters to show a photo ID or two other forms of identification, such as a utility bill or bank statement, to get a ballot.

The federal registration form, which was created and is regulated by the commission, requires only that a voter attest to being a citizen. They are available on the commission's Web site, www.eac.gov.

Because states must accept the federal form, Pima County Registrar of Voters Chris Roads said the divergent requirements could create "an interesting scenario" on Election Day: A voter who registers with a federal form could be allowed to cast a ballot in a federal race, such as president or Congress, but not in a state or local race.

"It could create another layer of eligibility," he said.

But, Roads added, very few voters register with a federal form. Between November 2002 and November 2004, the county processed 338,574 registration forms and only 3,579, or just about 1 percent, were federal. "It's not a big loophole," he said.

Whether it will become one, however, is unclear. Randy Pullen, chairman of the Yes on 200 Committee, said he is not too worried.

"I'm pretty confident that if the Department of Justice has cleared it, there is no issue," he said.

Andrea Esquer, spokeswoman for the Attorney General's Office, said late Friday that the matter is still under review but Prop. 200 will be enforced.

¡ñ Contact reporter C.J. Karamargin at 909-8482 or at ckaramargin@azstarnet.com.


TOPICS: Constitution/Conservatism; Crime/Corruption; Politics/Elections; US: Arizona
KEYWORDS: 200; aliens; citizenship; counter; decision; dont; have; immigration; panel; prop; prove; runs; states; us; voterfraud; voters

1 posted on 03/11/2006 10:57:04 AM PST by SandRat
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To: SandRat

Crazy.


2 posted on 03/11/2006 11:00:21 AM PST by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
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To: SandRat

Do they even have to prove they're alive?


3 posted on 03/11/2006 11:01:27 AM PST by auboy
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To: auboy
Do they even have to prove they're alive?

Not if you register great-grandma as a Democrat.

4 posted on 03/11/2006 11:02:44 AM PST by Polybius
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To: SandRat

Just what Arizona needs: illegal aliens voting.


5 posted on 03/11/2006 11:02:48 AM PST by NapkinUser
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To: SandRat

Bastards found a loophole. Damn them.


6 posted on 03/11/2006 11:03:57 AM PST by Mad_Tom_Rackham (A Liberal: One who demands half of your pie, because he didn't bake one.)
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To: auboy
Not in "Butch" NapaitRENO's feeble Democ mind.
7 posted on 03/11/2006 11:05:06 AM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
Because each state is required to individually certify its own vote totals according to its own eligibility requirements (subject to past Constitutional and Supreme Court rulings), I don't personally see that this Federal commission has any jurisdiction here. Of course that's me speaking as an average Joe.

So Arizone, do you wanna assert your rights as a state or not? It would be an interesting test case, IMHO. If I'm the state, though, I might start by arguing that even the Federal guideline cited above believes that citizenship is important (and, duh, the law). Therefore, the state is merely putting some teeth into the commision's own rule.

8 posted on 03/11/2006 11:06:30 AM PST by alancarp (NASCAR: Always turning left, but can never keep up with the Liber-commis.)
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To: SandRat

In other words, you don't have to be a citizen to vote in a federal election. How does our government benefit by having non citizens voting in federal elections?


9 posted on 03/11/2006 11:11:13 AM PST by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: SandRat

" requires only that a voter attest to being a citizen"

Arrest, try, convict, and imprison any illegal caught "attesting to being a citizen" of perjury and it will stop immediatly.


10 posted on 03/11/2006 11:12:05 AM PST by dalereed
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To: SandRat
And of course the members of this outstandinglandish panel were elected by huge majorities of the legal citizens of Arizona, right? /sarcasm
11 posted on 03/11/2006 11:12:28 AM PST by auboy
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To: mugs99

"How does our government benefit by having non citizens voting in federal elections?"

The gove3rnment doesn't but the democraps do and the taxpayers take it in the shorts again supporting the welfare state.


12 posted on 03/11/2006 11:14:23 AM PST by dalereed
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To: SandRat
U.S. Election Assistance Commission

Who the hell is this commission? What are their credentials?

13 posted on 03/11/2006 11:14:58 AM PST by BIGZ
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To: SandRat
What is the point of these propositions? seems like the states never follow them, CA and the gay stuff now this
14 posted on 03/11/2006 11:15:52 AM PST by Echo Talon
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To: auboy

Do they even have to prove they're alive?

Republicans do!

Democrats don't!


15 posted on 03/11/2006 11:23:39 AM PST by chainsaw ( ("We're going to take things away from you on behalf of the common good." - H. Clinton))
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To: SandRat

This kind of nonsense would stop if we could just get the Republicans back in power.

Oh wait...


16 posted on 03/11/2006 11:28:01 AM PST by mc6809e
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To: SandRat
We are on the road to perdition, or if you like another term better, NewWorldOrder, (a phrase I remember GHWB using some years ago). Our ability to remain the USofA and remaining sovereign is going straight to hell, and there is not one person among our "elected" officials who will or can put a stop to it.

I fear for my Republic due to marxist influence in our government. Open eyes/see.

FMCDH(BITS)

17 posted on 03/11/2006 11:30:13 AM PST by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: dalereed
the taxpayers take it in the shorts again supporting the welfare state.

Yeah, and government employee unions benefit by adding more government workers to hand out taxpayer money.
.
18 posted on 03/11/2006 11:32:45 AM PST by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: SandRat
I will not silently give away what my family fought for for 230 years..........

Anyone voting who is not a citizen needs to be taken no questions asked and stood up against a wall and shot!!!

19 posted on 03/11/2006 11:34:02 AM PST by CROSSHIGHWAYMAN (Toon Town, Iran...........where reality is the real fantasy.)
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Comment #20 Removed by Moderator

To: SandRat
But, Roads added, very few voters register with a federal form. Between November 2002 and November 2004, the county processed 338,574 registration forms and only 3,579, or just about 1 percent, were federal. "It's not a big loophole," he said.

Yet. This gubmint drone just opened the floodgates.

Where in the Hell does this piss-ant federal agency feels it has the right to unilaterally re-write the Constitution? Let's review absolutely everything that the Constitution says about elections:

Arizona is well within its rights to ensure that only citizens vote. Beyond mandating that electors for House and Senate elections have the same qualifications as those for the most-numerous branch of a state's legislature, each section of the Constitution (or more properly, Amendments to the Constitution) that deals with specifically limits Constitutional intrusion on a state's right and thus Constitutional protection to citizens of the United States.
21 posted on 03/11/2006 11:39:13 AM PST by steveegg (Sen. Ted "Swimmer" Kennedy's vehicles have killed more people than V.P. Dick Cheney's guns)
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To: mugs99
In other words, you don't have to be a citizen to vote in a federal election. How does our government benefit by having non citizens voting in federal elections?

It puts and keeps globalists and lieberals in power.

22 posted on 03/11/2006 11:41:58 AM PST by steveegg (Sen. Ted "Swimmer" Kennedy's vehicles have killed more people than V.P. Dick Cheney's guns)
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To: BenLurkin
Issued Monday by the U.S. Election Assistance Commission, the ruling amounts to a potential loophole in Proposition 200, the voter-approved initiative that made Arizona the first state in the nation to require proof of citizenship for voter registration. The ruling says "Arizona may not refuse to register individuals to vote in a federal election for failing to provide supplemental proof of citizenship," as required under Prop. 200.

Hint to Arizonans... you need a border fence on ALL you borders! You let Califonians in and, the end result, is "Californication" of your state (just ask the folks in the State of Washington!!).

23 posted on 03/11/2006 11:43:28 AM PST by ExSES (the "bottom-line")
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To: BIGZ
Who the hell is this commission? What are their credentials?

Here you go:

About the U.S. Election Assistance Commission

The U.S. Election Assistance Commission (EAC) was established by the Help America Vote Act of 2002 (HAVA). Central to its role, the Commission serves as a national clearinghouse and resource for information and review of procedures with respect to the administration of Federal elections. According to the text of HAVA, the law was enacted to,

… establish a program to provide funds to States to replace punch card voting systems, to establish the Election Assistance Commission to assist in the administration of Federal elections and to otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum election administration standards for States and units of local government with responsibility for the administration of Federal elections, and for other purposes. [snip]

The Help America Vote Act (HAVA) of 2002
On October 29, 2002, President Bush signed the "Help America Vote Act of 2002," (HAVA), Pub. L. No. 107-252, 116 Stat. 1666 (2002) into law.  The HAVA is codified at 42 U.S.C. 15301 to 15545.

The legislation aims to improve the administration of elections in the United States, primarily through three means:

[snip]

24 posted on 03/11/2006 11:44:29 AM PST by DumpsterDiver
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To: alancarp
I don't personally see that this Federal commission has any jurisdiction here.

It's a little confusing. Article I, Section 4 says the Congress can regulate the Times, Places and Manner of Congressional elections. I suppose one could argue that registration falls under the "Manner" part.

However, Section 2 of Article I says that the Electors [of Representatives] in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature which really sounds likes it's up to the states to decide this matter.

But then there is the later Equal Protection guarantee and how can there be equal access to the most fundamental right to vote if every state makes its own regulations?

But then again, the very next section of that amendment clearly envisions that states are expected to have their own criteria for voting for federal offices.

OK, it's not a little confusing, it's very confusing.

25 posted on 03/11/2006 12:17:50 PM PST by edsheppa
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To: edsheppa

Odd, in Missouri, I had to prove I am citizen to renew my driver's license. I had to provide a State embossed seal stamped birth certificate. Was I PO'd? Dang skippy. How about cha open up them thar computer records and look at all those taxes I have been paying - ALL MY ADULT LIFE!


26 posted on 03/11/2006 4:02:26 PM PST by Scorpius911 (Dissent is patriotic - remember the Revolutionary War?)
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To: SandRat

Who elected this rat panel? I'll bet this "wilke" guy is a pencil necked demorat appointed by napolitano.


27 posted on 03/11/2006 4:59:53 PM PST by Zrob (freedom without lies)
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