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Legal move could delay ballot results [MALDEF]
SIERRA VISTA Herald/Review - Capitol Media Services ^ | Howard Fischer Capitol Media Services

Posted on 11/07/2010 11:03:11 AM PST by SandRat

PHOENIX — An organization that convinced federal judges last month to toss out Arizona’s proof-of—citizenship requirement to register to vote now is seeking a court order that could further delay a final outcome from Tuesday’s election.

The Mexican American Legal Defense and Educational Fund late Friday asked the 9th Circuit Court of Appeals to order officials in the state’s 15 counties to count the votes of those who cast “provisional ballots” because they did not show up on the voter registration rolls. And the reason they didn’t show up on the rolls is because they didn’t get registered because they didn’t provide proof of U.S. citizenship as required by a 2004 voter-approved Arizona law.

On Oct. 26, though, the appellate court declared that requirement invalid. Based on that, MALDEF attorney Nina Perales said those who were wrongfully denied registration should have their votes counted.

“The right to vote is fundamental,” she said.

Perales said the request is justified.

In other circumstances, she said, courts can provide remedial relief to those who were injured by the acts of government, either by ordering they be allowed to do what was denied or providing them with financial compensation. That, she said, is not an option here.

“The voters who are in this position won’t be able to vote again in this election,” she said.

“This isn’t something that can be compensated later by money or by voting some other election,” she continued. “And the individuals who are in this position wanted to vote in this election. And they have a right to vote in this election.”

Perales said she does not know how many ballots might be affected.

An estimated 84,000 provisional ballots were cast statewide, but set aside for one reason or another.

Some were because people who were registered to vote did not bring the required identification to the polls. They have until 5 p.m. Tuesday to provide the documents.

But there is no count of how many of those provisional ballots are from people who were not on the registration rolls. Perales said she personally knows of only two, both of which are located in Pima County.

The MALDEF filing brought an angry reaction from Secretary of State Ken Bennett. He said the request, if granted, would create a “logistical nightmare” for counties.

TOPICS: Foreign Affairs; Government; Mexico; Politics/Elections; US: Arizona
KEYWORDS: aliens; citizenship; illegelaliens; maldef; votings
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To: SandRat

These people that destroy our elections system and fill it with fraud should all be rounded up and shipped out.

21 posted on 11/07/2010 12:35:00 PM PST by Revel
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To: SandRat

My state (Colorado)-—as well as MANY OTHERS “require” an ID at the polling stations, before a person can vote. Anyone who refuses to show an ID DOES NOT VOTE! This is the ONLY WAY elections can operate. To not show an ID, and not show-up in the poll book means YOU CANNOT VOTE, except by Provisional Ballot-—which will then be checked against the Secretary of State’s List! And that’s the way it should be. This group is just trying to “change” our election laws to enable illegals the opportunity to vote!

22 posted on 11/07/2010 12:42:42 PM PST by DixT
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..


23 posted on 11/07/2010 1:03:56 PM PST by HiJinx (I can see November from my front porch - and Mexico from the back.)
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To: HiJinx

I pray this will be thrown out immediately!! And charge this idiot for court costs!!

24 posted on 11/07/2010 1:21:12 PM PST by DLfromthedesert
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To: DixT

AS requires two photo Ids the real issue is the requirement the when you register to vote you show proof of US Citizenship, which some dork of a FederalBlack Robe Judicial LIBERAL Mullah struck down as unconstitutional and unfair.

25 posted on 11/07/2010 1:34:31 PM PST by SandRat (Duty, Honor, Country! What else needs said?)
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To: SandRat; Travis McGee

SW Reconquista ping, Trav!

26 posted on 11/07/2010 2:28:36 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: SandRat

Please tell me they are appealing this.

If only citizens are allowed to vote then how can we check they are citizens unless they show their documents when they register?

What is happening to Amerika!!

27 posted on 11/07/2010 3:40:05 PM PST by jdirt
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To: DixT
To hell with provisional ballots. If voting is important to someone, they'd damn well better take the time to ensure they have their ID in their wallet or purse before leaving the house. Otherwise, tough sh**...go home and get it or don't vote.

The Idaho legislature past session passed a law "requiring" voters to show ID at the polls. Only, if you don't have your ID, you can sign a sworn affidavit and vote anyway. The county election board will then supposedly verify the eligibility of each affidavit, but they would more like just robo-stamp each one and file 'em away. The law is toothless.

No, I say if you don't have ID, you don't vote. Period. Two forms of ID would be even better, and require proof of citizenship to even register.

Scouts Out! Cavalry Ho!

28 posted on 11/08/2010 9:12:59 AM PST by wku man (Who says conservatives don't rock? Check out
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To: wku man


29 posted on 11/08/2010 1:12:00 PM PST by Dream Warrior (Never underestimate the POWER of an ARROGANT Marxist President and Congress!)
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