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Court says Arizona can demand voter identification
Reuters ^ | 4/17/12 | Tim Gaynor

Posted on 04/18/2012 2:29:18 AM PDT by markomalley

A U.S. appeals court on Tuesday ruled Arizona may require voters to show identification at the polls, a ruling likely to add fuel to the fiery debate about voting rights in a presidential election year.

But the court also ruled the state cannot demand that they show proof of U.S. citizenship to register to vote in federal elections, a decision the state's attorney general said he would appeal.

That could set the stage for yet another U.S. Supreme Court showdown over a contentious Arizona law touching on citizenship issues. Next week, the high court will hear arguments over the state's effort to crack down on illegal immigration.

At issue in Tuesday's ruling was a 2004 Arizona ballot initiative, Proposition 200, that amended state election laws to add the citizenship and identification requirements. The measure - designed to stop illegal immigrants from voting - was challenged in court shortly afterward.

While agreeing that Arizona was within its rights to require identification at voting places, the appeals court concluded the national Voting Rights Act superseded the law's requirement that anyone registering to vote in a federal election show "satisfactory evidence" of U.S. citizenship.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Front Page News; Politics/Elections; US: Arizona
KEYWORDS: aliens; arizona

1 posted on 04/18/2012 2:29:22 AM PDT by markomalley
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To: markomalley
A U.S. appeals court on Tuesday ruled Arizona may require voters to show identification at the polls, a ruling likely to add fuel to the fiery debate about voting rights in a presidential election year.

Not only should the states and the federal government require voter ID, but there should be some literacy test. Voting is both a right and a privilege in the USA. Voters should understand who and what they are voting for. Voters should only vote once.

2 posted on 04/18/2012 2:52:49 AM PDT by olezip
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To: markomalley

When I vote in Houston, I show my voter registration and my driver’s license.


3 posted on 04/18/2012 2:58:34 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: markomalley

I think it became impossible to fight this when all of the other things that require a photo ID are listed (cashing a check, driving a car, boarding a plane, etc.).


4 posted on 04/18/2012 3:02:35 AM PDT by kearnyirish2
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To: markomalley

How does one prove one has citizenship? A birth certificate? I would be hard-pressed to find mine. Would probably have to go back to my home town court. I don’t know anyone who carries his birth certificate in his wallet.


5 posted on 04/18/2012 3:05:50 AM PDT by be-baw (still seeking)
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To: olezip

Right...and furthermore, the voter should be able to breath and conscience!


6 posted on 04/18/2012 3:43:47 AM PDT by sirchtruth (Freedom is not free.)
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To: kearnyirish2

Liberals in Michigan are starting to whine about the lack of an investigation of our voter ID law. They claim that some 600,000 people in Michigan “aren’t allowed” to vote because they don’t have an ID.

Ours spent several years in court between passage and actual implementation so the feds may not feel that there’s any room to screw with it.


7 posted on 04/18/2012 3:47:01 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: be-baw
Please excuse my ignorance, but I thought you had to register to vote? At least in my town they have a list they go by and check off your name each time you come to vote. In one instance the town clerk had seen me earlier in the day and still made me show her my license.
8 posted on 04/18/2012 4:08:39 AM PDT by sirchtruth (Freedom is not free.)
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To: be-baw

How does one prove one has citizenship? A birth certificate?

A birth certificate is easy to obtain. A letter to the clerk of the court of the county in which one was born, along with the required fee (varies by county), will allow one to obtain a certified birth certificate which is required to obtain a US Passport.

Interesting the government requires proof of citizenship to leave or enter the country but not to vote. It used to be possible to travel to Canada without a passport. No longer.


9 posted on 04/18/2012 4:12:05 AM PDT by Soul of the South (When times are tough the tough get going.)
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To: be-baw
How does one prove one has citizenship? A birth certificate? I would be hard-pressed to find mine. Would probably have to go back to my home town court. I don’t know anyone who carries his birth certificate in his wallet.

In my state a long form birth certificate is a $20 handling fee and a postage stamp. Download the form, fill it out and mail it to my county of birth records office.
10 posted on 04/18/2012 4:30:44 AM PDT by Peet (Cogito ergo dubito.)
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To: markomalley
"But the court also ruled the state cannot demand that they show proof of U.S. citizenship to register to vote in federal elections..."

How can any self-respecting court require an illegal alien wanting to vote the same rights and privileges the illegal alien in the White House enjoys? < /sarc >

11 posted on 04/18/2012 4:34:40 AM PDT by Whats-wrong-with-the-truth (Romney... Just put the (D) behind your name and be done with it.)
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To: be-baw

You don’t but I bet there are at least 200 Mexican nationals who have a copy of it in their wallets! (Bwahahahahaha)


12 posted on 04/18/2012 4:35:17 AM PDT by muawiyah (ue)
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To: markomalley

Wait a minute. This decision says if you show ID you can vote but you don’t have to show you are a US citizen to prove you are a US citizen? So I can come in with NO registration and a Mexican Armed forces ID card, I can vote but don’t have to prove I live here? Maybe I’m lost...but.


13 posted on 04/18/2012 4:44:06 AM PDT by Safetgiver (The predator class is upset because they are being shot.)
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To: be-baw
"How does one prove one has citizenship? A birth certificate? I would be hard-pressed to find mine. Would probably have to go back to my home town court. I don’t know anyone who carries his birth certificate in his wallet."

I can't speak for you but I wasn't able to get my driver's license without showing my birth certificate. In fact in the not so distant past it was required by law that one show the DMV his/her birth certificate in order to verify, amongst other things, their age and... If I'm not mistaken, MOST states DMV's (ironically AZ isn't one of them) require you to present a SSN in order to get your license. Back in the day you couldn't get a state to issue you a driver's license without proving you are first old enough to drive and second that you were a US citizen. If you aren't a US citizen and you wish to drive on American roads you must have a driver's license from your home country.

Having a passport also frees you from the burdensome task of having to carry around your birth certificate. To my knowledge one must still submit verification that he/she is a US citizen (i.e. birth certificate, driver's license/state ID with a picture on it and authorized photo) and be interviewed by a living passport office employee...

Seriously... You're just being sarcastic aren't you?

14 posted on 04/18/2012 4:48:35 AM PDT by Whats-wrong-with-the-truth (Romney... Just put the (D) behind your name and be done with it.)
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To: Safetgiver

The law is a bit more complex than that, but this is a MAJOR LOSS for the Fascist presence at the Department of Justice.


15 posted on 04/18/2012 4:50:39 AM PDT by muawiyah (ue)
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To: markomalley; All
"Fathom the hypocrisy of a Government that requires every citizen to prove they are insured [Obamacare]...

But not everyone must prove they are a citizen."

 Ben Stein

16 posted on 04/18/2012 4:51:24 AM PDT by QT3.14 ( European-American (/sarc))
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To: Whats-wrong-with-the-truth
Take two -
"But the court also ruled the state cannot demand that they show proof of U.S. citizenship to register to vote in federal elections..."

How can any self-respecting court deny an illegal alien wanting to vote the same rights and privileges the illegal alien in the White House enjoys?


17 posted on 04/18/2012 4:53:28 AM PDT by Whats-wrong-with-the-truth (Romney... Just put the (D) behind your name and be done with it.)
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To: markomalley

You can see why Constitutional Originalism is so needed. Though imperfect, it certainly is better than unteathered judicial activism.

So you need id to vote, but not citizenship to register to vote. Which witless judicial mind thought that up?


18 posted on 04/18/2012 5:04:52 AM PDT by 1010RD (First, Do No Harm)
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To: cripplecreek

Don’t accept that 600K number. It is a statistical invention of a liberal professor. Ask: who is this demographic that either refuses or cannot attain an id, yet so desires the voting franchise?

That demographic doesn’t exist. You cannot receive welfare without an id. I don’t know any illegal (Poland, Mexico, Guatemala & Serbia) without some form of id. Where is this demographic drawn from? Who are these disenfranchised unknowns?


19 posted on 04/18/2012 5:11:35 AM PDT by 1010RD (First, Do No Harm)
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To: be-baw

passport


20 posted on 04/18/2012 5:25:02 AM PDT by GilGil
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To: be-baw
Many states accept a US Passport as proof of citizenship.

Requiring registrants to present a birth certificate is hardly onerous. I recently had to produce mine to get a driver's license, and prior to that to get my passport. I had to purchase a copy from my birth state because my orginal BC was not up to modern standards (no unique id number and no contact information for the issuing authority (The state! Lol!)).

21 posted on 04/18/2012 6:23:09 AM PDT by jboot
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To: be-baw

All you would need to do would be contact the county clerk of the county where you were born and requrest a certified copy of your BC. You’d get it by mail in a week or two in return for a fee of about $15.00 or $20.00. I did it about 10 years ago so I could apply for a passport.


22 posted on 04/18/2012 6:43:52 AM PDT by libstripper
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To: be-baw
How does one prove one has citizenship? A birth certificate? I would be hard-pressed to find mine. Would probably have to go back to my home town court. I don’t know anyone who carries his birth certificate in his wallet.

Anyone that changes jobs in the post-"patriot" act America has to show proof of  their eligibility to work. It's called the I-9 form, and requires several bits of documentation of eligibility, among which, a birth certificate is one qualifier. I had to order a replacement birth certificate from the state of my birth last year to do this. Fortuantely, the Lord was taking care of me ahead of time, as he'd prodded the company I was working for to get I-9 docs from me while I was still working for the company where I'd been since 2000. I just changed jobs a month ago, and it was useful to have nice, fresh SS card, and birth certificate available

The point being, they wouldn't want to see your birth certificate when you vote. They want it when you register. This is a perfectly reasonable request. If the DMV records weren't so screwed up with illegals, I'd support just using a driver's license as enough, but given the world we live in today, I'd really prefer to see a DL and BC, or a passport (which also works for the I-9 form BTW).

We need to be able to do something about vote fraud in this country. Perhaps a one-time thorough check, i.e., DL+BC|Passport, then every four or 5 years, re-validate the DL to make sure you're still alive and kicking.

23 posted on 04/18/2012 7:02:39 AM PDT by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: sirchtruth

I registered to vote in Harris County (Houston) 6 months ago and still have not received my card in the mail. I doubt I ever will. So I plan on just showing my ID when going to vote. They will probably turn me away because they have still not registered me in whatever district they think I belong. Or I could be wrong they may let me vote simply for showing up. Either way Houston’s vote will be scrambled like fried eggs. There will probably be more illegals trying to vote here than just about anywhere in the United States.


24 posted on 04/18/2012 7:29:52 AM PDT by 3rdcoastislander
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To: Peet

So I could get your birth cert if I sent in the $20? Yours and several others if I felt the need to vote several times.


25 posted on 04/18/2012 7:31:25 AM PDT by Tspud1
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To: libstripper

Can anyone get your BC by sending in the form and money?


26 posted on 04/18/2012 7:35:06 AM PDT by Tspud1
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To: be-baw

Once you find or otherwise obtain your birth cert. take it to your county clerk’s office and have it registered with them. They will copy it and verify that it is a certified copy of your BC. You will then have a copy stored in a safe place and
easily accessible if you misplace or lose the one you keep. I do this with important papers like my BC and DD-214 etc.


27 posted on 04/18/2012 8:51:44 AM PDT by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: Tspud1

Possibly so. It’s a public record. It’s really surprising how much you can get out of public records.


28 posted on 04/18/2012 9:16:28 AM PDT by libstripper
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To: markomalley
But the court was not convinced by Arizona's arguments in favor of Proposition 200's proof of citizenship requirement.

"In sum, the NVRA and Proposition 200's registration provision ... do not operate harmoniously as a single procedural scheme for the registration of voters for federal elections," Ikuta wrote.

"Therefore, under Congress's expansive Elections Clause power, we must hold that the registration provision ... is pre-empted by the NVRA" when a when a voter seeks to register for a federal election.

Register to Vote | The U.S. Election Assistance Commission (EAC)

The National Mail Voter Registration Form can be used to register to vote, to update your registration information due to a change of name, make a change of address or to register with a political party. Note: After filling out this form, you must send it to a state or local election office for processing. See state-specific instructions included in the form for additional information.

The progressives slipped one in on us when they passed the NVRA. It seems simple enough to me how this can be corrected. Congress needs to change all NVRA forms to include a proof of citizenship requirement.

29 posted on 04/18/2012 9:44:20 AM PDT by DBeers (†)
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To: be-baw
How does one prove one has citizenship? A birth certificate? I would be hard-pressed to find mine.

Call Pedro at 1-800-GET-ANID - he'll fix you right up!

I got a notice last week that we will need a Photo ID with an Expiration Date to vote in the PA General Election in November - nothing about a Citizenship requirement. :^(

30 posted on 04/18/2012 9:53:22 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: markomalley

According to the Voting Rights Act of 1965 it is a REQUIREMENT that the Voter be a Citizen:

The Court is wrong.

31 posted on 04/18/2012 10:05:23 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: be-baw

I couldn’t open my last bank account 7 years ago or get my Nevada driver’s license without showing my birth cert. Then I used the driver’s license to register to vote.


32 posted on 04/18/2012 1:12:02 PM PDT by ridesthemiles
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To: Tspud1
So I could get your birth cert if I sent in the $20? Yours and several others if I felt the need to vote several times.

Sounds that way. The city clerk's office had this:
  ARE BIRTH CERTIFICATES PUBLIC RECORDS?
  Unless your parents were not married at the time of
  your birth, birth certificates are available to any 
  member of the public.
All you have to do is (1) know full name, (2) date of birth, (3) place of birth (hospital name or home birth), 4) father's name, (5) mother's maiden name, and (6) cough up $20.

Note: I remembered wrong! It was $10 and a S.A.S.E. if I use the town clerk of the town I was born in-- but more if I go through the state ($28).

Regarding the one restriction on my records being public; some say I'm a real bastard -- but metephorical doesn't count in this case... ☺

Not like Hawaii, huh?
33 posted on 04/18/2012 1:13:23 PM PDT by Peet (Cogito ergo dubito.)
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To: markomalley; Soul of the South; be-baw

“...the appeals court concluded the national Voting Rights Act superseded the law’s requirement that anyone registering to vote in a federal election show “satisfactory evidence” of U.S. citizenship.”

That’s rather odd. Doesn’t the constitution say that you have to be a citizen to vote? And doesn’t the constitution trump any other law passed by congress?


34 posted on 04/18/2012 10:57:21 PM PDT by aquila48
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks markomalley.


35 posted on 04/20/2012 8:06:25 PM PDT by SunkenCiv (FReepathon 2Q time -- https://secure.freerepublic.com/donate/)
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