Court Rules in Favor of State on a Vast Majority of Legal Claims Against Prop. 200
Phoenix – Secretary of State Jan Brewer today announced a sweeping victory in her ongoing legal defense of voting requirements passed into law by over one million voters in 2004 as part of Proposition 200. The U.S. District Court of Arizona granted the legal motion sought by Secretary Brewer by granting summary judgment on a majority of legal claims against Proposition 200.
“I am extremely happy to have earned this sweeping court victory on behalf of the citizens of Arizona,” stated Secretary Brewer, “yet again Arizonan’s are able to retain their inherent right to properly establish proof of citizenship when registering to vote and require proper identification when voting at the polling place.” “I am very pleased by this decision, and pledge that I will not waiver in my defense of the will of our voters.”
Today’s court decision specifically noted,” …citizenship is material in determining whether an individual may vote and Arizona’s decision to require more proof than simply affirmation by the voter is not prohibited…”
The U.S. District Court sided with Brewer on the following areas:
• the National Voter Registration Act does not prohibit requiring voters to prove citizenship when registering to vote
• Prop. 200 is not an unconstitutional poll tax
• Prop. 200 identification requirements do not create two classes of voters
• Proof of citizenship is material in determining an individual’s eligibility to vote
• the Secretary of State’s submission of pre-clearance from the U.S. Department of Justice on Proposition 200 was in proper form
• The Secretary of State makes available the federal voter registration form as required by law
• Requiring proof of citizenship does not conflict with other Arizona laws
• The Secretary of State has met her statutory obligations required in performing the duties of her job
Added Brewer, “having spent so much time over the last several years drafting the procedures, gathering substantial election materials for the case, and spending hours preparing testimony and affidavits, it is extremely gratifying to gain this summary judgment.” “My staff and the lawyers from the Attorney General’s office assigned to this case worked cooperatively and extremely hard on this case,” added Secretary Brewer.
“The Arizona voters have openly embraced these voting requirements, and as a result of the strong education efforts of my office and the county election officials, over 99 percent of the voters had absolutely no problem complying with the new law during the 2006 election,” said Secretary Brewer.