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Tribes in Arizona get mixed decision in voting law case





The state of Arizona can't require people to show proof of citizenship when registering to vote in federal elections, a divided 9th Circuit Court of Appeals ruled on Tuesday.

The Inter-Tribal Council of Arizona and the Hopi Tribe, along with other plaintiffs, challenged Proposition 200, which was approved by voters in 2004. A majority of the en banc panel of the court found that the state law violates the National Voter Registration Act of 1933.

"We are elated that a strong majority of the en banc panel found Arizona’s citizenship requirement violated the NVRA,” said Jon Greenbaum, the chief counsel for the Lawyers’ Committee, who argued the case on behalf of the tribal and other plaintiffs. “This will enable our clients to be able to register to vote and conduct voter registration drives more easily.”

The majority of the court, however, upheld another provision of Proposition 200 that requires people to show identification at the polls. Tribes have argued that the law discriminates against their members.

"What's unfortunate about this is the amount of money Arizona has spent basically in an effort to either dissuade or reduce the ability of Indians to vote," attorney Joe Sparks, whose firm represented the Inter-Tribal Council, told The Arizona Republic.

The state of Arizona plans to appeal to the U.S. Supreme Court, Attorney General Tom Horne said.

Get the Story:
Full Circuit Slaps Down Arizona Voter Limit (Courthouse News Service 4/17)
Ruling on Arizona voter requirement mixed (The Arizona Republic 4/18)

9th Circuit Decision:
Inter-Tribal Council of Arizona v. Arizona (April 17, 2012)
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