Supreme Court Strikes Down Arizona’s ‘Prove You’re A Citizen First’ Voter Law
By Jean Ann Esselink on June 17, 2013
Justice Scalia voted with the majority as the Supreme
Court today struck down Arizona’s Proposition 200, the voter-approved
law that would have required anyone wanting to use the Federal “Motor
Voter” registration
form, to first prove their citizenship. Writing for the majority,
Justice Scalia said that federal law: “precludes Arizona from requiring a
federal form applicant to submit information beyond that required by
the form itself.”
Justices Samuel Alito and Clarence Thomas, who usually
side with Justice Scalia, both dissented from the decision, making
Scalia’s position all the more surprising. Justice Thomas wrote the
dissent, saying the
Constitution “authorizes states to determine the qualifications of
voters in federal elections, which necessarily includes the related
power to determine whether those qualifications are satisfied.”
The 1993 Federal Motor Voter Law allows people to register
to vote when they get their driver’s licenses. Arizona objected to the
part of that law that allows an applicant to use a mail-in postcard,
requiring
them to sign “on penalty of perjury” that they are a citizen.
Proposition 200, passed by popular vote in 2004, required an applicant
to show proof of citizenship before being given a mail in card.
Kathy McKee, who led the fight to have Proposition 200 put
on the 2009 ballot was outraged at the Court’s decision. “To even
suggest that the honor system works, really?” She reacted. “You have to
prove who you
are just to use your charge card now.”
Opponents of Proposition 200 claim at least 31,000
potential voters who could easily have registered before Proposition
200, were blocked from voting after its passage in 2004. Nina Perales,
lead council for
the Inter Tribal Council of Arizona which challenged the new
restrictions, told reporters “Today’s decision sends a strong message
that states cannot block their citizens from registering to vote by
superimposing burdensome paperwork requirements on top of
federal law. The Supreme Court has affirmed that all U.S. Citizens have
the right to register to vote using the national postcard, regardless of
the state in which they live.”
The ruling will also strike down similar provisions in
Georgia, Kansas, Alabama and Tennessee, and halt the progress of bills
requiring proof of citizenship to register to vote from advancing in 12
other states.
Justice Scalia’s photo is from his Facebook page
Jean
Ann Esselink is a straight friend to the gay community. Proud and
loud Liberal. Closet writer of political fiction. Black sheep agnostic
Democrat from a conservative Catholic family. Living in Northern Oakland
County Michigan with Puck the Wonder Beagle.
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