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 count on 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 that 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,'' Perales 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 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.
Aside from that, Bennett argued MALDEF has no legal basis for its argument.
He said the law in effect on Oct. 4, the last day to register for the general election, required applicants to provide proof of citizenship. Bennett said election workers followed that law and should not now be required to go to extraordinary lengths because of a subsequent court ruling.
In Maricopa County, which has about 55,000 provisional ballots, County Recorder Helen Purcell criticized MALDEF for its late filing.
She said the organization should have sought a court order immediately after the Oct. 26 ruling. Purcell said that would have made it easier to put these into a separate stack and await direction from the court.
Perales countered that she did not know until after Tuesday's election that anyone who had been denied registration actually had voted anyway.
She specifically efforts by Jai Nitai Holzman and SevaPriya Barrier, both of whom she identified as native-born U.S. citizens, to register to vote in Pima County after moving to Arizona in September from Washington, D.C. County officials said they would not complete the registration process because they had not submitted proof of citizenship.
Perales said the pair, after learning of the Oct. 26 court decision, contacted various state and local offices but were told they still could not vote because they said the 2004 law was still in effect.
Despite that, both went to the polls on Nov. 2. They were given provisional ballots because their names were not on the registration list -- ballots that remain uncounted.
"But for the continued application of the invalid provisions of Proposition 200 (the 2004 initiative), they would have been added to the voters rolls, cast regular ballots on Election Day and had those ballots counted in the election,'' Perales argued in her legal filings.
The court's Oct. 26 decision was based on the conclusion by the court that the requirement to provide proof of citizenship runs afoul of the National Voter Registration Act.
Judge Sandra Ikuta, writing the majority ruling for the three-judge panel, said that law spells out what states can and cannot require. And she said proof of citizenship is not among those items state officials can demand.
chick posted at 10:11 pm on Fri, Nov 5, 2010.
They can't get relief. the law was in effect the last day to register. too bad.
chick posted at 10:12 pm on Fri, Nov 5, 2010.
This lawsuit should go nowhere.
wdgnas posted at 5:26 am on Sat, Nov 6, 2010.
The court's Oct. 26 decision was based on the conclusion by the court that the requirement to provide proof of citizenship runs afoul of the National Voter Registration Act.
Judge Sandra Ikuta, writing the majority ruling for the three-judge panel, said that law spells out what states can and cannot require. And she said proof of citizenship is not among those items state officials can demand.
and why isn't clint bolick from the goldwater institute all over this?
AZMomma posted at 8:18 am on Sat, Nov 6, 2010.
Hummm..maybe this Chica Chick will find something worthwhile to do someday.
?? Mexican (Latino) children sold into prostitution by the Cartels?
?? Drop houses where people are held as virtual slaves until familia coughs up more money?
?? Illegals left in the desert to die (by their own Coyotes) ?
Ah well, guess she wants more 'face time'.
SisterSara posted at 9:33 am on Sat, Nov 6, 2010.
Who does the 9th Circuit think they are? Who are they suppose to represent. Evidently they don't think they are there for the US citizens. Our right to vote is suppose to be a privilege of being a US CITIZEN. Why are we giving it to any Mexican, Canadian, Russian, Middle Easterner that wants to visit our country. This is OUR country, OUR laws, OUR politics. Same with SB 1070, why are other countries suing. Its OUR country. We are losing ground as a respected country in the world. Especially when the other countries can rule what happens on our own soil. If we don't wake up, soon we won't have a United States! Maybe if our Federal government would enforce their laws, Arizona wouldn't have to. Now when they rule against Arizona law, the Federal government still doesn't finally do their job. Our Federal government and the 9th District Court is an embarrassment.
rrjenn posted at 11:26 am on Sun, Nov 7, 2010.
So what we're talking about is allowing people, who can't prove they're US citizens, the right to vote? Why would anyone want to allow people too stupid to have such documents the right to vote.
Forky says, "SB1070 goes well beyond, is inconsistent with and even runs counter to federal immigration laws." but this BS is just that, pure BS, and he knows it, but let's see what the courts say. In any case, what does SB1070 have to do with voting rights? Oh I forgot, you're the poster boy for illegal invasion rights.
Then he goes on to say, "I doubt if many, if any, non-U.S. citizens are willing to risk a perjury conviction and permanent deportation (what's that?) for lying on an application form as to their citizenship just so their one vote will count in a U.S. election." He doubts? Why wouldn't they? How about lets make sure it cannot happen and just make everyone prove they are US citizens. If you're too stupid to be able to prove you are a citizen, do we really want you to vote? For that matter, do we even want you to breed more retarded citizens too stupid to know how to prove they are US citizens? You have to take a test to be ably to drive a car, but any retard can have a baby, and we get to pay for it. BTW, illegals drive cars without having a drivers license, so why wouldn't they vote?
American Pride posted at 1:03 pm on Sun, Nov 7, 2010.
Is it any wonder why we don't want illegal aliens in our country and allowed to vote in our elections??? These people are trying desperately to take over our government!!! Wake up everyone! THIS IS AN INVASION!
Slabside posted at 6:28 pm on Sun, Nov 7, 2010.
Sorry forked, rrjenn's assessment of your liberal views are spot on despite all your shuckin' & jivin' spins. Arizona is not the odd man out but the envy of most of the rest of the union. Oklahoma, Texas and others are falling into line with the example Arizona has set. You are just a libt a r d minority.
rrjenn posted at 8:16 pm on Sun, Nov 7, 2010.
I neither inferred nor stated that anyone carries a certified copy of their birth certificate. In this state a simple drivers license would be enough to register to vote or prove citizenship. You do need a birth certificate to get a drivers license though. If you were born in a hospital you will naturally have a birth certificate, and if you were born at home there are avenues to get the certificate as well. Why would anyone not get one for their child? Too stupid to know your child might need to prove he or she were born here, or just too illegal? If you lost your document, certified copies are available for a nominal fee. I had to buy a copy of mine due to a fire. I did not acknowledge that there is no evidence of fraud or perjury by people registering to vote in Arizona. There may be. I suggested that we should make sure that the honor of voting in an American election should only be allowed by certified citizens, and I don't see why you would object unless you want illegals to vote. All your arguments center around how we shouldn't ever try to segregate out the illegals because we just might offend a Latino citizen. According to you, we shouldn't ever question a suspect's citizenship for fear they may may be offended. If these Latino Americans love this country and the rule of law like I and many others do, then they should not consider proving they are citizens as an infringement. They should be proud to prove they are in fact citizens of America, the greatest country in the world. I'm a proud American and will prove it to anyone who ask.
Masterrogue666 posted at 11:15 am on Mon, Nov 8, 2010.
You are required to have a DL when you drive a car. I think it's a great idea that you have proper ID in order to vote. That would help ENSURE only US CITIZENS vote....
tularockstar posted at 12:40 pm on Mon, Nov 8, 2010.
MALDEF and La Raza are pretty much the same group. Their sole mission is to bring as many illegals from Mexico as they can and get them voting rights. That's why we're seeing this type of BS petition. The result of their work is evident in California. The majority of lawmakers in Cal is now hispanic liberals. Now, they're trying to infiltrate and infect Arizona as well. It's great that our State government is not giving in to this BS. Arizona will never become another California!
rrjenn posted at 1:13 pm on Mon, Nov 8, 2010.
Whether or not illegal alien voting is a problem, and I believe it is, why should we not try our best to limit voting to certified citizens? If you want to vote you should try to be a little more serious about it and get proper documentation. The answer, of course, is that illegal alien promoters like la ratza and maldef want the illegals to vote. They want the border to be open and a real flood of Mexicans, the likes of you would not believe, to invade our country. Why else would they complain so much?
CSalafia posted at 6:01 pm on Mon, Nov 8, 2010.
Slab.
We've voted in this precinct for years. My neighbor, whose name was on the roll for the primary election this year, had to vote provisional in the general because he wasn't listed.
You may think there's something more to the story, but you'd be wrong. There's nothing to suggest that this was anything more than a clerical error or a database problem at the County Recorder's office sometime between the end of August to the general in November.
Provisional ballots should be counted, provided they meet the requirements of ARS 16-584(B), that is, if it can be verified that the voter is eligible to vote in that particular precinct.
What's so wrong with that?
Slabside posted at 6:17 pm on Mon, Nov 8, 2010.
Nothing chris, just a question. It just seemed odd that a clerical error took long time voters out of the system. I'm sure it can happen as I believe we all have been hit with the government snafu at one time or another. I believe that proof of citizenship should be a requirement for voting and I'll take it a step further... I believe that only property owners should be allowed to vote.
RollerCam posted at 7:06 pm on Mon, Nov 8, 2010.
As soon as you read the headline of this story, you know where it's headed: Straight to "Viva La Raza" land and all of the idiocy that lives there.
They're playing a "pretend" game. They hope to get you to believe that in present day America, their selected ethnic group actually requires it's own set of advocates and lawyers or else justice and fairness won't be bestowed upon their chosen group.
This article is sickening, racial-pandering drivel from the very first word to the very last .
rrjenn posted at 7:48 pm on Mon, Nov 8, 2010.
Hey slab you know there was a time when only land owners could vote. I think the logic of the time was that if you weren't bright enough to own some land or had no vested interests in the country, why should we allow you to vote. That may be going too far, but at the very least why oh why can't we be certain that you are at least a certified citizen? BTW: Good news to report. 'Arizona Style' Immigration Law Proposed in Texas
conservative lawmaker files bill in first hour of filing period for 2011 session
By Jim Forsyth
Monday, November 8, 2010
Less than an hour after the period began for filing bills for consideration in the 2011 Legislative session, State Rep. Debbie Riddle (R-Tomball), a leader of the newly muscular conservatives in the Legislature, filed an 'Arizona style' measure that would crack down on illegal immigration, 1200 WOAI news reports.
Riddle says her measure is a response to what she says is the escalating violence caused by Mexican and Latin American gangs in Texas.
"It is absolutely out of control with the gang related crime, which is going through the roof, so, yes, we are addressing this, and quite frankly, I am not worried about political correctness," Riddle told 1200 WOAI news.
The measure would be similar to Arizona's controversial SB 1070, in that it would require that local police work with federal immigration officials in determining the legal status of a person who is in their custody.
"If that individual is already being detained, because of another crime, then that officer can inquire as to one's immigration status," Riddle said.
The Arizona law has been placed on hold pending a court challenge. Riddle says her measure would help it withstand similar legal challenges.
Republicans will hold 99 of the 150 seats in the Texas House when the biennial session is gaveled into order January 11th, the largest GOP majority in the Texas House in 140 years. The conservative landslide last week is expected to result in several measures on the conservative wish list which have been killed by Democrats and moderate Republicans being passed in the coming legislature.
Riddle's measure would also deny all state funds to any community which declares itself a 'sanctuary city' and refuses to aggressively enforce immigration laws.
"The gang related crime which does have a connect with the Mexican drug cartels has gone up 250 percent in this state," Riddle said. "People are sick and tired of political correctness. They want their communities safe."
In addition to the healthy majority in the Texas House, Republcians will still control almost 2/3 of the seats in the 31 member State Senate, as well as Republicans in control of all statewide elected offices.But despite their healthy majority, Democrats like State Rep. Mike Villarreal (D-San Antonio) say they'll fight Riddle's proposal.
He tells 1200 WOAI news that every study which has been conducted on illegal immigration in Texas has found that stopping it would strangle the state's economy.
"All of the studies have calculated a net positive to our economy," Villarreal said. "Even considering any services which we provide to our own citizens that they may take advantage of."
rrjenn posted at 10:07 am on Tue, Nov 9, 2010.
Was that the one where he called people racists? Racism is a crime. Falsely accusing someone of a crime is slander. Maybe the Tribe didn't want to be a party to a slanderous posting. As for your postings you say were deleted, I can't recall what they were.
Slabside posted at 10:28 am on Tue, Nov 9, 2010.
I'm quit sure they were insignificant rrjenn. Most of them are.
Masterrogue666 posted at 11:01 am on Tue, Nov 9, 2010.
Forked: The Gov of CA in here LEGALLY, and married (LEGALLY) an American citizen. However, due to the FACT that he was born elsewhere, he cannot run for President of the USA.
As for the Fed's having to train State employees. No problem. I'd rather have my tax dollars spent to prevent votes by people that have NO RIGHT to vote. You should be on the same boat. Since it seems that you aren't, perhaps other bloggers guesses about your origin are true after all....
Save America posted at 12:55 pm on Tue, Nov 9, 2010.
If these people can not prove they are American citizens, then they can wait till the next election. They should have gotten their stuff together. America should not allow any illegal to vote. Proof of citizenship please!
Silverwolf posted at 10:12 am on Tue, Nov 23, 2010.
This is what was stated by "MALDEF attorney Nina Perales whom said those who were wrongfully denied registration should have their votes counted" "The right to vote is fundamental,'' she said.
She is correct but "The right to vote is fundamental''
BUT ONLY FOR AMERICAN CITIZENS!!!
Because we would not be able to vote in another countries elections nor should we be able too; unless we were citizens of said country.