Gonzalez v. Arizona

Posted by NY Attorney Norka M. Schell

Law Offices of Norka M. Schell, LLC

www.lawschell.com

Arizona residents and Indian tribes filed actions challenging validity of proposition requiring prospective voters in Arizona to present documentary proof of citizenship in order to register to vote and requiring registered voters to present proof of identification in order to cast ballot at polls. Actions were consolidated. The United States District Court for the District of Arizona, Roslyn O. Silver, J., entered judgment in state's favor, and plaintiffs appealed.

Holding: 

The Court of Appeals held that: (1) Arizona's requirement that prospective voters provide documentary proof of citizenship was superseded by National Voter Registration Act (NVRA); (2) law of the case doctrine did not bar panel from reconsidering issue following remand from earlier decision; (3) requirement that voters provide proof of identification before voting at polls did not violate Voting Rights Act (VRA); and (4) requirement that voters show identification at polls was not poll tax.

Circuit Judge Ikuta wrote the Opinion:

" Proposition 200 requires prospective voters in Arizona to present documentary proof of citizenship in order to register to vote,  Ariz. Rev. Stat. Sections 16-152, 16-166,  and requires registered voters to present proof of identification in order to cast a ballot at the polls, Ariz. Rev. Stat. Sec. 16-579. This appeal raises the questions whether Proposition 200 violates the Voting Rights Act § 2, 42 U.S.C. Sec. 1973, is unconstitutional under the Fourteenth or Twenty-fourth Amendments of the Constitution, or is void as inconsistent with the National Voter Registration Act (NVRA), 42 U.S.C. Sec. 1973gg et seq. We hold that the NVRA supersedes Proposition 200's voter registration procedures, and that Arizona's documentary proof of citizenship requirement for registration is therefore invalid. We reject the remainder of Appellants' arguments". Affirmed in part and reversed in part.