AZ AG Horne upholds evidence of citizenship in state voting

Arizona Attorney General Tom Horne has sent an opinion to Secretary of State Ken Bennett, responding to questions received from Bennett. The Opinion concludes that those registering only under the federal form who do not provide evidence of citizenship should not be permitted to vote in state elections, or to sign state petitions.  Arizona law requires those registering to vote on a state form to provide evidence of citizenship. An alternative federal form, established under the National Voter Registration Act, requires only the signature of the voter, without additional evidence, to establish that the voter is a citizen.

The Ninth Circuit ruled that Arizona would be precluded from asking for evidence of citizenship from those choosing to register on the federal form. Arizona appealed that decision to the United States Supreme Court and Attorney General Horne personally argued the case before the high court. The Supreme Court agreed that the federal form requires only a sworn statement to establish citizenship, but it further noted that determining qualifications for voters in federal elections is a state, not a federal function. The Court stated that “Arizona is correct that it would raise serious constitutional doubts if a federal statute precluded a state from obtaining the information necessary to enforce its voter qualifications.”

In his Opinion to Secretary of State Bennett, Horne writes, “Persons seeking to register to vote must comply with Proposition 200’s evidence-of-citizenship requirement in order to become a qualified elector eligible to vote in state and local elections and to sign candidate, initiative, referendum or recall petitions.”

Attorney General Horne’s cogent Opinion on this important issue can be read here.

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6 Responses to AZ AG Horne upholds evidence of citizenship in state voting

  1. ZOO says:

    The vermin at Gannett jumped right on this screeching “they are creating a separate class of voters!” You can bet that will be the foundation for a legal challenge.

  2. eubykdisop says:

    WOW! Horne is awesome! THAT is the kind of fighting spirit we want to see from Republicans in office! What a contrast with those “republicans” who either hide in the trenches, playing their fiddles while Rome burns, or who actually give aid and comfort to the enemy! Go, Tom, go! :-)

    • eubykdisop says:

      BTW, this is of interest:

      “Veto Halts Bill for Jury Duty by Noncitizens in California”

      “By JENNIFER MEDINA, October 7, 2013″

      “But the governor drew the line at allowing legal immigrants to serve on juries. “Jury service, like voting, is quintessentially a prerogative and responsibility of citizenship,” Mr. Brown said in a brief veto message. “This bill would permit lawful permanent residents who are not citizens to serve on a jury. I don’t think that’s right.”

      “It “calls into question the very meaning of citizenship,” The Sacramento Bee wrote in August, saying the legislation would provide an incentive to immigrants to avoid becoming citizens. “Why should green-card holders become citizens if they can enjoy the rights of citizenship?”

      http://www.nytimes.com/2013/10/08/us/veto-halts-bill-for-jury-duty-by-noncitizens-in-california.html?_r=0

      Of course, the REAL reason Brown vetoed the measure is that the law requires a jury of “peers” and it could be proven that non-citizens are not “peers”.

      • California Dreamer says:

        It must have pained liberal activist Calif. Guv Jerry Brown to delineate citizens from non-citizens as it relates to jury service. He actually appears to prefer them to the citizens. He has already turned the state into a northern suburb of Mexico and has bankrupted city after city with mandated funding for benefits for illegals. Before we moved, we called it Mexifornia, the name Victor Davis Hanson gave as the title of his very apropos book.

        This column was his 2007 update which he begins by saying “The flood of illegal immigrants into California has made things worse than I foresaw.” It gives an indication of the fate that will befall the rest of this country as non-citizens can vote in federal elections. Who does that insanity make sense to other than radical lefties like Obama, his dem party ilk and the illegal alien supporting jerks at the Arizona Republic?
        Hanson’s column is here:

        http://www.city-journal.org/html/17_1_mexifornia.html

      • eubykdisop says:

        Hi, C. D.! That’s a very interesting article you linked to, especially from an historic perspective. The author states:

        “Indeed, we forget how numbers are at the crux of the entire debate over illegal immigration.”

        He broke the code and that is exceedingly important. Why? Because the latest immigration deception, being promoted by people like U. S. Senator Ted Cruz, is that UNLIMITED immigration is fine as long as it is LEGAL immigration. That, of course, is not true! Not only are the total number of immigrants a critical issue but the RATE at which they come is also critical.

        The total number of immigrants, legal and illegal, AND the rapid pace at which they have been coming over the past fifty yeas, has severely damaged our nation and will cause it to fail, perhaps even if immigration is now dramatically curtailed.

        The second interesting statement in the article is this:

        “But the downside surely is apparent. Truck drivers, carpenters, janitors, and gardeners— unlike lawyers, doctors, actors, writers, and professors—correctly feel that their jobs are threatened, or at least their wages lowered, by cheaper rival workers from Oaxaca or Jalisco.”

        That has changed as people like U. S. Senator Ted Cruz now propose increasing by 500% the annual cap on H-1B visas which IS “lawyers, doctors, actors, writers, and professors”.

        As regards the sheer number of immigrants, this video has been posted before but it warrants another look:

        “Immigration, World Poverty and Gumballs – Updated 2010″

  3. Matt DeGennaro says:

    I thought today’s Republic’s editorial (I’d bet the farm it’s the work of Linda Valdez), and the coordinated news report by Mary Jo Pitzl and the column by Laurie Roberts (who all know where their bread is buttered as they await retirement) was not only expected, but hilarious! It was Women’s Day at the newspaper, but expect Steve Benson and EJ Montini to hop on this favorite issue.

    This liberal newspaper might fare better if it ceased printing in English and went all Spanish. The thrust of their joint rage was that this is a contrivance to appeal to Republican primary voters in the upcoming election. The US Constitution is not a Republican plot. Thank God for Tom Horne’s wisdom. It’s clear to any thinking Arizonan that the Repulsive newspaper is revving its consistent and malicious onslaught against Republicans Tom Horne who is up for reelection and Ken Bennett, who will be running for AZ Governor.

    By the way, I DON’T SUBSCRIBE to this crappy newspaper. I read it free of charge this morning with my breakfast roll and coffee at a neighborhood cafe.

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