Arizona v. Inter Tribal Council of Arizona, Inc.

Arizona v. Inter Tribal Council of Arizona, Inc.

Argued March 18, 2013
Decided June 17, 2013
Full case name Arizona, et al., Petitioners v. The Inter Tribal Council of Arizona, Inc., et al.
Docket nos. 12-71
Citations

570 U.S. ___ (more)

Holding
Arizona's evidence-of-citizenship requirement, as applied to Federal Form applicants, is pre-empted by the National Voter Registration Act's mandate for states "accept and use" the Federal Form.
Court membership
Chief Justice
John G. Roberts
Case opinions
Majority Scalia, joined by Roberts, Ginsburg, Kagan, Breyer, Sotomayor; Kennedy (in part)
Concurrence Kennedy (in part and in judgement)
Dissent Thomas
Dissent Alito
Laws applied
National Voter Registration Act & Elections Clause

Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. ___ (2013), is a 2012-term United States Supreme Court case revolving around Arizona's unique voter registration requirements, including the necessity of providing documentary proof of citizenship. The state requirement arose from a 2004 Arizona proposition, Arizona Proposition 200 (2004), which was a ballot initiative designed in part "to combat voter fraud by requiring voters to present proof of citizenship when they register to vote and to present identification when they vote on election day."[1] The state law requires, besides other things, persons to provide proof of citizenship to register to vote, and requires voter-registration officials to "reject" any application for registration, including a Federal Form under the National Voter Registration Act of 1993, that is not accompanied by documentary evidence of citizenship.

A group of Arizona residents and a group of nonprofit organizations challenged the Arizona law in court. The District Court of Arizona granted Arizona summary judgment on the respondents' claim that the federal Act preempts Arizona’s requirement. In October 2010, the Ninth Circuit Court reversed, holding that the state's requirement of documentary proof of citizenship is invalid as being preempted by the registration provision in the federal NVRA, at least when an applicant uses the National Mail Voter Registration Form (the "Federal Form") to register to vote in federal elections, and that the requirement to provide voter identification at the polling place is valid.[2][3]

However, in April 2011, the court granted Arizona's petition for en banc review of this ruling, and it heard oral arguments on June 21, 2011.[4] In April 2012, the en banc court also held that the requirement to provide proof of citizenship to register to vote is invalid as preempted by the NVRA and that the requirement to provide voter identification at the polling place is valid.[5] The Supreme Court of the United States declined to stay the ruling on June 28, 2012.[6]

In July 2012, Arizona petitioned the Supreme Court for a writ of certiorari to review the Ninth Circuit's ruling.[7] The Supreme Court granted the petition in October 2012,[8] and it heard oral arguments on March 18, 2013.[9] On June 17, 2013, the Supreme Court ruled against Arizona in a 7-2 decision which struck down the state law. Justice Scalia wrote the majority opinion, confirming the Ninth Circuit's rulings and holding that the state requirements relating to voter registrations were pre-empted by the federal NVRA law,[10] which mandates states to "accept and use" the Federal Form. Justices Clarence Thomas and Samuel Alito dissented. However, the Court also suggested ways for Arizona to overcome the hurdle.[11]

See also

References

  1. ↑ Purcell v. Gonzalez, 549 U. S. 1, 2 (2006) (per curiam).
  2. ↑ Gonzales v. Arizona, No. 08-17094, (9th Cir. Oct. 26, 2010)
  3. ↑ One or more of the preceding sentences incorporates text from a work in the public domain: http://www.supremecourt.gov/opinions/12pdf/12-71_7l48.pdf
  4. ↑ Arizona Attorney General Press Release: "Horne Argues in Favor of Arizona's Law Requiring Proof of Citizenship to Vote" Archived September 30, 2011, at the Wayback Machine.
  5. ↑ Gonzales v. Arizona, No. 08-17094 (en banc), (9th Cir. April 17, 2012) at 4148.
  6. ↑ Arizona, et al. v. Abeytia, et al., No. 11-A-1189 (order), (U.S. Supreme Court, June 28, 2012)
  7. ↑ Arizona v. Inter Tribal Council of Arizona, et. al, Petition for Writ of Certiorari (U.S. Supreme Court, July 16, 2012)
  8. ↑ Arizona v. Inter Tribal Council, Grant of Petition for Writ of Certiorari (U.S. Supreme Court, October 15, 2012)
  9. ↑ Arizona, et. al., Petitioners, v. The Inter Tribal Council of Arizona, Inc., Transcript of Oral Argument (U.S. Supreme Court, March 18, 2013)
  10. ↑ Arizona v. Inter Tribal Council of Arizona, Inc., No. 12-71 (opinion), (U.S. Supreme Court, June 17, 2013)
  11. ↑ Marty Lederman (June 17, 2013). "Pyrrhic victory for federal government in Arizona voter registration case?". SCOTUSBlog. Retrieved July 6, 2013.

External links

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