Arizona v. Inter Tribal Council of Arizona
What's at Stake
Whether Arizona may require proof of citizenship before registering to vote in federal elections when federal law does not.
Summary
On June 17, 2013, in a 7-2 ruling, the Supreme Court invalidated Arizona's burdensome voter registration requirement.
Under the Constitution, Congress has the ultimate authority for regulating federal elections. As part of that authority, Congress passed (NVRA, more commonly known as the "motor voter" law). The goal of the law was to make voter registration more convenient and accessible. By creating a registration form that all states must "accept and use," the law enabled the expansion of mail-in registration and voter registration drives.
Anyone seeking to register to vote using the federal form must sign a statement swearing that he or she is a U.S. citizen. Nonetheless, in 2004, Arizona passed Proposition 200, which requires prospective voters to provide documentary proof of citizenship–such as a birth certificates, passports or Native American tribal ID cards not actually used in Arizona–in order to register to vote.
Nationwide, according to the Brennan Center for Justice, . Birth certificates were often not issued to U.S. citizens such Native Americans born on reservations, and those born at home or delivered by midwives during the 1930s and 1940s. In addition, women, who often change their names upon marriage, are far less likely to possess a birth certificate or other documents accurately reflecting their names. These documents are expensive and often difficult to acquire. Under Proposition 200, those who lack the required documents will either have to pay to procure them or be unable to vote.
Along with other civil rights groups, the ÀÏ°ÄÃÅ¿ª½±½á¹û challenged Proposition 200 as inconsistent with federal law. The Ninth Circuit court found that Proposition 200 conflicted with the NVRA, and that the NVRA takes precedence over state law. Arizona appealed this ruling, and the Supreme Court will decide whether the state has the power to impose such a requirement beyond what the federal law permits.
Legal Documents
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06/17/2013
Arizona v. Inter Tribal Council of Arizona - Supreme Court Decision
Date Filed: 06/17/2013
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01/31/2013
Arizona v. Inter Tribal Council of Arizona - Brief for Respondents
Date Filed: 01/31/2013
Press Releases
VICTORY! Supreme Court Invalidates Cumbersome Arizona Voter Registration Requirement
ÀÏ°ÄÃÅ¿ª½±½á¹û Comment on Supreme Court Argument in Voter Registration Case
ÀÏ°ÄÃÅ¿ª½±½á¹û Moves to Intervene In Voting Rights Act Challenge