Arizona: Hearing on bill repealing new election law delayed | Arizona Daily Star

A hearing on a bill repealing a sweeping 2013 election law that galvanized voter’s rights groups, Democrats, some conservative Republicans and third-party candidates was cancelled Thursday. But the delay is expected to be short as majority Republicans agree the repeal is needed. The bill was held in the House Judiciary Committee in part to ensure its language matches other repeal bills being readied, but it will be back on the agenda next Thursday. Once the bills match up, quick passage by each chamber could send them to Gov. Jan Brewer’s desk for action in just weeks, Senate President Andy Biggs said. “We’re just looking for certainty, as soon as possible,” Biggs said. The repeal of last year’s House Bill 2305 is designed to head off a voter referendum set for November’s ballot. The election-overhaul law was cobbled together from several GOP bills on the last day of last year’s Legislative session and passed without a single Democratic vote by the Republican majority.

Arizona: Citizen proof request rejected by federal election commission | Havasu News

In a rebuff to state officials, the head of the federal Elections Assistance Commission has rejected Arizona’s request to require proof of citizenship by those using a federal form to register to vote. In a 46-page order late Friday, Alice Miller, the commission’s acting director, said Congress was within its rights to conclude that those seeking to vote need not first provide documentary proof of eligibility. Miller said the affidavit of citizenship, coupled with criminal penalties for lying, are sufficient. Friday’s ruling is yet another significant setback for Arizona’s effort to enforce the 2004 voter-approved law. The state had argued all the way to the U.S. Supreme Court it has a constitutional right to demand citizenship proof, only to be rebuffed last year. But the justices, in their 7-2 ruling, said state officials were free to petition the EAC to add the requirement to the form. Friday’s order forecloses that option.

Arizona: Voters caught up in voting citizenship fight decry possible of 2-tier Arizona voting system | Associated Press

When Georgia Bartlett moved to Arizona more than a year ago, she did what she’s done in each of the many states where she lived since reaching voting age: She registered to vote. But Bartlett, 68, who moved to Phoenix from Arkansas to be near her grown children, was tripped up because she used a federal form to register. She signed under penalty of perjury that she’s a citizen entitled to vote, but soon found out that wasn’t good enough. Instead of receiving a sample ballot, she began receiving letters from the local registrar seeking proof she was a citizen. She sent a copy of her Arkansas driver’s license, but was told that wasn’t good enough. So she just gave up.

Arizona: High court allowing higher campaign contribution limits to go into effect | Associated Press

The Arizona Supreme Court on Tuesday rejected arguments from the Arizona Citizens Clean Elections Commission and allowed new, higher campaign contribution limits passed by the Republican-controlled Legislature to go into effect. The ruling issued just hours after the court heard oral arguments is a major victory for Republicans, who pushed for the major increases in contribution limits in the past legislative session despite warnings from Democrats that they would run afoul of state law protecting voter-approved laws. The court said it will issue a formal opinion explaining its reasoning later. The court overturned an October decision by the Arizona Court of Appeals that found the law conflicted with the Voter Protection Act. That law requires a three-fourths vote of the Legislature to make major changes to voter-approved laws. The brief court order also lifted the injunction the appeals court put in place blocking the higher limits from taking effect.

Arizona: Kansas: Judge to hear arguments in voter citizenship suit | Associated Press

A federal judge will hear arguments Friday in the lawsuit filed by Kansas and Arizona requesting the national voter registration form be changed so that the two states can fully enforce proof-of-citizenship requirements for new voters ahead of the 2014 midterm elections. Kansas Secretary of State Kris Kobach and Arizona counterpart Ken Bennett want the federal court to order the U.S. Election Assistance Commission to include instructions on the federal form that would require Kansas and Arizona residents to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote. Kobach has pushed the proof-of-citizenship policy as a way to prevent non-citizens — particularly immigrants living in the U.S. without legal permission — from registering and possibly voting. The U.S. Justice Department, which is representing the election commission, has argued that changing the requirements on the federal form for residents of Kansas and Arizona would in essence affect nationwide policy because it might encourage every state to seek increased proof of citizenship in order to register for federal elections. The current federal registration form requires only that someone sign a statement that he or she is a U.S. citizen.

Arizona: Campaign Finance Limits Remain Unclear as Election Approaches | Arizona Law Review

As candidates for legislative and statewide elected offices in Arizona are gearing up for the 2014 elections, a crucial yet unanswered question looms over the proceedings: how much money are candidates allowed to accept from campaign donors? In attempting to clarify the answer, the Arizona Court of Appeals held last month that House Bill 2593 was ineffective because it had not been passed with a supermajority as required by the Arizona Constitution.1 In doing so, the Arizona Court of Appeals ruled in favor of the Clean Elections Commission and against the Speaker of the House and President of the Senate. House Bill 2593, signed into law last spring, overrode existing campaign contribution limits by increasing the maximum contribution that political campaigns could accept from individual supporters. With the enjoinment of the new law, the previous, stricter, campaign contribution requirements are once again the law of Arizona—unless the Arizona Supreme Court steps in. The underlying dispute traces its genesis to the 1998 state general election.2 In that election, the voters of Arizona passed two ballot measures by popular referendum: Proposition 200, known as the Clean Elections Act;3 and Proposition 105, commonly referred to as the Voter Protection Act.4.

Arizona: Activists seek to thwart proof-of-citizenship demand for voter registration | The Verde Independent

Attorneys for four Arizona groups involved with voter registration are trying to get a federal judge to kill a bid by Secretary of State Ken Bennett to require proof of citizenship from all who register to vote. Nina Perales of the Mexican American Legal Defense and Educational Fund said the U.S. Supreme Court ruled earlier this year that Arizona cannot enforce its documentation requirement on those who use a special registration form crafted by the federal Election Assistance Commission. “The interest that these Arizona organizations have is in protecting their victory that they just won,’ Perales said. She said Bennett’s lawsuit “is essentially trying to make an end-run around the U.S. Supreme Court decision.’ But Bennett said all he is doing is following a roadmap the high court provided when it ruled against Arizona in June.

Arizona: Green Party decertified for low numbers | Your West Valley

Arizonans may not get a chance to vote Green at the next election. Secretary of State Ken Bennett announced Wednesday that the number of people who selected to register as party members has dropped below the legal minimum. That leaves just four official parties: Republican, Democrat, Libertarian and Americans Elect. And that last party also is in trouble: Bennett said its registration also does not have sufficient registrants. But he said that, by virtue of being a new party in Arizona in 2011, is entitled to keep its ballot status through the 2014 election. Bennett said that state law requires a political party to have at least 5 percent of the total number of votes cast for governor or president at the most recent election.

Arizona: Kansas: States Renew Battle To Require That Voters Prove Citizenship | NPR

The conservative-driven movement to expand voter restrictions in the name of reducing polling booth fraud has often been described as a solution in search of a problem. Despite evidence suggesting voter fraud is rare, it’s a crusade that has proved so durable in GOP-dominated states like Arizona and Kansas that its leading proponents are undeterred — even by the U.S. Supreme Court. Get a high court decision that bars you from requiring residents to produce documentary proof of citizenship like a passport or birth certificate when registering to vote? Find a way around the decision, at least for your state, and at least for now. In Arizona and Kansas, that has meant plans to create expensive two-track voter registration systems: one for federal elections that would not require paper proof of citizenship; the other, for state and local elections that would. And the two states are making a parallel effort in U.S. District Court. They have filed a lawsuit challenging a directive in the 1993 National Voter Registration Act that requires states to “accept and use” the federal voter registration form.

Arizona: Illegal immigrant vote-fraud cases rare in Arizona | Arizona Republic

Arizona has spent enormous amounts of time and money waging war against voter fraud, citing the specter of illegal immigrants’ casting ballots. State officials from Gov. Jan Brewer to Attorney General Tom Horne to Secretary of State Ken Bennett swear it’s a problem. At an August news conference, Horne and Bennett cited voter-fraud concerns as justification for continuing a federal-court fight over state voter-ID requirements. And some Republican lawmakers have used the same argument to defend a package of controversial new election laws slated to go before voters in November 2014. But when state officials are pushed for details, the numbers of actual cases and convictions vary and the descriptions of the alleged fraud become foggy or based on third-hand accounts.

Arizona: Measure to overturn new Arizona election law qualifies for ballot | Los Angeles Times

A ballot measure to overturn a Republican-backed state bill that made sweeping changes to Arizona election law was certified this week as having more than enough valid signatures, but on Friday opponents vowed to challenge those signatures in court. The effort to block the measure is the latest round in a growing fight in Arizona that revolves around voter participation and allegations of fraud. Democrats contend that the Republican-led Legislature passed the measure in June as part of a bigger movement to make it more difficult for minorities to vote and third-party candidates to run in the state. Republicans said the law was needed to curb voter fraud and streamline the voting system. Opponents of the law quickly got to work on qualifying a measure for the ballot in the next general election. On Tuesday, Arizona officials announced that the measure had the necessary signatures required for the 2014 ballot.

Arizona: State asks court to force feds to modify voter registration forms | Arizona Daily Star

Saying he is not willing to maintain a dual registration system, Secretary of State Ken Bennett is asking the court to order the federal Election Assistance Commission to modify its voter registration forms to demand proof of citizenship. In legal filings Wednesday, Bennett said he needs an immediate order to ensure that Arizona and Kansas — which is seeking the same relief — are not denied “their sovereign and constitutional right to establish and enforce voter qualifications.” Without the order, Bennett said the state will forced to register unqualified voters. The U.S. Supreme Court in June ruled that Arizona is required to accept the federally designed form, even though it does not require the proof of citizenship that Arizona voters mandated in 2004. The justices, in a 7-2 ruling, said Congress was legally entitled to impose that mandate when it comes to federal elections.

Arizona: Election referendum qualifies for 2014 ballot | Arizona Republic

Backers of a referendum on a controversial state elections law gathered more than enough signatures to put the issue before voters next year, the Arizona secretary of state announced Tuesday. It is the first citizen-driven effort to qualify for the ballot since 1998. The legislation being referred to voters next year, among other things, would allow elections officials to drop people from the permanent early-voting list if they have not voted in two previous federal election cycles, limit who can return a voter’s ballot to the polls, and hike the number of petition signatures that minor-party candidates and Democrats need to run for statewide office. It also would make it more difficult for citizen-driven initiative efforts to qualify for the ballot.

Arizona: Secretary of State determines election law referendum can move forward | The Verde Independent

Counties have verified there are enough valid signatures on petitions to give voters the last word on extensive changes in election laws pushed through the Republican-controlled Legislature. The Secretary of State’s Office said Wednesday that a random check of signatures found 18.38 percent to be invalid. Applying that to the 139,161 that Ken Bennett’s office found preliminarily valid, that leaves backers with 113,583, far more than the 86,405 needed to delay enactment of the law and put the issue on the 2014 ballot. But Barrett Marson said the Republican interests he represents who want the changes on the books may still sue in a last-ditch attempt to keep the issue from voters. “Some of their signature gatherers have significant issues with residency and felonious conduct,’ he said. “This is far from over.’

Arizona: Elections catching up with technology: Changes piloted in November in Pima County | Tucson Citizen

Goodbye, unwieldy manual signature roster books. Hello, tablets. Under a pilot project being implemented by Pima County in the Nov. 5 Vail incorporation election, voters who go to the polls will be able to use a mobile computer that’s smaller than a laptop to sign for their ballots. … The polling places also will no longer use precinct-based scanning equipment. Instead, voters will drop their ballots into a secure box that is under observation at all times by poll workers and then securely transported to a central tabulating facility at the Elections Office located at 6550 S. Country Club Road. Independent observers will continue to oversee the process and results will be audited.

Arizona: Bennett seeks legal relief on proof of citizenship on voter registration forms | The Verde Independent

Not willing to maintain a dual registration system, Secretary of State Ken Bennett wants a court to order the federal Election Assistance Commission to modify its voter registration forms to demand proof of citizenship. In legal filings Wednesday, Bennett said he needs an immediate order to ensure that Arizona — and Kansas, which is seeking the same relief — are not denied “their sovereign and constitutional right to establish and enforce voter qualifications.’ Without the order, Bennett said the state will forced to register unqualified voters. The U.S. Supreme Court in June ruled that Arizona is required to accept the federally designed form even though it does not require the proof of citizenship that voters mandated in 2004. The justices, in a 7-2 ruling, said Congress was legally entitled to impose that mandate when it comes to federal elections. But Bennett concluded earlier this month there is a legal work-around: a dual voter registration system, one for those who can prove citizenship and can vote on all races, and a second for those without such proof who could vote only in federal contests. And he ordered counties to put that into place just weeks ago.

Arizona: The Cost of a Two-Tiered Election in Arizona | Pew

Arizona election officials are planning to provide two types of ballots for the next election following an opinion by the state’s attorney general.  In the most populous county, Maricopa, this change could cost an additional $250,000 per federal election cycle. The opinion by Attorney General Tom Horne came in response to questions from Arizona Secretary of State Ken Bennett regarding a 2013 U.S. Supreme Court decision, Arizona v. Inter Tribal Council of Arizona Inc. The court ruled 7-2 that Arizona could not require proof of citizenship from people using the federally provided national mail voter registration form but upheld a state law requiring proof of citizenship for registrants using the state form.

Arizona: Redistricting Commission asks court to dismiss challenge to Congressional lines | Arizona Daily Star

Attorneys for the Independent Redistricting Commission are asking a federal court to dismiss what they contend is a power grab by state lawmakers. Legal papers filed late Friday in federal court acknowledge there was a loss of power by the Legislature in 2000 when voters approved creating the commission and gave it the power to draw the lines for congressional and legislative districts. But Mary O’Grady said that does not make the system illegal. “That was the intent,’’ she wrote. O’Grady said the leaders of the Legislature, who are trying overturn at least part of the 2000 initiative, are “concerned more with the loss of power than the will of the people who elect its members.’’ The filing comes as Ray Bladine, the commission’s executive director, said lawmakers need to allocate at least another $1.25 million for the balance of this budget year which runs through June 30. And the big cost is defending three lawsuits against the commission, including this one filed by the Legislature.

Arizona: Court blocks new campaign finance law | Arizona Daily Star

The state Court of Appeals on Tuesday blocked enactment of a new state law allowing candidates to take sharply higher campaign donations. In a brief ruling, the three-judge panel essentially accepted arguments by the attorney for the Citizens Clean Elections Commission that there is reason to believe the higher limits, approved earlier this year by the Republican-controlled Legislature, are illegal. The court did not explain which of two legal theories advanced by Joe Kanefield they were accepting.

Arizona: Kansas and Arizona Ready Plans to Keep Voters from Voting in State Elections | AllGov

Threatening to upend a tradition of equality that dates back to the founding of the country, Republican political leaders in Kansas and Arizona are discussing plans to establish a multi-tier voting rights system for their states if they lose a voting rights case currently in federal court. The net effect would be to bar some U.S. citizens—mostly immigrants, racial minorities, the elderly, and the poor—from voting in state and local elections even as they cast ballots in federal contests. For the past several years, in response to ongoing demographic changes that are making the U.S. increasingly non-white and non-Anglo-Saxon, Republican-dominated state legislatures have passed a variety of laws making it harder to register or to vote. But this summer, the U.S. Supreme Court struck down an Arizona law requiring voters to provide proof of citizenship when registering because the national “motor voter” registration form demands only a signed oath of citizenship. The Court held that states cannot increase the federal voter registration requirements on the motor voter form, but they may ask the U.S. Election Assistance Commission (EAC) to add requirements to it. Rebuffed by the EAC, Kansas and Arizona filed a court case to bend the EAC to their will, but in the likely event they fail, the tiered voting system is a backup plan.

Arizona: Kansas: 2 States Plan 2-Tier System for Balloting | New York Times

Barred by the Supreme Court from requiring proof of citizenship for federal elections, Arizona is complying — but setting up a separate registration system for local and state elections that will demand such proof. The state this week joined Kansas in planning for such a two-tiered voting system, which could keep thousands of people from participating in state and local elections, including next year’s critical cycle, when top posts in both states will be on the ballot. The states are using an opening left in June by the United States Supreme Court when it said that the power of Congress over federal elections was paramount but did not rule on proof of citizenship in state elections. Such proof was required under Arizona’s Proposition 200, which passed in 2004 and is one of the weapons in the border state’s arsenal of laws enacted in its battle against illegal immigration. The two states are also jointly suing the federal Election Assistance Commission, arguing that it should change the federal voter registration form for their states to include state citizenship requirements. While the agency has previously denied such requests, the justices said the states could try again and seek judicial review of those decisions. “If you require evidence of citizenship, it helps prevent people who are not citizens from voting, and I simply don’t see a problem with that,” said Tom Horne, the Arizona attorney general.

Arizona: Not All Voters Equal as States Move to Two-Tier Ballots | Bloomberg

Arizona and Kansas, where top state posts come up for grabs next year, are creating two-tiered voting systems to bar some residents from casting ballots in all but congressional races unless they prove they’re U.S. citizens. The dual methods are in response to a U.S. Supreme Court ruling in June that bars Arizona from rejecting federal voter-registration forms that don’t include proof of citizenship, which is required by both states. To comply, both plan to provide those voters with ballots listing just federal races. “It is quite likely going to disenfranchise a number of voters,” said Julie Ebenstein, a lawyer with the Voting Rights Project of the American Civil Liberties Union in New York. “It is going to cause a lot of expense to county election officials and confusion.”

Arizona: Officials say rule may keep thousands from voting | Los Angeles Times

An Arizona plan to tighten voter registration would create a two-tiered voting system in time for next year’s elections but affect only several thousand people, some of whom could be denied participation in state and local elections, state officials said Tuesday. Voting rights activists, however, said that many more eligible voters probably would choose not to participate because of confusion over the new plan, which is expected to be challenged in court. The new system will essentially have separate voter rolls. Those who registered using a state form and documented their U.S. citizenship will receive a full ballot for federal, state and local elections, and those who registered using a federal form but whose citizenship could not be fully verified would be able to vote only in federal elections. In a practical sense, just because a potential voter registered using a federal form doesn’t automatically exclude that voter from participating in local and state elections, experts and county officials said.

Arizona: Counties: At least 1,400 affected by AG ruling on voting/citizenship proof | Cronkite News

At least 1,400 Arizonans would be allowed to vote only in federal elections under a rule announced this week by Attorney General Tom Horne, according to a survey of county election officials. The rule requires counties to maintain one list for voters who used state registration forms or provided proof of citizenship and one for those who used a federal form and didn’t provide evidence of citizenship. Horne issued the opinion at the request of Secretary of State Ken Bennett, who asked how to comply with both a state law requiring proof of citizenship to vote and a U.S. Supreme Court decision that said the state cannot require people who use the federal form to provide additional proof of citizenship. Horne’s office said Arizona has filed suit to change the federal form to allow the state to require proof of citizenship. In Maricopa County, Recorder Helen Purcell said around 900 people used the federal form but didn’t include additional proof of citizenship, such as a driver’s license number.

Arizona: Ballots could split federal, state races to enforce citizenship-to-vote law | Arizona Daily Star

Secretary of State Ken Bennett is directing election officials to separate their federal election ballots from state and local races to keep those who cannot prove citizenship from voting in the latter. Bennett’s order followed a formal opinion Monday by state Attorney General Tom Horne. He conceded that, for the time being, Arizona must allow people who use a special form designed by the federal Election Assistance Commission to register to vote, even though that form does not require proof of citizenship. Arizona voters mandated such proof in 2004. But the U.S. Supreme Court concluded Congress is entitled to require states to accept the federally designed registration form. Horne said Monday that he believes that directive applies only to elections for federal offices like the president and congressional races, which he believes frees Arizona to apply its proof-of-citizenship mandate for anyone who wants to vote for anything from governor on down the ballot.

Arizona: State to have two-track voting system | AZ Central

Arizona elections officials are preparing to use a dual-track voting system in next year’s elections that would require the use of two different ballots, depending on how a voter was registered. Under the system, voters who registered with federal registration forms would be allowed to vote only in federal elections, while those who used state forms and showed proof of citizenship would be allowed to vote in federal, state and local contests. The move is expected to affect 900 people and cost an extra $250,000 in Maricopa County alone. The shift, triggered by an opinion Monday from state Attorney General Tom Horne, was immediately labeled as a restriction on voting rights. But Horne and Secretary of State Ken Bennett said the move is necessary to comply with an Arizona voter mandate as well as federal law. The new procedure singles out the several thousand Arizonans who registered to vote using the federal registration form, which does not require documents to prove U.S. citizenship. Those voters are eligible to vote only in federal elections, Horne wrote, with the next opportunity being in August, when all nine congressional seats are on the ballot.

Arizona: State to Trim Voting If Citizenship Proof Lacking | Associated Press

Arizona officials will seek to ban residents from voting in statewide races if they can’t prove citizenship — a move that critics called vindictive in light of a recent U.S. Supreme Court ruling that said the state couldn’t require such documentation to cast ballots for federal offices. The change was announced Monday by Attorney General Tom Horne and Secretary of State Ken Bennett, both Republicans. “Because Arizona law requires a registration applicant to provide evidence of citizenship, registrants who have not provided sufficient evidence of citizenship should not be permitted to vote in state and local elections,” Horne wrote in an opinion that was intended to give guidance on how to conduct the 2014 elections. The Supreme Court in June struck down part of a 2004 voter-approved state law that required proof of legal U.S. residency to vote in any Arizona elections.

Arizona: Group opposing voter referendum on new election law wants some signatures tossed | Associated Press

A group supporting a sweeping new Republican-backed election law wants the Secretary of State’s office to invalidate some petitions demanding a voter referendum. Wednesday’s letter from lawyers for a group calling itself Stop Voter Fraud demanded that Secretary of State Ken Bennett throw out signatures on petitions collected by four circulators because they’re allegedly felons. Bennett spokesman Matt Roberts said the Secretary of State by law can’t toss the petitions. “They’re asking us to do things that we’re not statutorily able to do,” Roberts said. “Usually these things move through the courts and I expect this to be no different.” The bill was backed by Republicans and passed in the last hours of the legislative session in June over the opposition of Democrats. They called it a thinly veiled effort to keep Republicans in power by creating new hurdles for low-income voters and some candidates.

Arizona: Clean Election Commission asks court to overturn judge’s ruling – quickly | The Verde Independent

Saying a quick answer is needed, the Citizens Clean Election Commission asked the Court of Appeals on Wednesday to overturn a trial judge’s decision allowing candidates to take a lot more money from political supporters. Tom Collins, the commission’s executive director, said his board believes the judge erred in concluding that lawmakers are free to reset the donation limits to whatever they want. The commission believes those limits are linked to the parallel public funding system, which, by virtue of being enacted by voters, is protected from legislative tinkering. Potentially more significant, Collins said last week’s ruling by Maricopa County Superior Court Judge Mark Brain allowed candidates for legislative office to immediately start accepting up to $4,000 from individual donors and political action committees. The old limits — the one Collins is trying to have restored — cap that at $440.

Arizona: Petition drive seeks to block ‘bad’ election laws | Camp Verde Bugle

Voters apparently are going to get the last word on controversial changes in state election laws pushed through by Republicans at the end of last session. Backers of a referendum drive turned in 146,028 signatures on petitions to block the changes from being implemented as scheduled on Friday. If the Secretary of State determines there are at least 86,405 valid signatures — and a likely legal challenge falters — the law will remain on hold until voters can ratify or reject it at the 2014 election. “It’s not every day that voters get the opportunity to refer a bad piece of legislation to the ballot,’ said Julie Erfle who chairs the campaign. The last successful referendum drive was in 1998.