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.

Arizona: DNC targets Arizona election-law overhaul | AZ Central

National Democrats will support the fight to overturn a controversial election-law overhaul signed by Arizona Gov. Jan Brewer, Democratic National Committee Chairwoman Debbie Wasserman Schultz said Friday. Wasserman Schultz called the Arizona legislation, House Bill 2305, an attempt at intimidation and an example of “Republican efforts to do everything they can to throw obstacles in the path of voters who simply want an opportunity to cast their ballot and exercise their right to vote.” An effort to refer the state law to the ballot is under way. “We’re organizing here and across the country to fight voter-suppression efforts at every turn,” Wasserman Schultz told The Arizona Republic. “Where lawsuits are necessary, we’ll engage in them. We are providing staff and resources on the ground and working with allied groups to fight these voter-suppression efforts.”

Arizona: Accepting Scalia’s Offer, Arizona Sues Obama Administration On Voting Rights | TPM

Arizona and Kansas have taken Supreme Court Justice Antonin Scalia’s suggestion and sued the Obama administration in a continuing effort by both states to require proof of citizenship in order to register to vote. The lawsuit, filed Wednesday, was announced by Arizona’s Attorney General Tom Horne and Secretary of State Ken Bennett, and joined by Kansas Secretary of State Kris Kobach, a high-profile architect of restrictionist laws, including Arizona’s Senate Bill 1070. The issue involves the 1993 National Voter Registration Act, also known as the “motor voter” law, which requires states to let people register to vote simply by attesting they are citizens, when renewing their driver’s license or applying for social services. A 2004 law adopted by the voters in Arizona added the requirement that people registering to vote also provide proof of citizenship. The Supreme Court struck down that law earlier this year, concluding that it is trumped by the motor voter law. Arizona, the court ruled, could not add new requirements to the form prescribed by the federal law. But during oral arguments in March, Scalia expressed his bafflement that Arizona did not launch a broader assault on the constitutionality of the NVRA form, written by the Election Assistance Commission. The state simply contended in that case that its proof of citizenship law did not violate the federal law. Even Scalia disagreed with that, voting against Arizona in the ruling, but also giving them a valuable tip in his 7-2 majority opinion.

Arizona: Rep. Matt Salmon Proposes Term Limits Constitutional Amendment | Politix

Rep. Matt Salmon, who stuck to his term limits pledge for his first House stint, is proposing a constitutional amendment the limit the length of lawmakers' time in office. The Arizona Republican has introduced a proposed constitutional amendment to impose strict term limits on Congress. The measure would prohibit the route Salmon took in his political career. No one could return to Washington after meeting the limit of terms, even if they sat out for a few years. Salmon was elected to three terms, beginning in 1994. He abided by his self-imposed term limits pledge and retired after the 2000 elections. In the interim Salmon ran for governor in 2002, losing narrowly, and later served as chairman of the Arizona Republican Party, among other roles.

Arizona: State pushing again to demand proof of citizenship to vote | East Valley Tribune

Arizona is renewing its bid to let election officials here demand proof of citizenship from everyone registering to vote, paving the way for yet another lawsuit. In a letter to the acting executive director of the Election Assistance Commission, state Attorney General Tom Horne demanded that she allow Arizona to require that those registering to vote using a commission-designed form first show they are citizens. Horne told Alice Miller he expects action by Aug. 19 or he will sue. But Nina Perales, an attorney with the Mexican American Legal Defense and Education Fund, said Horne should not expect approval. She said the commission staff rejected an identical request in 2005, a decision left intact by a 2-2 vote of the panel itself. And Perales insisted nothing has changed since then. Horne said if that happens he will seek court review. The fight concerns a 2004 voter-approved measure which requires both proof of citizenship to register and identification to cast a ballot at the polls. Foes challenged both.

Arizona: Attorney General Horne threatens lawsuit over voter registration | Arizona Daily Star

Arizona is renewing its bid to let election officials demand proof of citizenship from everyone registering to vote, paving the way for yet another lawsuit. In a letter to Alice Miller, acting executive director of the Election Assistance Commission, state Attorney General Tom Horne demanded she allow Arizona to require proof of citizenship from those registering to vote using a commission-designed form by Aug. 19 or he will sue. Nina Perales, an attorney with the Mexican American Legal Defense and Education Fund, said Horne should not expect approval. She said the commission staff rejected an identical request in 2005, a decision left intact by a 2-2 vote of the panel itself. And Perales insisted nothing has changed since then. If that happens, Horne said he will seek court review.

Arizona: State Supreme Court opts not to hear campaign finance issue | East Valley Tribune

The Arizona Supreme Court refused Tuesday to step into the fight over whether legislators broke the law by sharply increasing how much candidates can take from private donors and special interests. In a brief order, the justices rejected a bid by challengers to immediately take up the issue. They gave no reason for the ruling. The move does not mean the challengers have lost. Instead it simply means they need to make their case first to a trial judge. And whatever that judge rules likely eventually will wind up before the high court — though that could take months or longer. But it is a setback for the challengers who had hoped to get a final ruling before the higher contribution limits take effect in less than two months. They had hoped to get at least an interim order blocking the law before money starts changing hands. Current law limits how much individuals and political action committees can give, both to any one candidate and to all candidates in any election cycle.

Arizona: Who controls local elections at issue in suit against state | Arizona Daily Star

Tucson will be in court today for the first round in its most recent legal battle with the state over who controls local elections. Tucson and Phoenix will jointly ask Pima County Superior Court Judge James Marner to overturn a state law mandating all elections occur in even-numbered years. The Legislature passed the bill in 2012 over the vehement opposition of most incorporated cities and towns across the state. Supporters of the measure say the bill will increase voter turnout and save money since turnout is higher in even-numbered years when national and statewide offices are on the ballot. Opponents say the bill will harm cities since municipal contests will be relegated to the bottom of a multi-page ballot.

Arizona: GOP: Voting Rights Act ruling changes redistricting lines | AZ Daily Sun

Last month’s U.S. Supreme Court ruling voiding a key section of the Voting Rights Act requires the lines for the state’s 30 legislative districts to be redrawn before the 2014 election, an attorney for Republican interests is contending. In legal papers filed in federal court late Friday, attorney David Cantelme said the Independent Redistricting Commission’s own data shows that it overpopulated some of the districts and underpopulated others. The result, Cantelme said, was to politically disadvantage Republican candidates to the benefit of Democrats. Cantelme also pointed out to the three-judge panel hearing his legal challenge that the commission’s key legal argument for why it made those decisions was that it needed comply with the federal Voting Rights Act. More to the point, commissioners wanted to ensure that the map it drew was “precleared” by the U.S. Department of Justice as not diluting the voting strength of minorities. But the high court last month overturned a provision of that law that created a formula to identify which states and counties have a history of discrimination and therefore must submit any changes in voting laws to be precleared. That list included nine states, including Arizona, and parts of several others.

Arizona: Senator begins campaign to counter election referendum | Havasu News

Calling a referendum drive misleading, a state senator has launched a campaign to keep voters from overturning extensive changes to voting laws made by the Republican-controlled Legislature. Sen. Michele Reagan, R-Scottsdale, wants to collect funds to counter the petition drive that would force a public vote on the provisions of HB 2305. The provisions range from allowing election officials to stop sending early ballots to some voters, to putting potential new legal hurdles in the path of people who want to propose their own state laws and constitutional amendments. Reagan said each of the sections helps ensure the integrity and fairness of elections.

Arizona: Lawmaker wants to block public vote on ballot changes | AZ Daily Sun

Calling a referendum drive misleading, a state senator has launched a campaign to keep voters from overturning extensive changes made by the Republican-controlled Legislature to voting laws. Sen. Michele Reagan, R-Scottsdale, wants to collect funds to counter the petition drive to force a public vote on the provisions of HB2305. These range from allowing election officials to stop sending early ballots to some voters to putting potential new legal hurdles in the path of people who want to propose their own state laws and constitutional amendments. Reagan said each of the sections helps ensure the integrity and fairness of elections.

Arizona: Supreme Court’s Voting Rights Decision Contradicts Arizona Ruling | Highbrow Magazine

The Supreme Court dealt a blow to the Voting Rights Act last week, only two weeks after ruling that an Arizona law requiring proof of citizenship to register to vote is unconstitutional. The Court’s decision last Tuesday and the idea underpinning it – that voter suppression of ethnic minority and poor voters is no longer an issue that warrants the same federal protections as it once did – sits at odds with their ruling on the Arizona voter ID law, which was a clear acknowledgment that state laws can, at times, be discriminatory. “Arizona is the poster child of the need for federal oversight,” said Democratic Senator Steve Gallardo. In a 5 to 4 ruling, the U.S. Supreme Court did away with Section 4 of the Voting Rights Act (VRA) that required Arizona and other states to get pre-approval from the federal government before implementing changes to their state voter laws.

Arizona: Opponents try to force vote on election changes | Associated Press

A group opposed to a new law overhauling the early voting process in Arizona and making it more difficult for third-party candidates to get on the ballot has filed for a citizen's referendum. The Protect Your Right to Vote Committee filed the referendum on Monday. If it collects 86,405 valid signatures by Sept. 12 the law will be put on hold until the November 2014 general election.