Arizona: Citizenship mandate challenged | SCOTUSblog

Challengers to Arizona’s eight-year-old mandate that voters must prove that they are U.S. citizens before they may register to go to the polls argued Monday that the state has not offered any evidence that the requirement is necessary to prevent fraud in elections.   Urging the Supreme Court to leave undisturbed a Ninth Circuit Court decision striking down the citizenship rule, the opponents of Arizona’s “Proposition 200″ contended that a delay of that ruling will interfere with voting in this year’s elections and drive potential voters away from the polls.  Two responses to Arizona’s plea for postponement can be read here and here. The state’s voters approved the citizenship mandate in 2004, and its enactment has led to a continuing courthouse battle that has been to the Supreme Court once before, and even led to an earlier Ninth Circuit ruling against the requirement by retired Justice Sandra Day O’Connor, sitting temporarily as a federal appeals court judge.  Indeed, her name was invoked by the challengers as they sought to head off Arizona’s stay application (11A1189).

Arizona: Phoenix OKs redistricting map but still may consider an alternative | azcentral.com

The Phoenix City Council voted on a final redistricting plan Tuesday afternoon, but the fight over where to redraw new lines for council districts may not be over. District 6 City Councilman Sal DiCiccio said he wants elected officials to reconsider an alternative council district map he introduced at the meeting that slightly modifies the map the council adopted 8-1. He said he’ll ask for a reconsideration of the city’s redistricting plan, and the City Council ordered staff to run an analysis on DiCiccio’s alternative map. DiCiccio’s map proposes his district retain or lose certain voting precincts on the edges of his district, which covers the Biltmore, Arcadia and Ahwatukee Foothills areas.

Arizona: Voter ID law opponents ask Supreme Court to let lower court’s rejection stand | Arizona Capitol Times

Opponents of Arizona’s voter identification law asked the U.S. Supreme Court Monday to let a lower court decision take effect that would end the state’s requirement of proof of citizenship for voter registration. Justice Anthony Kennedy last week ordered a temporary stay of that ruling in response to state officials who said the decision, coming “on the eve of a new election cycle,” would have thwarted Arizona’s ability to “ensure fair federal elections.” Kennedy gave opponents of the law until Monday to file a response to the stay. Arizona Attorney General Tom Horne has until Wednesday to reply. Arizona has been requiring proof of citizenship since 2005, after the passage of Proposition 200. That law requires county recorders to reject any voter registrationform without proof of citizenship and it requires people to present identification when they show up to vote.

Arizona: Voter-ID Law Gets Temporary Pass From U.S. Supreme Court Justice Anthony Kennedy | Phoenix News

In April, the U.S. Ninth U.S. Circuit Court of Appeals struck down a portion of Arizona’s voter-approved voter-ID law, intended to keep non-citizens from voting. Because of that ruling, Arizona was supposed to stop enforcing the law. But a new order by U.S. Supreme Court Justice Anthony Kennedy permits the law to go into effect — for the time being. Kennedy’s order comes in response to Arizona Solictor General David Cole’s motion on Wednesday that sought a stay to the Ninth Circuit’s ruling.

Arizona: State allowed to keep law that demands proof of citizenship for voter registration | East Valley Tribune

Arizona can continue to demand proof of citizenship before registering voters, at least for the time being.
In a brief order Thursday, U.S. Supreme Court Justice Anthony Kennedy blocked a ruling against the state from taking effect as scheduled Friday. Instead, he directed those who successfully challenged the requirement to file legal papers by the end of the day Monday explaining why the April decision by the 9th Circuit Court of Appeals should be upheld. It does not mean the high court intends to overturn the ruling — or even from preventing it from taking effect while the state seeks review. But it does mean that at least one justice thinks the issue is significant enough to require an immediate look by him and his colleagues.

Arizona: Delay in Arizona election case | SCOTUSblog

Justice Kennedy has issued a temporary order delaying the Ninth Circuit Court’s ruling, at least until further briefs are filed in the case.  The Circuit Court mandate was due to be issued tomorrow, but now will be delayed until at least next Wednesday afternoon.  The challengers to the Arizona citizenship proof requirement are to file a brief by Monday afternoon, with a state reply due by noon Wednesday.   Earlier today, this post was updated to provide a link to the application, here. Arizona state officials asked the Supreme Court on Wednesday to allow election officials there to demand that all voters show proof of citizenship before they may register to vote   The divided en banc Ninth Circuit Court ruled in April that the citizenship proof requirement conflicts with a 1993 federal law passed to make it easier for individuals to sign up to vote.  The state took its plea for a delay of that ruling, for the duration of this year’s election season, to Justice Anthony M. Kennedy, who has the option of acting alone or referring the issue to his eight colleagues.  The application (11A1189) was filed in Arizona v. Gonzalez, et al.  The en banc Ninth Circuit, over three judges’ dissents, had denied a stay last week.

Arizona: Phoenix fights law dictating election years | azcentral.com

Phoenix is preparing to sue the state to block a new law that would force Arizona cities and towns to hold elections in the fall in the same years as state general elections. City Council members who want to challenge the law say it infringes on the city’s authority to control its own affairs and govern based on its city charter. Some are also worried about the unintended consequences of the law, such as forcing sitting council members to serve at least a year longer than their elected terms to comply with the legislation. If Phoenix follows through with the suit, the League of Arizona Cities and Towns and other municipalities likely will add their support, league officials said. But not all council members agree with a legal challenge. Some question why the city should fight legislation aimed at increasing voter turnout and saving taxpayers money.

Arizona: Today’s special election held in the shadow of Obama, former Rep. Giffords | The Hill

President Obama and former Rep. Gabrielle Giffords (D-Ariz.) aren’t on the ballot in Tuesday’s special election, but the two have become central figures in the fight for control of the southern Arizona district. From the start of the race, Republicans attempted to make the contest about Obama and Democrat Ron Barber’s support for the president and his policies. But in recent weeks, as the national fight between the two parties has escalated, the race has taken on a larger significance for both.

Arizona: Redistricting headed to two courts | Arizona Daily Sun

The Independent Redistricting Commission wants a judge to throw out efforts by Republicans to void the map it created for the state’s nine congressional districts. Legal papers filed late Monday charge that those seeking a new map are using “innuendo, selectively extracted transcript experts, and speculation to weave a conspiracy theory intended to cast doubt on the commission’s work.” Attorneys for the commission also said the lawsuit never says that the maps, which will be used beginning this year, do not meet the constitutional goals. These range from requirements to comply with the federal Voting Rights Act to creating compact districts and protecting communities of interest. Instead, Mary O’Grady and Joe Kanefield, the two lead attorneys for the commission, told Maricopa County Superior Court Judge Mark Brain that the complaint is instead focused on “manufacturing flaws” about the procedures used to draw the map.

Arizona: Redistricting panel wants GOP suit tossed | Arizona Daily Star

The Independent Redistricting Commission wants a judge to throw out efforts by Republicans to void the map it created for the state’s nine congressional districts. Legal papers filed late Monday in Maricopa County Superior Court charge those seeking a new map are using “innuendo, selectively extracted transcript experts, and speculation to weave a conspiracy theory intended to cast doubt on the commission’s work.” Meanwhile, in a related lawsuit in U.S. District Court, a Democratic lawyer has questioned whether the judge hearing a challenge to the state’s 30 legislative district lines should be removed because 10 years ago he represented the Republicans in a similar fight over the redrawing of political boundaries. Republicans are challenging the new congressional and legislative district lines, saying the commission favored Democrats in drawing the lines, which will be used in elections for the next 10 years, and violated several mandates of the 2000 voter-approved initiative creating the commission, and in both cases the failure to follow procedures resulted in maps that do not meet the constitutional requirements.

Arizona: New state law could alter future election dates in city, county | Mohave Daily News

A bill signed by the Arizona governor that would consolidate elections could impact city and county elections in Mohave County. Gov. Jan Brewer signed into law House bill HB-2826 that would consolidate elections effective in 2014. The goal of the bill was to increase voter turnout and to reduce the cost of an election. Bullhead City will hold elections for four council members with the primary in March 2013 and the runoff election in May 2013. The new council members will serve 31⁄2-year terms with the next primary and general elections for those seats to be held in August and November 2016. After the 2013 election, Bullhead City as well as Kingman and Lake Havasu City will hold elections in the fall along with state and national elections, Bullhead City Clerk Sue Stein said.

Arizona: Election officials oppose redrawing districts | Arizona Daily Star

Election officials from around the state are lining up to oppose a bid by a Republican-backed group to get a court to force new lines to be drawn for this year’s legislative elections. Maricopa County Elections Director Karen Osborne, who is leading the charge, filed legal papers late Wednesday to intervene in the federal court lawsuit. The county’s position is a panel of judges being convened to look at the work of the Independent Redistricting Commission should keep its hands off the lines, at least for the time being. Osborne said the issue has nothing to do with politics. She said it does not matter to her who runs for the Legislature and where their districts are. And Osborne said she takes no position on the charge by critics of the commission that the maps are biased against Republicans. The problem, she said, is timing.

Arizona: Cities, counties urge Governor to veto consolidated Arizona elections bill | Arizona Capitol Times

Dozens of local and county officials are asking Gov. Jan Brewer to veto a bill that would force cities to consolidate their election dates with the state. The officials appealed to Brewer’s background as a county supervisor and secretary of state, asking her to help cities maintain local control of their elections. They argued that HB2826 would stamp out local control, politicize non-partisan elections and increase election costs. HB2826 would force all cities in Arizona to hold their primary and general elections for candidates in even-numbered years beginning in 2014, at the same time as state and federal elections. Twenty-seven county election officials signed a letter to Brewer, urging her to veto the bill. At least 40 of the 76 municipalities that would be affected, along with the League of Arizona Cities and Towns, also sent letters to the governor, according to Ken Strobeck, the league’s executive director.

Arizona: Plan to Repay Russell Pearce’s Recall Election Expenses Fails | Fox News

Friends of the former Arizona state senator known nationally for his tough stance on U.S.-Mexico border policy failed to pass legislation that would have repaid him for expenses related to fighting the voter effort that removed him from office. Critics said it would be outrageous to reimburse Russell Pearce, the suburban Phoenix Republican who had been one of Arizona’s most powerful politicians. Democratic Sen. Linda López said she’d received more than 150 emails critical of the proposal, “and they’re still coming in. People don’t know it’s not going anywhere.”

Arizona: Bill limiting local election dates goes to Governor | Arizona Daily Star

Insisting they know better, state lawmakers voted Monday to limit local elections to just two days every two years. HB 2826 says, with only a few exceptions, cities, counties, school districts and other government entities could have their elections only at the same time as the state. That means the same days as the statewide primary, which usually occurs in late August, and the general election in November. The 32-28 House vote came over the objections of lawmakers from both parties who questioned why the state should overrule what local communities have decided. “Local rule is still the best rule,” complained Rep. Cecil Ash, R-Mesa. It also presages a legal fight.

Arizona: Redistricting maps challenged by lawsuits | Arizona Republic

Arizona’s contentious redistricting process heated up again with the filing Friday of a pair of Republican-backed lawsuits challenging new congressional and legislative districts approved by a state commission. Each lawsuit asked a court to declare one of the maps unconstitutional and to order the state’s redistricting commission to draw a replacement map for use in elections after this year. However, the lawsuit challenging the legislative districts asked that a three-judge panel of federal judges draw an interim legislative map for use in this year’s elections. The suit filed in state court to challenge the map of nine U.S. House districts doesn’t ask for an interim map.

Arizona: U.S. Justice Department signs off on district maps | Arizona Republic

The U.S. Department of Justice approved Arizona’s new legislative map Thursday, making official what most candidates are already taking for granted. The approval marks the first time in four decades that Arizona’s legislative map has won Justice Department approval on the first submission, according to attorneys for the Arizona Independent Redistricting Commission. The agency had no objections to the map, which the commission approved in January. It creates 30 new legislative districts across the state to reflect population shifts over the past decade. Most candidates eyeing a seat in the Legislature have already relied on the new map as they have declared their intentions to run.

Arizona: State heading back to Supreme Court over voter ID law | New York Amsterdam News

The state of Arizona wants the U.S. Supreme Court to overturn the appeal by the federal government of a law that would allow them to practice their own enforcement regarding immigrants. Last week, the U.S. Court of Appeals for the Ninth Circuit upheld Arizona’s requirement that voters show identification at the polls, but disallowed the requirement to show proof of U.S. citizenship in order to register to vote in federal elections. Known as SB 1070, the law, if overturned by the court, would allow Arizona’s law enforcement officials to arrest and detain individuals who might be undocumented immigrants without any federal oversight or regard for federal priorities. Under the law, failure to comply with registration requirements would result in an inability to vote in elections.

Arizona: Ruling on voter requirement mixed – will be appealed to Supreme Court | azcentral.com

The U.S. Court of Appeals for the 9th Circuit has struck down Arizona’s 2004 voter-approved requirement that residents show proof of citizenship when they register to vote — at least on federal registration forms. The state can still require proof from voters submitting a state registration form, which is typically the form voters get from their county recorder’s offices and through the Motor Vehicle Division’s website. The 11-judge “en banc” appeals-court panel on Tuesday upheld the portion of the law requiring voters to show identification at the polls. Attorney General Tom Horne said he would appeal the portion of the law the panel overturned to the U.S. Supreme Court. Judge Sandra S. Ikuta, who wrote in the majority opinion, said the Constitution requires the court to “safeguard” certain federal powers, including regulating federal elections. Among its provisions, the National Voter Registration Act creates a standard federal registration form that all states must accept. It requires applicants to sign a statement that they are citizens, but it does not require them to show proof.

Arizona: Court Upholds Voter ID Law, Strikes Down Proof of Citizenship Requirement | Fox News

Arizona has racially polarized voting and discriminated against Latinos, but a voter identification law did not disenfranchise Hispanics, a Court of Appeals ruled. A 12-member panel of the 9th Circuit Court of Appeals upheld a law that required voters to show ID before casting their ballots, ruling it didn’t give Latinos less opportunity to vote. The court, however, struck down a critical provision of the law, known as Proposition 200,  that required that voters to show proof of U.S. citizenship to register to vote in federal elections. The court ruled the federal National Voter Registration Act trumps that section of the Arizona law.   MALDEF, a Latino civil rights organization, one of the organizations that challenged the 2004 law, hailed the decision.

Arizona: Appeals court upholds Arizona’s requirement that people show identification before they can vote | AP/The Republic

An appeals court upheld a requirement in a 2004 Arizona law that voters show identification before they can cast ballots. The court says there wasn’t evidence that the mandate disparately affected Latinos as the challengers of rules had alleged. A 12-member panel of the 9th Circuit Court of Appeals says in a ruling Tuesday that there was evidence Arizona has racially polarized voting and a history of discrimination against Latinos.

Arizona: Election for Giffords’ seat a mercurial race | The Arizona Republic

The hasty race to fill Gabrielle Giffords’ former seat in Congress has set up a contest between her chosen Democratic successor and a mix of Republican candidates that could help to augur the outcome of other toss-up races throughout Arizona and the nation. The district that covers part of Tucson, Sierra Vista and a section of the U.S.-Mexico border is nearly split between Republicans and Democrats. Now, with a primary on Tuesday, candidates are scrambling to lock up the rest of their support, even as emotions remain raw over the 2011 shooting, which killed six and wounded 13, including Giffords. One GOP leader near Tucson choked up last month while wishing the three-term Democrat well before a debate among the four Republican candidates.

Arizona: Congressional district map clears U.S. review | Arizona Republic

The U.S. Department of Justice on Monday approved a new congressional-district map for Arizona, erasing any lingering questions about which geographic areas candidates will run this fall. The OK comes as candidates have already largely embraced the map, which the Arizona Independent Redistricting Commission created in January. It reconfigures congressional-district lines to reflect population changes documented by the 2010 census. It also adds a ninth district, the result of population growth over the last decade. The approval means the redistricting commission met its goal to get federal approval the first time it submitted a map. Arizona needs Justice Department pre-clearance for any election-law changes because of past problems with the federal Voting Rights Act, which is designed to protect minority voting rights. “One down, one to go,” said Ray Bladine, the commission’s executive director.

Arizona: Changes sought in rules for recall vote | Arizona Daily Star

Senate Republicans are moving to keep Democrats from doing to them what they did to Russell Pearce. Legislation set for debate today at the Senate Judiciary Committee would scrap the rules mandating that recall elections be conducted as nonpartisan contests. Instead, anyone who wants to replace a sitting official would first have to survive a partisan primary. The change is crucial.

Arizona: Special election set for June 12 to fill Giffords’ seat | chicagotribune.com

Arizona Governor Jan Brewer on Friday ordered a special general election to be held on June 12 to fill a congressional seat vacated by Tucson Democrat Gabrielle Giffords, who resigned to focus on recovering from a gunshot wound to the head. The Republican governor also set an April 17 primary to choose the candidates who will vie to replace Giffords in what has proved to be a highly competitive district in southern Arizona. Giffords left office on Wednesday, cutting short her third term representing Arizona’s 8th congressional district as she continues to recover from a gunshot wound that left her with faltering speech and physical impairments.

Arizona: Gabby Giffords’ Resignation Prompts Race For Congressional Seat | Huffington Post

Rep. Gabrielle Giffords’ decision to step down from her congressional seat sets up a wide-open race to fill her spot in a conservative-leaning Arizona district that has a history of electing moderates from both parties. The congresswoman’s decision announced Sunday also will trigger not one but two entire election cycles before the end of the year, with different district lines in each thanks to congressional redistricting.

Arizona: Huntsman misses Arizona ballot after paperwork error | The Hill

Forms submitted without Jon Huntsman’s notarized signature could mean that the former Utah governor will not be able to get on the ballot in neighboring Arizona, spelling more trouble for an already long-shot candidacy. A spokesman for the Arizona secretary of state told The Associated Press that while Huntsman filed his paperwork on time, it was rejected because it was missing a notarized signature from the candidate. Huntsman does not currently appear on the state’s list of Republican candidates for the coming primary. The Huntsman campaign says it plans to appeal the decision and believes it will be able to get back onto the ballot.

Arizona: Redistricting Nears Endgame | Roll Call

It is the beginning of the end for the Arizona redistricting drama that has put Congressional races in the state in limbo. The state Independent Redistricting Commission, the bipartisan group tasked with redrawing the state’s Congressional lines, passed a map this evening. It is “pending analyses by the panel’s legal counsel and voting-rights consultants,” according to a news release from the commission. The map will then have to be submitted to the Justice Department for pre-clearance approval.

The vote fell along party lines. Five members constitute the commission: two from each party and a registered Independent named Colleen Mathis. The two Democrats voted for the map, the two Republicans voted against it, and Mathis served as the swing vote for passage.

Arizona: Arizona Elections officials grapple with new Native American language rule | Cronkite News

Coconino County election officials have provided translators at the polls for Navajo speakers. They have done the same for Hopi voters. But Yuma has them stumped. “There has never been a request for (Yuma),” said Coconino County Elections Administrator Patty Hansen. “So now we’re trying to find someone who can speak that language.”

Coconino was one of three Arizona counties that were told by the federal government in October that they would have to add voting assistance in the obscure language, which previously had been required only of Yuma County.

Those four were among 248 counties in 25 states whose populations require election assistance in other languages, according to the Census Bureau. Under the Voting Rights Act, assistance can be required in jurisdictions where a minority with poor English skills makes up 5 percent of the voting-age population and has literacy levels below the national average. But in Arizona, Yuma County officials said they have never received call for assistance in the language, although they claim they are ready if anyone asks.

Arizona: ACLU Moves to Intervene In Voting Rights Act Challenge | American Civil Liberties Union

The American Civil Liberties Union and the ACLU of Arizona filed a motion in a Washington, D.C. federal court today to intervene in the state of Arizona’s challenge to the federal Voting Rights Act (VRA). The ACLU argues that Section 5 of the Act, which since 1965 has protected racial and language minorities’ access to voting, must remain in place.

“Section 5 of the Voting Rights Act is critical for ensuring that states do not pass election laws that negatively affect minority voters,” said Katie O’Connor, staff attorney with the ACLU Voting Rights Project. “We are intervening in this case to make sure that this critical piece of legislation is upheld, so that everyone’s fundamental right to vote is protected.”