Featured News 2013 Courts Strike Down Arizona “Motor Voter” Law

Courts Strike Down Arizona “Motor Voter” Law

In the state of Arizona, officials recently created a law which would force all locals registering to vote to provide a proof of citizenship. This would reveal any illegal aliens who are in the area, and could get them into trouble with law enforcement. Recently, the Supreme Court ruled that this is unconstitutional, and states cannot demand proof of citizenship.

The Supreme Court says that when locals register for federal elections, they are not required to provide a driver's license unless the state has federal or court approval to require this action. Many states, including Arizona, have used the "motor voter" stipulation as a way to bar people from voting if they are illegal immigrants.

The Supreme Court justices voted 7-2 on the measure, and will no longer allow the state authorities to require a driver's license as a part of the registration process. Instead, the states will need permission from a federal panel, the Election Assistance Commission, or a federal court to require any information beyond the voter registration form. The Supreme Court argues that all that the states need to proves the voter registration is included on the one form, and they were using ID requirements to make sure that all voters were in the US legally.

One justice writes that the court's majority opinion prevents Arizona from requiring any form applicants to submit information beyond the required form. The Mexican American Legal Defense and Educational Fund is a voter's rights association that welcomed the ruling. The Vice President of the organization says that all U.S. citizens now have the right to vote using the national postcard, regardless of which state they live in. This helps immigrants to avoid being barred from registering in one state when they can may be allowed to register and vote in another.

A proposition approved in 2004 allowed Arizona officials to require that all voters register with a valid Arizona driver's license that was issued after 1996 and a U.S. birth certificate or a passport. The state can no longer require documents of this nature on their own authority.

The Arizona Secretary of State says that most voters aren't aware of the fact that they can actually register using a federal form instead of a state one. This federal form bypasses the need to produce documentation beyond the form itself. Statistics show that less than 5% of Arizona citizens register with the federal form, and most use the state procedure.

Any men and women who do not want to produce documentation that proves their citizenship can use the federal form instead. Interestingly, the federal form does require that all men and women affirm that there are citizens of the United States. However, the form does not require proof. The decision regarding Arizona's voter's registration has far reaching implications because Alabama, Tennessee, Georgia, and Kansas have similar laws in place about citizenship and proof.

The Georgia Secretary of State has already announce that he was disappointed by the Supreme Court's decision and wants to appeal and work for a voter registration that requires proof of citizenship. Some individuals say that the new decision opens the door for noncitizen voting since any immigrants that do not provide IDs will still be permitted to vote if they lie on their application. Some politicians complain that the court's decision will make it harder to combat voter fraud.

Still, advocates of the new law say that about 31,000 more individuals will be able to register to vote including immigrants, elderly individuals, and minorities who do not commonly get their driver's license. If you want more information contact an immigration lawyer near you to discuss your voter's rights and immigrant status.

Related News:

Applying for U.S. Citizenship

If you are seeking apply for citizenship in the United States, it is no easy process, which is why having the experienced legal help of a trusted immigration lawyer walk you through every step of the ...
Read More »

What is an Affidavit of Support?

In immigration, an affidavit of support is a document that an American citizen can sign to accept financial responsibility for an applicant that is trying to achieve permanent residency. Typically, ...
Read More »

Pleading Guilty or No Contest to a Criminal Charge and Your Immigration Case

A criminal defense lawyer may be thinking that he or she is getting you a brilliant deal, but they may be utterly oblivious of the immigration consequences of pleading guilty or no contest to a ...
Read More »