By Terry Baynes
Oct 15 (Reuters) - The U.S. Supreme Court agreed on Monday
to consider whether Arizona can demand that voters show proof of
U.S. citizenship to register to vote in federal elections.
The high court will not hear the case before the Nov. 6 U.S.
election, ensuring that the disputed registration requirement in
Arizona will not be in effect.
The legal dispute over the registration requirement dates
back to 2004 when Arizona voters passed a ballot initiative,
Proposition 200, designed to stop illegal immigrants from
voting. The measure amended state election laws to require
voters to show proof of citizenship to register to vote, as well
as identification to cast a ballot at the polls.
Arizona residents, Indian tribes and civil rights groups
sued to challenge measure.
The registration law requires voters to present
"satisfactory evidence" of U.S. citizenship, including a
driver's license number, naturalization papers, U.S. birth
certificate or passport.
It is one of many measures nationwide championed by
Republicans and put in place at the state level that Democrats
say are intended to make it more difficult for certain voters
who tend to vote Democratic to cast ballots.
Arizona, which borders Mexico, has been a focal point of
immigration laws. In a landmark case, the U.S. Supreme Court in
June upheld Arizona's provision on immigration status checks by
police. But it also struck down rules in the state's measure
that would, among other things, ban illegal immigrants from
soliciting work in public places.
While the 9th U.S. Circuit Court of Appeals upheld Arizona's
right to require voter identification at polling places, the
court in April found that the citizenship requirement conflicted
with a 1993 federal law designed to make it easier for people to
register to vote in federal elections by using a federal
registration form.
'OPERATE HARMONIOUSLY'
The state requirement and the federal scheme did not
"operate harmoniously," the appeals court found, so the federal
rules won out.
On appeal, Arizona argued that the 9th Circuit owed more
deference to the state's authority to administer federal
elections.
The dispute over the citizenship registration requirement
differs from challenges to state voter ID laws unfolding in
courts across the country. The Arizona case focuses on the
tension between federal and state authority over elections while
the voter ID challenges focus on the laws' alleged
discriminatory effects.
Voter ID laws in U.S. states have suffered a series of
setbacks in courts ahead of the November election. The laws
require voters to show certain types of identification before
voting.
In 2008, the U.S. Supreme Court upheld a voter
identification law passed by Indiana, leading many experts to
conclude that it would be hard to challenge such laws in court.
Since the last presidential election in 2008, some 15 states
have passed or tightened legislation requiring people to
identify themselves before voting.
Defenders of the laws, mostly Republicans, say the laws are
needed to prevent people from fraudulently impersonating
registered voters at the election booth. Opponents, mostly
Democrats, complain that obtaining identification documents is
an undue burden that could disenfranchise the poor, minorities
and the elderly - people who may tend to vote Democratic.
The June ruling in the Arizona immigration case went to the
heart of a fierce national debate between Democrats and
Republicans over the 11.5 million illegal immigrants the U.S.
government estimates to be in the country.
President Barack Obama has vowed to push for comprehensive
immigration legislation if re-elected. Opinion polls show
Hispanic voters overwhelmingly support Obama.
Republicans generally back stricter controls on illegal
immigration than Democrats. In the Republican primaries to pick
a presidential nominee, Mitt Romney, Obama's challenger, took a
hard line, saying he supported what he called self-deportation
for illegal immigrants.
In Monday's order, the Supreme Court granted Arizona's
appeal without comment. A decision is expected by the end of
June 2013.
The case is Arizona v. The Inter Tribal Council of Arizona
Inc et al, U.S. Supreme Court, No. 12-71.
For Arizona: Arizona Solicitor General David Cole.
For The Inter Tribal Council of Arizona: Jon Greenbaum of
the Lawyers' Committee for Civil Rights Under Law.
For Jesus Gonzalez et al: Nina Perales of the Mexican
American Legal Defense and Education Fund.
For the Coconino County plaintiffs: Jean Wilcox of the
Office of Coconino County Attorney.