U.S. Supreme Court Overturns Decision on Voter ID Rules

Phoenix, Ariz. Attorney General Terry Goddard announced that the U.S. Supreme Court overturned the Ninth U.S. Circuit Court of Appeals decision to stay Arizona's voter identification rules. This ruling allows the state to continue implementing the voting rules contained in Proposition 200, which voters approved in 2004. Goddard filed a 30-page application on Friday, October 13 with the U.S. Supreme Court to allow Arizona to follow the Prop. 200 voter identification and registration rules. The application was filed with Justice Anthony Kennedy, who is assigned to hear emergency petitions from the Ninth U.S. Circuit Court. Justice Kennedy reviewed the application and referred it to the full Supreme Court for consideration. In a six-page decision, the Supreme Court vacated the lower Court's ruling. U.S. District Court Judge Roslyn Silver had ruled on Sept. 11 that Arizona could continue to implement the Prop. 200 voter rules. The rules were enjoined, however, by the Ninth U.S. Circuit Court on Oct. 5. "There has been no explanation given by the Court of Appeals showing the ruling and findings of the District Court to be incorrect," the Opinion stated. "In view of the impending election, the necessity for clear guidance to the State of Arizona, and our conclusion regarding the Court of Appeals' issuance of the order, we vacate the order of the Court of Appeals." U.S. Senator Jon Kyl (R-AZ) praised the ruling by the U.S. Supreme Court to allow Arizona to require voters to show photo identification when they vote and said he was "pleased that the High Court on October 20 sided with the state of Arizona's petition to reinstate the voter identification law for the upcoming election. Requiring voters to provide photo identification at the polls is a key step toward greatly reducing voter fraud and ensuring a fair election." The court decision was a big victory for Secretary of State Brewer, as the ruling specifically vacated the recent decision by the Federal Ninth Circuit Court of Appeals in San Francisco to suspend the Arizona voting requirements pending further litigation. "It was unconscionable to me that two judges on the Court of Appeals in San Francisco would attempt to topple the will of over 1 million Arizona voters," stated Secretary of State Jan Brewer, "I am absolutely thrilled that our hard work on behalf of the voters of Arizona prevailed and these important voting safeguards will remain in place for the upcoming election," stated Secretary of State Jan Brewer. The Supreme Court noted that the Ninth Circuit, "offered no explanation or justification for its order." The Court also stated, "A State indisputably has a compelling interest in preserving the integrity of its election process." Brewer said, "I am absolutely thrilled by this victory, and I am equally committed to educating Arizona voters that they need to bring proper identification to the polling place." Added Secretary Brewer, "Clearly, Arizona voters comprehend that requiring someone to provide identification just as we do to board an airplane or purchase liquor is a legal and reasonable safeguard that was successfully implemented during this past primary election without any major problems reported." Results from several of the 15 Arizona counties show that during the September 2006 primary election, over 99 percent of all Arizona voters successfully followed the laws surrounding identification requirements and cast a ballot. This ruling by the Court is the final decision on Arizona's new voting requirements for November 7th election. The Supreme Court affirmed the District Court judge ruling from last month which concluded that the voter identification and proof of citizenship laws are an appropriate means to enforce the basic voter qualification of citizenship and refused the plaintiff's request to second-guess the will of Arizona voters by denying their request to strike down the law. "[This] is a great day for the voters of Arizona and for election integrity for our state," concluded Brewer.