The state of Arizona won the approval of the Ninth Circuit Court of Appeals today, to ask for identification from voters. The state is allowed to ask for voters to present identification before being allowed to cast a ballot.
The judges found that the state’s law did not discriminate against Latino voters when it required identification at the polls. Judge Sandra Ikuta said that challengers failed to present any credible evidence that the law discriminated against Latino voters.
However, the judges did find that the state may not prevent non-citizens from voting. The judges found that the state cannot strictly enforce a provision of the law that requires voters to prove they are citizens at the time they register to vote.
Judge Ikuta, writing for the majority, said that the Congress mandated a specific voter registration form for individuals who register to vote by mail. The form does not ask for proof-of-citizenship.
The Court found that the state of Arizona may not circumvent that form by adding a request for proof of citizenship to it.
In Judge Harry Pregerson’s dissent, he wrote, “History has also shown that when a Latino voter approaches the polling place but is stopped by a person perceived to be an authority figure checking for identification, there’s something intimidating about that experience that evokes fear of discrimination. That intimidation has the effect of keeping Latino voters away from the polls.”
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