A federal appeals court rejected an attempt to halt enforcement of an Arizona law that requires voters to show identification before casting a ballot and submit proof of citizenship when registering to vote.
The 9th U.S. Circuit Court of Appeals on April 20 upheld a trial judge’s refusal last year to block the requirement while a legal challenge awaits trial in federal court in Phoenix.
“Now we know we get to enforce the law while the lawsuit is pending,” state Solicitor General Mary O’Grady said.
The 2004 law requires that voters at polling places produce government-issued picture ID or two pieces of other non-photo identification specified by the law. Other parts of the law dealt with ineligibility of illegal immigrants to receive some government services and benefits.
Supporters of the requirement contend it helps prevent voter fraud by non-citizens.
Critics said that the law would disenfranchise voters, particularly minorities and the elderly, and that requiring voters to acquire and produce identification would be burdensome in time, money and effort.
A three-judge panel of the San Francisco-based appeals court said the law doesn’t appear at first blush to severely burden the right to vote, violate a federal law on voter registration, place a disproportionate burden on naturalized citizens or require what would be an unconstitutional poll tax.
The challengers at this point in the case haven’t shown they’ll prevail or even raised “serious questions going to the merits of their arguments,” Chief Judge Mary Schroeder wrote for the court.
A lawyer for the challengers said U.S. District Judge Roslyn O. Silver will be considering testimony and other evidence not available when she denied the request for a preliminary injunction last September.
“We are confident with a full record that the court will rule in our favor,” said Carlos Becerra of the Mexican American Legal Defense and Educational Fund.
Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.