In 2004 Arizona voters passed Proposition 200, an initiative measure that, among other things, changed the election law to require: (1) proof of citizenship to register to vote; and (2) proof of identification when one votes at the polling place on election day. Several Plaintiffs, including the Mexican American Legal Defense and Education Foundation, Intertribal Counsel of Arizona and the Navajo Nation filed suits challenging the new election law. The District Court of Arizona consolidated the actions and denied a motion by consolidated Plaintiffs to enjoin Arizona’s election law for the November 2006 national elections. The 9th Circuit overturned the District Court’s ruling, granting Plaintiffs an Emergency Temporary Injunction. County and State Defendants applied to Justice Kennedy for a stay of the 9th Circuit decision. On October 20, 2006 the High Court issued a per curium decision overturning the 9th Circuit’s decision and preserving the status quo for Arizona’s elections. The litigation continues on the merits in District Court. A copy of the U.S. Supreme Court’s decision can be found at http://www.supremecourtus.gov/opinions/06pdf/06A375.pdf
Wilenchik & Bartness wins at the U.S. Supreme Court.
Published on January 1, 2008