Appeals Court Upholds Voter ID Provision in Proposition 200

(Phoenix, Ariz. – April 20, 2007) – The Ninth Circuit Court of Appeals today upheld a U.S. District Court’s decision permitting Arizona election officials to continue implementing voter identification requirements that voters adopted three years ago through Proposition 200.

Last year, opponents of Proposition 200 filed lawsuits in federal court challenging the constitutionality of Arizona’s proof of citizenship requirement as well as the requirement for identification at the polls. They petitioned the court for a preliminary injunction to stop the enforcement of these requirements while the case was in litigation. The trial court denied this request, and today’s decision affirms that decision. Plaintiffs limited their appeal to the proof of citizenship requirement.

In writing for the unanimous three-judge panel, Chief Judge Mary Schroeder concluded that the record supported the trial court’s decision to deny the preliminary injunction.

The case remains pending in U.S. District Court.