Judge Denies Preliminary Injunction, Proposition 200 to be Implemented

(Phoenix, Ariz. – December 22, 2004)  U.S. District Judge David C. Bury today denied the preliminary injunction request to bar the implementation of Proposition 200, which was adopted by Arizona voters on November 2.

“The State can move forward to implement the new statute,” Attorney General Terry Goddard said.

The Attorney General’s opinion issued on November 12 clarified that the “state and local benefits” subject to the verification requirements of Proposition 200 are limited to Arizona Revised Statues Title 46 (relative to welfare payments). Goddard’s opinion provides guidance to State employees. The Attorney General’s Office will continue to work with client agencies to ensure state employees are implementing the statute correctly and without regard to race, religion, gender, ethnicity or national origin.

This decision does not affect the voting portion of Proposition 200, addressing the identification requirements for voting and registering to vote. That portion of the statute cannot become effective unless it has been precleared by the U.S. Department of Justice. The Attorney General’s Office has submitted the proposed statute to the Department of Justice for their ruling.