Arizona Attorney General

Mark Brnovich



U.S. Court of Appeals Dismisses Challenge to Proposition 200

(Phoenix, Ariz. - August 9, 2005)  The U.S. Ninth Circuit Court of Appeals today dismissed a lawsuit filed in federal court challenging the constitutionality of Proposition 200.  The court said the plaintiffs had not shown they had been injured by the implementation of the new law.

“I am pleased with the outcome.  The voters made a decision last November, and I promised my office would vigorously defend the constitutionality of the law,” said Attorney General Terry Goddard.  “This decision allows us to continue implementing Proposition 200.”

The suit was filed by Friendly House, a nonprofit, social service agency in Phoenix that works with immigrants. 

Since Prop 200 was adopted by Arizona voters last November, the State has implemented the proof of legal status requirements for applicants requesting public benefits and the requirement for proof of citizenship when registering to vote. 

Secretary of State Jan Brewer has not yet submitted new voting identification rules to the Governor and Attorney General for their approval. Once approved, the rules must be cleared by the U.S. Department of Justice for compliance with the Voting Rights Act before becoming effective. The voting identification rules are the final step to full implementation of the proposition.