The Arizona Republic

DECISION ERASES CONFUSION

-

Voting places two great responsibi­lities upon the states. One is to make voting itself as accessible to all eligible voters as possible. The other, to defend the integrity of the ballot. Not unlike our system of government itself, the tensions between those conflictin­g duties are inherent to the elections process.

Since 2004, Arizona’s voterappro­ved Propositio­n 200 — which required proof of citizenshi­p in order to register to vote — has strained those responsibi­lities.

Detractors of the law argue it unnecessar­ily made voter registrati­on difficult for the poor and elderly, particular­ly minorities. Because Arizona does not accept many other states’ driver licenses as proof of citizenshi­p, it creates a hardship for people who move here.

Advocates contend it safeguards the system in a state with a substantia­l population of undocument­ed immigrants, though they have never been able to document widespread fraud.

Both those arguments are (and certainly have been) debate material.

What is beyond debate is that a U.S. Supreme Court decision last summer and subsequent action by federal officials unnecessar­ily complicate­d the registrati­on process in Arizona.

The court ruled Arizona can’t require would-be voters to show evidence of citizenshi­p when they register using a federal form, but can require it on state forms. The court left the door open for the state to ask the federal Election Assistance Commission to add the requiremen­t to the national form used in Arizona.

The state asked; the commission said no.

This week, a U.S. District Court judge in Wichita, Kan., ruled the commission acted improperly in denying Arizona’s and Kansas’ requests. Judge Eric Melgren concluded that Congress had not “preempted state laws requiring proof of citizenshi­p through the National Voter Registrati­on Act.”

Federal registrati­on rules ask prospectiv­e voters to attest that they are citizens. Arizona and Kansas require proof. The upshot of the court rulings forbidding the require- ment for federal registrati­ons but allowing it for state and local elections has been confusion that serves neither voters nor elections.

Last fall, Arizona Secretary of State Ken Bennett announced plans to create a two-track voting system. One track, for registrant­s who proved their citizenshi­p, would register voters for state and local elections. The other, for people who used the federal form, would allow registrant­s to vote only in federal elections.

It is difficult to imagine a voter-registrati­on system more likely to produce chaos and uncertaint­y.

This isn’t the end of the debate. The Election Assistance Commission is weighing an appeal to the 10th U.S. Cir- cuit Court of Appeals in Denver. The Justice Department is considerin­g its options, as well. Secretary of State Bennett, meanwhile, said he will continue to prepare the dualtrack system in the event of yet another court decision against Prop. 200.

Dual-track voter registrati­on is, unquestion­ably, the worst possible outcome.

The Arizona Republic has always opposed Prop. 200’s voter-ID requiremen­ts; we would have preferred a court decision tossing them out. But once the Supreme Court upheld them, it became clear the alternativ­e encourages the worst of both worlds for voters.

Judge Melgren’s decision erases the confusion, doing the state and its voters a favor.

Newspapers in English

Newspapers from United States