PHOENIX -- Arizonans will need to bring identification to the polls next month if they want their votes to count.
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In fact, the justices took a slap at their colleagues on the 9th U.S. Circuit Court of Appeals for issuing their original order in the first place. They said the appellate judges provided no reason that they issued the legal stay in the first place and overturned the original order of the trial judge who actually heard the evidence.
Friday's action is the last word -- at least for this election: Attorney Nina Perales of the Mexican American Legal Defense and Education Fund, which challenged the law, said the only thing she can do now is have the lawsuit work its way through the court system. But there are no hearings scheduled before the Nov. 7 election.
There is an option for those who are registered to vote but believe they don't have the necessary identification: vote by mail. But time is running out: The deadline to request an early ballot is this coming Friday.
The justices stressed in Friday's order that their action does not mean they believe the provisions of Proposition 200 are legal. But they said their decision was necessary to "allow the election to proceed.''
That order, though, suggests the justices agree with Goddard's argument that allowing only those legally entitled to vote to cast ballots gives the state broad authority to impose certain restrictions.
"Confidence in the integrity of our electoral process is essential to the functioning of our participatory democracy,'' the justices wrote.
"Voter fraud drives honest citizens out of the democratic process and breeds distrust of our government,'' they continued. "Voters who fear their legitimate votes will be outweighed by fraudulent ones will feel disenfranchised.''
Perales said, though, that people without identification will be the ones disenfranchised this year.
"We know there are people who lack the necessary ID to vote,'' she said. "They're registered voters, they're qualified voters.'' For example, she said, senior citizens and the disabled, who do not drive, don't have access to driver licenses.
But Secretary of State Jan Brewer, who cheered Friday's ruling, said the justices noted that the procedures set up by her office allow many different kinds of identification to be produced. She said there is no reason that every registered voter in the state cannot get the necessary ID.
"The people of Arizona vote overwhelmingly that they wanted proof of citizenship when they register to vote and ID at the polls,'' she said.
Proposition 200, approved by Arizona voters in 2004, denies certain public benefits to those not here legally. It also requires proof of U.S. citizenship to register to vote as well as identification to cast a ballot.
Several different groups have challenged these provisions, charging that they are discriminatory and violate federal law and constitutional requirements.
They also sought to block enforcement of the law while that case is making its way through the federal court system.
Last month, U.S. District Court Judge Roslyn Silver rejected that request, saying challengers had not shown they eventually will succeed in having it declared unconstitutional. And Silver said "the public interest would not be advanced by granting the injunction.''
But two appellate judges, without comment, agreed earlier this month to overturn her order. That led to the state's plea to the nation's high court.
The ruling could lead to a last-minute rush to get an early ballot.
Maricopa County election officials reported that as of Friday they had more than 392,000 requests from people wanting a ballot by mail -- about one out of every four registered voters.
In Pima County, by contrast, more than 35 percent of the 435,000 registered voters have sought to vote early.
Perales acknowledged the option of early voting. But she said that could be a burden on people who always have cast their ballots on election day might not know how to request one.
And Perales said there are more practical concerns. For example, she said someone living on the Navajo Reservation who doesn't speak English and doesn't have ID now cannot go to the polls. While that person can request an early ballot, Perales noted that Navajo is not a written language -- and that the people who normally would be available at the polls to help this woman vote won't be able to help her with an early ballot.
Identification required at the polls: ID with photograph, name, and address of the elector, such as:
ˆ Valid Arizona driver license
ˆ Valid Arizona non-operating identification license
ˆ Tribal enrollment card or other form of tribal identification
ˆ Valid United States federal, state, or local government issued identification
An ID without a photograph that bears the name and address of the elector will also require two of the following:
ˆ Utility bill of the elector that is dated within ninety days of the date of the election. A utility bill may be for electric, gas, water, solid waste, sewer, telephone, cellular phone, or cable television
ˆ Bank or credit union statement that is dated within ninety days of the date of the election
ˆ Valid Arizona Vehicle Registration
ˆ Indian census card
ˆ Property tax statement of the elector's residence
ˆ Tribal enrollment card or other form of tribal identification
ˆ Recorder's Certificate
ˆ Valid United States federal, state, or local government issued identification, including a voter registration card issued by the county recorder
ˆ Identification is considered valid unless it can be determined on its face that it has expired.
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