Dan Tokaji's Blog
Professor Dan Tokaji
Election reform, the Voting Rights Act, the Help America Vote Act, and related topics -- with special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities

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Equal Vote
Friday, August 19
 
MALDEF Responds to Arizona ID Proposal
Last week, Arizona's Secretary of State Jan Brewer announced a new plan to implement the state's Proposition 200, which requires voters to show identification when voting. I've now posted that proposal here.

As noted in this post, Secretary of State Brewer's plan would deny a provisional ballot to those who lack ID. More specifically, it would deny a provisional ballot who don't have either a government-issued photo ID or two approved forms of identification bearing the name and address of the voter. The only exception is for Native Americans, with respect to whom there are special provisions under the proposal. As I have explained here and here, this is flatly inconsistent with HAVA under which all voters must be given provisional ballots even if they don't have ID.

On Wednesday, the Mexican American Legal Defense and Educational Fund sent this letter to Arizona's Attorney General. MALDEF's letter points out that the Secretary of State's proposal is inconsistent with HAVA. They also make the case that the imposition of an ID requirement is the functional equivalent of a poll tax, violating the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.

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Moritz College of Law The Ohio State University