Proposition 200 (2004) Is Scheduled To Be Argued Before SCOTUS
It looks like another Arizona law is heading for review before the high Court. In Arizona v. Inter Tribal Council of Arizona, the Court is going to address whether Proposition 200 (which was voted into law in 2004) is preempted by The National Voter Registration Act of 1993. Prop 200 requires requires that when registering to vote the individual presents to the State evidence of U.S. citizenship. Many other states have filed amicus briefs in support of Arizona, arguing the the National Voter Registration Act is unconstitutional as it imposes on States’ rights.
The Court will also be addressing whether the proof of citizenship portion of the law harms Indian tribes in Arizona, because the Arizona tribes do not use the federal bureau of Indian Affairs cards, thus they do not have proof of citizenship as defined in Prop 200.
What does this mean for Arizona? Did the voters overstep constitutional bounds when passing Prop 200? While States have the power to regulate how state elections are implemented and ran, the elections still must pass Constitutional muster.