United States Ninth Circuit

In a challenge to Arizona Proposition 200, which contained a registration provision and a polling place provision requiring certain forms of identification, the Ninth Circuit en banc holds that: 1) under Congress's expansive Elections Clause power, the registration provision, when applied to the National Mail Voter Registration Form, is preempted by the National Voter Registration Act of 1993 (NVRA); and 2) the district court did not clearly err in concluding that the plaintiffs failed to establish that the polling place provision had a disparate impact on Latinos, and so that provision did not violate section 2 of the Voting Rights Act of 1965, nor did it violate the Fourteenth or Twenty-fourth Amendments to the Constitution, and it was not void as inconsistent with the NVRA.

Appellate Information

• Decided 04/17/2012
• Published 04/17/2012

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nina Perales, Thomas C. Horne