ACRU

Common Sense Wins, ACLU Loses, in Arizona

An article in Jurist, Legal News and Research, published at the University of Pittsburgh School of Law on 12 September, 2006, reported a federal trial court decision in favor of photo voter ID as a prerequisite of voting. This decision went against the grain of several other courts which have ruled against such laws.

This judge wrote, “determining whether an individual is a United States citizen is of paramount importance when determining his or her eligibility to vote.” This is mere common sense. American elections should be determined by the votes of American citizens, and no others. As Homer Simpson would say, “D’oh.”

This is a useful citation and source, since it collects all the latest citations of all decisions on this subject in any jurisdiction.

With conflicting conclusions in different courts and federal circuits, however, it is a near certainty that the issue of photo voter ID will be taken by the US Supreme Court. Given the current Justices on that Court, it is likely that the final decision will be in favor of states and cities which chose to make reasonably certain that voters in their elections are, in fact, American citizens, and who are they claim they are.

It seems like such a common sense and logical conclusion. The ACLU, however, is laboring in many jurisdictions to obtain the opposite conclusion from judges favorable to ACLU arguments.

The facts, but not the legal conclusions, are in this article:

http://jurist.law.pitt.edu/paperchase/2006/09/federal-judge-refuses- to-block-arizona.php