Arizona Sec. of State Brewer takes Prop. 200 fight to Congress

Brewer Supports Arizona’s “Proof of Citizenship” requirement to the Committee on House Admin.

WASHINGTON, D.C.-- - Secretary of State Jan Brewer attended and submitted testimony at a Congressional hearing late yesterday afternoon regarding Arizona 's proof of citizenship issue when registering to vote as passed by the voters in 2004. The Congressional Committee on House Administration was conducting oversight hearings regarding the U.S. Election Assistance Commission (EAC).

In Brewer's testimony, the Secretary specifically took issue with the EAC's continued failure over the past 3 years to properly instruct Arizona voters about the “proof of citizenship” requirements when potential voters utilize the Federal Voter Registration Form (Federal Form) as controlled by the Commission. While the Arizona voter registration form contains instructions about needing to provide sufficient proof of citizenship, the Federal Form does not.

“I feel strongly that the Election Assistance Commission is certainly not ‘assisting' Arizona voters by continuing a policy of withholding critical information from them…,” stated Secretary of State Brewer, “…the voters of Arizona feel strongly about proof of citizenship when registering to vote as a basic eligibility requirement…”

Secretary of State Brewer has been successful to date in defending the constitutionality of the voting reform measures passed into law by the Arizona citizens in 2004 through Proposition 200. At yesterday's hearing, the Secretary noted several recent court victories which upheld proof of citizenship when registering to vote, including the Arizona District Court judgment issued in August of 2007.

“The district [court] granted summary judgment in favor of the State of Arizona on the proof of citizenship issue holding that [federal law] does not prohibit the State of Arizona from requiring evidence of citizenship at the time of registration,” added Sec. Brewer.

Rosemarie Rodriquez, Chairman of the EAC expressed her disagreement with Arizona voters, testifying, “the State of Arizona is disenfranchising its voters,” however later congressional questioning suggested that it was the EAC that may be disenfranchising Arizona voters by not including proper instructions.

During questioning of the EAC Commissioners, Congressman Kevin McCarthy (R – CA), the Ranking Member of the Subcommittee, expressed his grave concerns over the Commission's repeated failure to make the necessary updates to the Federal Form, and suggested additional Congressional hearings on this specific issue were in order.

Secretary Brewer also reiterated her interest in filing for injunctive relief against the EAC. Ms. Brewer's testimony noted, “the EAC continues to disregard the most recent court rulings and dig its heals in, thereby leaving Arizona little choice but to consider bringing its own lawsuit,” stated Sec. Brewer, “it is disappointing that a State has to sue the federal government to force the government to follow the law.”

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