Gonzalez v. Arizona

485 F.3d 1041, 2007 WL 1163440
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 20, 2007
DocketNos. 06-16521, 06-16702, 06-16706
StatusPublished
Cited by33 cases

This text of 485 F.3d 1041 (Gonzalez v. Arizona) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. Arizona, 485 F.3d 1041, 2007 WL 1163440 (9th Cir. 2007).

Opinion

SCHROEDER, Chief Judge.

This litigation involves Proposition 200, enacted pursuant to Arizona voter initiative in 2004. The Proposition amended Arizona law to require persons wishing to register to vote for the first time in Arizona to present proof of citizenship, and to require all Arizona voters to present identification when they vote in person at the polls.

Plaintiffs are Arizona residents, Indian tribes and various community organizations. They filed this action in district court, challenging the validity of the Proposition on six asserted grounds: (1) that it is an unconstitutional poll tax, in violation of the Twenty-fourth Amendment to the United States Constitution; (2) that it violates the Equal Protection Clause of the Fourteenth Amendment because it imposes a disproportionate burden on naturalized citizens; (3) that it impedes the Fourteenth Amendment’s guarantee of the fundamental right to vote; (4) that it violates Section 2 of the Voting Rights Act, 42 U.S.C. § 1973(a); (5) that it violates the Civil Rights Act, 42 U.S.C. §§ 1971(a)(2)(A) and (B); and (6) that it violates the National Voter Registration Act, 42 U.S.C. § 1973gg et seq. (“NVRA”).

Plaintiffs filed their complaint in May 2006, seeking an injunction, pending trial, against the operation of both the registration and the voting provisions of the Proposition. On September 11, 2006, the district court denied a preliminary injunction. Shortly before the November 2006 general election, plaintiffs filed their notice of appeal and also sought, from a motions panel of this Court, an emergency interlocutory injunction. Time was of the essence to plaintiffs because the 2006 general election was imminent. A regular two-judge motions panel of this court granted the requested relief and, in a brief order, enjoined enforcement of the Proposition’s provisions.

On the application of the State and four counties, the Supreme Court vacated the emergency injunction because the motions panel gave no reasons for its action. See Purcell v. Gonzalez, 549 U.S. -, 127 S.Ct. 5, 166 L.Ed.2d 1 (2006). The Supreme Court explained that, because the motions panel had not provided any reasoning, it could not determine whether the panel had given appropriate deference to the district court’s denial of the requested relief. Id. at 5. In a separate opinion, Justice Stevens stressed that the case would benefit from the development of a full record regarding both the scope of voter disenfranchisement resulting from enforcement of the Proposition and the “prevalence and character” of the ostensible voter fraud that the Proposition was intended to counter. Id. at 5-6 (opinion of Stevens, J., concurring).

In the wake of the Supreme Court’s opinion, plaintiffs chose not to continue to seek injunctive relief with respect to the [1047]*1047in-person voting identification requirement. Before us now, on the same underlying record that was before the motions panel, is plaintiffs’ appeal of the district court’s denial of preliminary injunctive relief with respect only to the voter registration requirement. We conclude that the district court did not abuse its discretion in denying injunctive relief with respect to this requirement, because the limited record before us does not establish that the balance of hardships and likelihood of success on the merits of plaintiffs’ claims justify an injunction at this stage of the proceedings. The litigation remains pending in the district court. There, final resolution of the scope of any appropriate permanent relief can be determined on the basis of a fully developed record, and well before the next general election in 2008.

BACKGROUND

Voters approved Proposition 200 in the 2004 general election, and it was enacted on December 8, 2004. See A.R.S. § 16-166. In relevant part, Proposition 200 amended Arizona law to direct registering voters to “submit evidence of United States citizenship with the application and the registrar [to] reject the application if no evidence of citizenship is attached.” A.R.S. § 16-152(A)(23). “Satisfactory evidence of citizenship” may be shown by including, with the voter registration form, any of the following: the number of an Arizona driver’s license or non-operating identification license issued after October 1, 1996 (the date Arizona began requiring proof of lawful presence in the United States to obtain a license); a legible copy of a birth certificate; a legible copy of a United States passport; United States naturalization documents or the number of the certificate of naturalization; “other documents or methods of proof that [may be] established pursuant to” federal immigration law. A.R.S. § 16-166(F). The law applies to voters registered in Arizona before its effective date only if they seek to change registration from one county to another. A.R.S. § 16-166(G).

The 2006 election was the first general election to which Proposition 200 applied. Plaintiffs filed their challenges to it on May 9, 2006 and immediately moved for a preliminary injunction against both the proof of citizenship requirement and the in-person voter identification requirement. On September 11, 2006, the district court denied plaintiffs’ motion but did not issue Findings of Fact and Conclusions of Law at that time.

Plaintiffs appealed the denial to this Court and the Clerk set a briefing schedule that concluded on November 21, 2006 — two weeks after the 2006 general election. Plaintiffs therefore requested an injunction pending appeal that, pursuant to this Court’s rules then in effect, was heard by a two-judge motions panel. See 9th Cir. R. 3-3 (2006). On October 5, 2006, the motions panel issued an order granting plaintiffs’ emergency request for an injunction pending appeal, retaining the briefing schedule, and stating: “The court enjoins implementation of Proposition 200’s voting identification requirement in connection with Arizona’s November 7, 2006 general election; and enjoins Proposition 200’s registration proof of citizenship requirements so that voters can register before the October 9, 2006 registration deadline. This injunction shall remain in effect pending disposition of the merits of these appeals.” Order in Nos. 06-16702, 06-16706 (filed Oct. 5, 2006), at 1-2.

Four days later, the motions panel denied defendants’ request for reconsideration. The district court had not yet entered Findings of Fact and Conclusions of Law. The State and four counties then sought relief from the injunction in the [1048]*1048United States Supreme Court. On October 12, 2006, while review by the Supreme Court was still pending, the district court issued the Findings of Fact and Conclusions of Law explaining its denial of the preliminary injunction.

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Maria M. Gonzalez Bernie Abeytia Arizona Hispanic Community Forum Chicanos Por La Causa Friendly House Jesus Gonzalez Debbie Lopez Southwest Voter Registration Education Project Luciano Valencia Valle Del Sol the Inter Tribal Council of Arizona, Inc. Arizona Advocacy Network Steve M. Gallardo League of United Latin American Citizens Arizona League of Women Voters of Arizona People for the American Way Foundation Hopi Tribe v. State of Arizona Jan Brewer, in Her Official Capacity as Secretary of State of Arizona Shelly Baker, La Paz County Recorder Berta Manuz, Greenlee County Recorder Lynn Constable, Yavapai County Election Director Kelly Dastrup, Navajo County Election Director Laura Dean-Lytle, Pinal County Recorder Judy Dickerson, Graham County Election Director Donna Hale, La Paz County Election Director Susan Hightower Marlar, Yuma County Recorder Gilberto Hoyos, Pinal County Election Director Laurette Justman, Navajo County Recorder Lenora Johnson, Apache County Recorder Patti Madrill, Yuma County Election Director Joan McCall Mohave County Recorder Melinda Meek, Santa Cruz County Election Director Suzie Sainz, Santa Cruz County Recorder Thomas Schelling, Cochise County Election Director Allen Tempert, Mohave County Election Director Ann Wayman-Trujillo, Yavapai County Recorder Wendy John, Graham County Recorder Candace Owens, Coconino County Recorder Patty Hansen, Coconino County Election Director Christine Rhodes, Cochise County Recorder Linda Haught Ortega, Gila County Recorder Dixie Mundy, Gila County Election Director Brad Nelson, Pima County Election Director Karen Osborne, Maricopa County Election Director Yvonne Pearson, Greenlee County Election Director Penny Pew, Apache County Election Director Helen Purcell F. Ann Rodriguez, Pima County Recorder, and Yes on Proposition 200, Defendant-Intervenor-Appellant. Maria M. Gonzalez Bernie Abeytia Arizona Hispanic Community Forum Chicanos Por La Causa Friendly House Jesus Gonzalez Debbie Lopez Southwest Voter Registration Education Project Luciano Valencia Valle Del Sol, and the Inter Tribal Council of Arizona, Inc. Arizona Advocacy Network Steve M. Gallardo League of United Latin American Citizens Arizona League of Women Voters of Arizona People for the American Way Foundation Hopi Tribe v. State of Arizona Jan Brewer, in Her Official Capacity as Secretary of State of Arizona Shelly Baker, La Paz County Recorder Berta Manuz, Greenlee County Recorder Lynn Constable, Yavapai County Election Director Kelly Dastrup, Navajo County Election Director Laura Dean-Lytle, Pinal County Recorder Judy Dickerson, Graham County Election Director Donna Hale, La Paz County Election Director Susan Hightower Marlar, Yuma County Recorder Gilberto Hoyos, Pinal County Election Director Laurette Justman, Navajo County Recorder Lenora Johnson, Apache County Recorder Patti Madrill, Yuma County Election Director Joan McCall Mohave County Recorder Melinda Meek, Santa Cruz County Election Director Suzie Sainz, Santa Cruz County Recorder Thomas Schelling, Cochise County Election Director Allen Tempert, Mohave County Election Director Ann Wayman-Trujillo, Yavapai County Recorder Wendy John, Graham County Recorder Candace Owens, Coconino County Recorder Patty Hansen, Coconino County Election Director Christine Rhodes, Cochise County Recorder Linda Haught Ortega, Gila County Recorder Dixie Mundy, Gila County Election Director Brad Nelson, Pima County Election Director Karen Osborne, Maricopa County Election Director Yvonne Pearson, Greenlee County Election Director Penny Pew, Apache County Election Director Helen Purcell, Maricopa County Recorder F. Ann Rodriguez, Pima County Recorder, and Yes on Proposition 200, Defendant-Intervenor. Maria M. Gonzalez Bernie Abeytia Arizona Hispanic Community Forum Chicanos Por La Causa Friendly House Jesus Gonzalez Debbie Lopez Southwest Voter Registration Education Project Luciano Valencia Valle Del Sol, and the Inter Tribal Council of Arizona, Inc. Arizona Advocacy Network Steve M. Gallardo League of United Latin American Citizens Arizona League of Women Voters of Arizona People for the American Way Foundation Hopi Tribe v. State of Arizona Jan Brewer, in Her Official Capacity as Secretary of State of Arizona Shelly Baker, La Paz County Recorder Berta Manuz, Greenlee County Recorder Lynn Constable, Yavapai County Election Director Kelly Dastrup, Navajo County Election Director Laura Dean-Lytle, Pinal County Recorder Judy Dickerson, Graham County Election Director Donna Hale, La Paz County Election Director Susan Hightower Marlar, Yuma County Recorder Gilberto Hoyos, Pinal County Election Director Laurette Justman, Navajo County Recorder Lenora Johnson, Apache County Recorder Patti Madrill, Yuma County Election Director Joan McCall Mohave County Recorder Melinda Meek, Santa Cruz County Election Director Suzie Sainz, Santa Cruz County Recorder Thomas Schelling, Cochise County Election Director Allen Tempert, Mohave County Election Director Ann Wayman-Trujillo, Yavapai County Recorder Wendy John, Graham County Recorder Candace Owens, Coconino County Recorder Patty Hansen, Coconino County Election Director Christine Rhodes, Cochise County Recorder Linda Haught Ortega, Gila County Recorder Dixie Mundy, Gila County Election Director Brad Nelson, Pima County Election Director Karen Osborne, Maricopa County Election Director Yvonne Pearson, Greenlee County Election Director Penny Pew, Apache County Election Director Helen Purcell, Maricopa County Recorder F. Ann Rodriguez, Pima County Recorder, and Yes on Proposition 200, Defendant-Intervenor
485 F.3d 1041 (Ninth Circuit, 2007)

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Bluebook (online)
485 F.3d 1041, 2007 WL 1163440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-arizona-ca9-2007.