Gonzalez v. Arizona, 06-16521.

Citation485 F.3d 1041
Decision Date20 April 2007
Docket NumberNo. 06-16706.,No. 06-16702.,No. 06-16521.,06-16521.,06-16702.,06-16706.
PartiesMaria 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, Plaintiffs-Appellees, 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, Defendants, 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, Plaintiffs-Appellants, 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, Plaintiffs, 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, Defendants-Appellees, 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, Plaintiffs, 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, Plaintiffs-Appellants, 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, Defendants-Appellees, and Yes on Proposition 200, Defendant-Intervenor.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

Mary O'Grady, Assistant Attorney General, Phoenix, Arizona, for defendants/appellees, State of Arizona, et al.

Appeal from the United States District Court for the District of Arizona; Roslyn O. Silver, District Judge, Presiding. D.C. No. CV-06-01268-ROS.

Before MARY M. SCHROEDER, Chief Circuit Judge, JOHN T. NOONAN, Circuit Judge, and GEORGE P. SCHIAVELLI,* District Judge.

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 in-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...

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