KNAU and Arizona News
3:44 pm
Fri November 5, 2010

Legal Papers Being Filed Today Could Further Delay Final Vote Count in Some Close Races

Phoenix, AZ – The case involves people who tried to register to vote but were
denied because they could not provide proof of citizenship, but
who went to the polls anyway. There, they cast what are called
provisional ballots because they were not on the rolls. The fight
surrounds the fact that the 9th Circuit Court of Appeals ruled
last month that the citizenship proof requirement of Arizona law
is unconstitutional. Now Nina Perales, an attorney for the
Mexican American Legal Defense and Educational Fund wants the
court to order election officials to go back, figure out which of
the provisional ballots were cast by those denied registration,
and count them.

(The right to vote is fundamental. Voting is precious. The voters
who are in this position won't be able to vote again in this
election. This isn't something that can be compensated later by
money or by voting some other election. This is it. And the
individuals who are in this position wanted to vote in this
election. And they have a right to vote in this election.)

That contention will get a fight from Secretary of State Ken
Bennett who said the 9th Circuit got it wrong in last month's
ruling and intends to appeal. Perales said she does not know how
many ballots might be at issue and whether counting them would
change the outcome of any close races. For Arizona Public Radio
this is Howard Fischer.