HomeMy WebLinkAboutDepartment of Justice Records - ADA - Preclearance - N/A - 1/31/2006 U.S. Department of Justice
Civil Rights Division
06 FEe
JKT:JR:ANS:par -3 PH 5. So Voting Seaion-NWB.
DJ 166-012-3950 Pennsylvania Avenue,N.W.
2005-4437 r;`°'. ;::)111-!TY Washington,Dc 20530
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January 31, 2006
Ms. Tammy Patrick
Federal Compliance Officer
County Elections Department
111 South 3rd Avenue, Suite 102
Phoenix,Arizona 85003-2235
Dear Ms. Patrick:
This refers to the procedures for proof of identification at the polls, the use of polling place
notification cards, and revised provisional ballot forms, including a proof of identification form,
for Maricopa County, Arizona, submitted to the Attorney General pursuant to Section 5 of the
Voting Rights Act,42 U.S.C. 1973c. We received your submission on December 7, 2005;
supplemental information was received through January 19, 2006.
Our analysis reveals that the implementation of procedures regarding proof of identification
at the polls as required by Proposition 200 has received the requisite Section 5 preclearance. On
January 24, 2006, the Attorney General interposed no objection to Sections 3, 4, and 5 of
Proposition 200 submitted by the State of Arizona(File No. 2004-5004), and on October 7,2005,
interposed no objection to the State's procedures to implement Proposition 200(File No. 2005-
2943). Accordingly, no further determination by the Attorney General is required or appropriate
under Section 5. See procedures for the Administration of Section S of the Voting Rights (28
C.F.R. 51.17 and 51.35).
The Attorney General does not interpose any objection to the remaining specified changes.
However, we note that Section 5 expressly provides that the failure of the Attorney General to
object does not bar subsequent litigation to enjoin the enforcement of the changes. In addition,
as authorized by Section 5, we reserve the right to reexamine this submission if additional
information that would otherwise require an objection comes to our attention during the
remainder of the sixty-day review period. Procedures for the Administration of Section 5 of the
Voting Rights Act (28 C.F.R. 51.41 and 51.43).
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Section 5 review is required for any further change(s) affecting voting ( the establishment
of identification verification sites,the extension of polling place hours, the extension of service
hours at county recorder offices, etc.)which are adopted as a result of the implementation of
procedures regarding proof of identification at the polls. See 28 C.F.R. 51.15.
incerely,
/ohn Tanner
t� ef, Voting Section