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Gonzalez V. State of Arizona, Nos FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 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; No. 06-16521 PEOPLE FOR THE AMERICAN WAY D.C. No. FOUNDATION; HOPI TRIBE, CV-06-01268-ROS 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; 4433 4434 GONZALEZ v. YES ON PROPOSITION 200 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, GONZALEZ v. YES ON PROPOSITION 200 4435 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, No. 06-16702 Plaintiffs-Appellants, D.C. No. and CV-06-01268-ROS 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; 4436 GONZALEZ v. YES ON PROPOSITION 200 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; GONZALEZ v. YES ON PROPOSITION 200 4437 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. 4438 GONZALEZ v. YES ON PROPOSITION 200 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 No. 06-16706 WOMEN VOTERS OF ARIZONA; D.C. No. PEOPLE FOR THE AMERICAN WAY CV-06-01268-ROS FOUNDATION; HOPI TRIBE, Plaintiffs-Appellants, OPINION 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; GONZALEZ v. YES ON PROPOSITION 200 4439 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 4440 GONZALEZ v. YES ON PROPOSITION 200 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. Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding Argued and Submitted January 8, 2007—San Francisco, California Filed April 20, 2007 Before: Mary M. Schroeder, Chief Circuit Judge, John T. Noonan, Circuit Judge, and George P. Schiavelli,* District Judge. Opinion by Chief Judge Schroeder *The Honorable George P. Schiavelli, United States District Judge for the Central District of California, sitting by designation. GONZALEZ v. YES ON PROPOSITION 200 4443 COUNSEL Joel M. Spector, Lakewood, Colorado, for defendant- intervener/appellant Yes on Proposition 200. Nina Perales, San Antonio, Texas, for plaintiffs-appellees/ appellants Gonzalez, et al. 4444 GONZALEZ v. YES ON PROPOSITION 200 Thomas L. Hudson, Phoenix, Arizona, for ITCA plaintiffs. Mary O’Grady, Assistant Attorney General, Phoenix, Ari- zona, for defendants/appellees, State of Arizona, et al. 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 funda- mental right to vote; (4) that it violates Section 2 of the Vot- ing 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 reg- istration and the voting provisions of the Proposition. On Sep- tember 11, 2006, the district court denied a preliminary injunction. Shortly before the November 2006 general elec- GONZALEZ v. YES ON PROPOSITION 200 4445 tion, plaintiffs filed their notice of appeal and also sought, from a motions panel of this Court, an emergency interlocu- tory 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, 127 S.Ct. 5, 549 U.S. — (2006). The Supreme Court explained that, because the motions panel had not pro- vided any reasoning, it could not determine whether the panel
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