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Arizona moves to criminalize some voter registration activities

Arizona's narrowly Republican state House voted Monday to create some new crimes connected to voter registration. Sponsors say the measure is in response to a raft of fraudulent registrations before the 2018 election. Critics say the bill will suppress voting, especially by young people and minorities.

The measure, which has strong prospects in the solidly GOP state Senate, would create a four-month jail term for people who collect completed voter registration forms but do not submit them within 10 days. It also would make it a misdemeanor, with a potential $2,500 fine, to pay voter registration operatives based on the number of people they sign up to vote.


Another bill passed by the state House would require people who drop off their early ballots at voting centers to provide identification. Opponents say plenty of voters don't carry any of the forms of ID the bill would require.

Arizona, with 11 electoral votes, has voted for Republicans in the past five presidential elections, but last fall Democrats took a Senate seat, a House seat, two other statewide offices and four legislative seats from the GOP.


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U.S. Rep. David Valadao (R-CA)

U.S. Rep. David Valadao (R-CA) at the U.S. Capitol in Washington, DC. House Republicans

(Photo by Joe Raedle/Getty Images)

Democrats Gerrymandered David Valadao’s District. Did It Backfire?

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After the Civil War, Congress adopted the 14th Amendment in 1868 to overturn Dred Scott v. Sandford (1857), which had denied citizenship to Black Americans, dampening their federal protections. While the 13th amendment had abolished slavery a few years earlier, Free Black Americans were considered noncitizens by many, and thus had to work around a separate set of laws, meaning they could never be fully integrated as members of American society. In response to this issue, the 14th Amendment declares that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.

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“Lawfare” is becoming a word that ends arguments instead of clarifying them. When Donald Trump or his allies are prosecuted, many on the right call the case political. When the Trump administration investigates critics, many on the left call it retaliation or “score-settling.” Sometimes those accusations are justified. Sometimes they are partisan reflexes. A label that changes with the identity of the defendant is not a rule of law.

The hard cases are not the ones with a public order to punish an enemy. They are cases with mixed facts: a real investigative predicate, a politically active target, disputed timing, later changes in treatment, and no contemporaneous record the public can inspect. Those cases require something better than “trust the prosecutors” or “trust the accused.” They require an auditable standard.

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