2004 Arizona Proposition 200
2004 Arizona Proposition 200
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2004 Arizona Proposition 200

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2004 Arizona Proposition 200

Proposition 200, the "Arizona Taxpayer and Citizen Protection Act", was an Arizona state initiative passed in 2004 that requires: (a) persons to provide proof of citizenship to register to vote; (b) voters to present a photo identification before receiving a ballot at the polling place; and (c) state and local agencies to verify the identity and eligibility, based on immigration status, of applicants for non-federally mandated public benefits. The proposition also makes it a misdemeanor for public officials to fail to report violations of U.S. immigration law by applicants for those public benefits and permits private lawsuits by any resident to enforce its provisions related to public benefits. The requirement to provide proof of citizenship to register to vote was later ruled invalid in federal court.

Authors of the ballot measure, the "Protect Arizona Now" committee, claimed that the provision of state identification and public benefits to individuals without adequately verifying their immigration status gave rise to opportunities for voter fraud and imposed economic hardship on the state.

Opponents of the ballot measure asserted that it was anti-immigrant and reminiscent of California's 1994 Proposition 187, as well as disputed the existence of voter fraud and argued that immigrants were important contributors to the state's economy.

Two separate, rival groups supported Proposition 200. The first group was the proposition's sponsor, the Protect Arizona Now (PAN) committee, led by Kathy McKee and supported at the national level by the Carrying Capacity Network (CCN) and Population-Environment Balance (PEB). The second group was the Yes on 200 committee, led by Rusty Childress, a Phoenix-area car dealer, and supported at the national level by the Federation for American Immigration Reform (FAIR).[citation needed] There was a split within PAN, which McKee described as an "attempted hijacking of a local effort by greedy, out-of-state interests"; this split highlighted an ongoing feud within the immigration reduction movement between FAIR and the other two groups dating back to at least 2003, with CCN and PEB issuing frequent statements accusing FAIR (as well as NumbersUSA) of being "reform lite" and "undermining real immigration reform."[citation needed]

PAN was formed by McKee and Childress, who became its chair and treasurer, respectively. The PAN National Advisory Board was chaired by Dr. Virginia Abernethy, and included Dr. David Pimentel and Marvin Gregory. Childress later joined a separate effort, Yes On 200, organized by FAIR.[citation needed]

During the signature gathering campaign, McKee accused Childress of withholding funds and petitions from PAN and fired him. Childress sued McKee over custody of PAN's signatures and funds, but the court ruled in favor of McKee. Childress and the two most prominent supporters of the initiative within the Arizona state legislature, Russell Pearce and Randy Graf, then formed a separate organization, Yes On 200, which was funded almost entirely by out-of-state interests.[citation needed]

When FAIR began an independent signature gathering campaign to collect the remaining signatures needed to put the initiative on the ballot, McKee accused FAIR of attempting a hostile takeover of PAN.[citation needed] When McKee named Abernethy, an avowed "ethnic separatist," as the chair of PAN's national advisory board, FAIR responded by issuing a press release calling for both McKee and Abernethy to resign from PAN and saying that Abernethy's views were "repugnant, divisive and do not represent the views of the vast majority of Arizonans who support Proposition 200." Abernethy's appointment drew harsh criticism from an anti-bigotry group based in Chicago, which noted her "leadership roles in other extremist organizations," such as The Occidental Quarterly and the Council of Conservative Citizens.

On July 5, 2004, Protect Arizona NOW's Chairman, Kathy McKee, pursuant to Arizona law, submitted 190,887 signatures to the Arizona Secretary of State's office, surprising critics, who had believed organizers would not be able to garner enough signatures before the deadline.[citation needed] A counter-organization, the Statue of Liberty Coalition, was formed to block Proposition 200, claiming the initiative was racist and would violate Latino civil rights.[citation needed] Opposition to Proposition 200 was bipartisan, including Senator John McCain (R), Senator Jon Kyl (R), Governor Janet Napolitano (D), the Arizona Republican Party, the Green Party, the Libertarian Party, and the AFL-CIO. Tamar Jacoby, a writer on immigration-related issues in articles for The Wall Street Journal and the Los Angeles Times.

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