By Howard Fischer
PHOENIX - State lawyers want a federal judge to let the
governor sign at least part of Proposition 200
to expedite the changes the initiative demands
in voting laws and help defend the law in court.
Mary O'Grady, the state's
solicitor general, said last week's restraining
order by Judge David Bury only bars the state
from implementing the section of the measure
that requires people to show proof of legal
residency to obtain "public benefits." Bury, who
will hold a Dec. 22 hearing, has said he wants
more time to study the issue.
But O'Grady said the challengers
to Proposition 200 never sought - and Bury never
granted - a halt to provisions that mandate
identification to register and vote. She wants
Bury to allow Gov. Janet Napolitano to sign the
proclamation that the initiative was, in fact,
approved by voters at the Nov. 2 election.
Judicial approval of her request
would free the Attorney General's Office to ask
the U.S. Department of Justice for its approval
of the changes in voting laws. And that, in
turn, could help undermine at least part of the
legal challenge to Proposition 200 filed by the
Mexican American Legal Defense and Education
Fund.
Danny Ortega, an attorney for the
Mexican American Legal Defense and Education
Fund, said he would not comment on the state's
action.
The Department of Justice has at
least 60 days from a formal request for "preclearance"
to decide if the law illegally dilutes the
voting strength of minorities.
The state continues to allow
people to register to vote without proof of
citizenship, one requirement of Proposition 200,
until the law gets Department of Justice
approval.