Arizona can continue to demand proof of citizenship before registering voters, at least for the time being.

In a brief order Thursday, US Supreme Court Justice Anthony Kennedy blocked a lower court ruling forcing the state to accept a federal voter registration form that does not require proof of citizenship from taking effect today.

Instead, he directed those who successfully challenged the citizenship requirement to file legal papers by Monday explaining why the April decision by the 9th Circuit Court of Appeals should be upheld.

It does not mean the high court intends to overturn the ruling, or even from preventing it from taking effect while the state seeks review. But it does mean at least one justice thinks the issue is significant enough to require an immediate look by him and his colleagues.

If nothing else, the order is a temporary setback for efforts by the Mexican American Legal Defense & Educational Fund and the Inter-Tribal Council of Arizona to overrule a provision of a 2004 voter-approved initiative aimed at illegal immigrants.

One portion of the initiative required proof of citizenship to register to vote and showing certain forms of identification before being able to cast a ballot.

In a split decision, the appellate court upheld the voter ID rules. But the judges said the state cannot strictly enforce the proof of citizenship requirement to register.

Judge Sandra Ikuta pointed out Congress mandated creation of a form designed to allow individuals to register to vote by mail. That form does not include a proof-of-citizenship requirement.

What that means, the judge said, is Arizona election officials have to register those people who sign up using the federal form, even if they do not provide the state-mandated identification.

In a petition to the high court, state Solicitor General David Cole urged the justices to immediately intervene. He argued the 9th Circuit ruling is flawed, and if it is allowed to take effect, it will make it difficult for Arizona and other states to ensure only those who are eligible get to cast a vote.

The federal law requires Arizona, and all other states, to accept and use the federal form. But the state, citing the 2004 ballot measure, is refusing to accept those forms without separate proof of citizenship.

Cole, in his arguments to Kennedy, said the federal National Voter Registration Act is designed to enhance the integrity of elections, but allowing people to vote without first proving they are citizens works in the opposite direction.

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Editor's Note: A very good sign...


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