While 56 percent of Arizona voters approved a controversial initiative attempting to crack down on illegal immigrants Tuesday, Proposition 200 opponents plan to continue their fight in the courtroom.
Rep. Steve Gallardo, D-Phoenix, said he expects a legal challenge to be filed later this month.
"It's unfortunate that the initiative passed," Gallardo said. "But the next step now is legal action to look closely at this initiative and its consequences."
Proposition 200 requires all Arizonans to provide proof of citizenship when registering to vote, show identification when voting and provide proof of eligibility to receive non-federally mandated public benefits.
State and local government employees who fail to report suspected illegal immigrants seeking public benefits could face a Class 2 misdemeanor charge, punishable by up to four months in jail and a fine of up to $750.
Gallardo said the court would have to define "public benefits" because its current definition is too broad. Presently, it could apply to any public benefit, including immunization, fire and library services.
The initiative would also create a burden for state and local government employees; they would have to verify each applicant for public benefits, Gallardo said.
Kris Kronenberg, coordinator in north Maricopa County for Protect Arizona Now, a grassroots organization that is the main supporter of Proposition 200, said she had heard opponents on the news talking about a legal challenge.
"It's going to be interesting how [the legal challenge] will play out," Kronenberg said.
She said the group is very pleased with the election results.
"A majority of Arizona voters made a statement and that is: We need immigration reforms, and they agreed with Proposition 200," Kronenberg said. "The goal of Proposition 200 is to maintain the integrity of our election system by making sure our election laws are enforced."
Gallardo said supporters of Proposition 200 broke the law when they distributed two different versions of the initiative, one being incorrect.
Opponents of the initiative filed a lawsuit 11 days before the election to block the measure from appearing on the ballot because there was a wording error on a majority of the petitions, but a Maricopa County superior judge ruled that the challenge came too late.
Gallardo, a former campaign finance administrator with the Maricopa County Elections Department, said voter fraud is not a problem at polling locations.
"The problem is in the petition process, not at the polling sites, and that's the type of fraud that we need to be fighting," Gallardo said.
He said with legal challenges, the initiative would be hung up in the courts, and it would take years before it becomes law.
Kronenberg said the group's major project is fund raising to pay more than $25,000 in legal fees. Protect Arizona Now recently faced three lawsuits for which they are still paying.
David Virgil, facilitator of El Concilio of ASU, a student organization, said he is disappointed the initiative passed.
"I am optimistic that, with plans of a legal challenge to this measure, the court will see how Proposition 200 will negatively impact our state," Virgil said.
Reach the reporter at laosamoa.poasa@asu.edu.
