Opinion
CV 04-649 TUC DCB.
December 7, 2004
ORDER
Pending before this Court is Defendants' Motion to Modify/Clarify Temporary Restraining Order and Request for Expedited Consideration. Defendants seek to clarify or modify this Court's earlier Temporary Restraining Order to permit the Governor to issue her proclamation regarding Sections 3, 4, and 5 of Proposition 200. Those Sections of Proposition 200 deal exclusively with voting and, pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, cannot be implemented until approved by the Department of Justice. Plaintiffs' challenge to Proposition 200 is expressly limited to Section 6, which establishes requirements concerning eligibility for public benefits. Indeed, Plaintiffs specifically excluded Sections 3, 4, and 5 of Proposition 200 from their Application for Temporary Restraining Order.
Accordingly,
IT IS ORDERED that Defendants' Motion to Modify/Clarify Temporary Restraining Order and Request for Expedited Consideration (document 20) is GRANTED and this Court's Temporary Restraining Order (document 10) is modified to permit Governor Napolitano to issue her proclamation regarding Sections 3, 4, and 5 of Proposition 200 only. Once the Governor's proclamation has issued regarding Sections 3, 4, and 5 only of Proposition 200, such Sections may be submitted to the Department of Justice for approval. Section 6 of Proposition 200 remains enjoined by this Court's Temporary Restraining Order.