Finally, another PROPER ruling by an American judge: . Federal Judge Rules State Proof of Citizenship Laws Must be Included in Voter Registration Forms Last Wednesday, a federal judge ordered the Federal Election Assistance Commission (EAC) to add language to the Federal mail voter registration forms for Arizona and Kansas regarding those states proof of citizenship requirement. (Kobach v. Election Assistance Commission, No. 13-cv-4095, p. 28, Mar. 19, 2014) (hereinafter Kobach) Both Arizona and Kansas have adopted laws that require persons applying to vote to provide satisfactory proof-of-citizenship before becoming registered and requested the EAC to update the registration forms for their states. (Id. at 5) The Court held that the EAC may not refuse to update the state-specific registration forms. (Id. at 27) In Kobach, Kansas Federal District Court Judge Eric F. Melgren tackled the question of whether the EAC was required to amend the state-specific voter registration forms as requested, or whether the EAC had discretion to deny the states request. Kansas and Arizona had sought such a change from the EAC to comply with a Supreme Court ruling that the EAC is the proper body to make such changes to the forms. (See Arizona v. Inter Tribal Council of Arizona, Inc., 133 S. Ct. 2247 (2013)) However, the EAC initially refused to modify the federal voter registration form, arguing the Commission lacked authority to make this change until it had a quorum. In August 2013, the two states sued the EAC to implement the changes. Then, in December of 2013, Judge Melgren rejected the EACs lack of quorum argument and ordered the EAC to render an official decision on whether to make the requested changes to the state-specific forms.(Kobach at 5). However, in January 2014, the EAC once again refused to update the forms to acknowledge the proof of citizenship requirement. The EAC argued that it had discretion to refuse to make the changes sought by Arizona and Kansas because, in its view, the additional proof of citizenship was not necessary. (Id. at 25) Arizona and Kansas challenged the EACs decision, charging it was unlawful and Judge Melgren agreed. The Court held that the EAC did not have the discretion to determine whether proof of citizenship is necessary on voting forms. The court then ordered that the EAC add certain language requiring evidence of citizenship requested by Arizona and Kansas to state-specific instructions of the federal mail voter registration form. (Id. at 28) Kansas Secretary of State Kris Kobach, the named plaintiff in the case, praised the decision. Kansas has paved the way for all states to enact proof-of-citizenship requirements, Kobach declared. (Kansas City Star, Mar. 19, 2014) Alabama currently has unenforced legislation on proof-of-citizenship which its legislature passed in 2011. Alabama Secretary of State Ken Bennett said that whether Alabama will seek to put the proof-of-citizenship requirement into effect will depend partly on whether Kobach is appealed. (Tuscaloosa News, Mar. 24, 2014)
Posted on: Wed, 26 Mar 2014 21:05:34 +0000
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