Editorials: Kansas voting ‘cure is worse’ | Wichita Eagle

In signing off Friday on Secretary of State Kris Kobach’s galling plan to let some Kansans vote in some races and not others on Aug. 5, a judge concluded that “the cure is worse than the disease.” That’s an apt description of the law that Kobach sold as a remedy for voter fraud but that has created a barrier to voting for 19,500 Kansans. The American Civil Liberties Union wanted to block Kobach from treating voters’ ballots differently depending on whether they registered using the state or federal form. Shawnee County District Judge Franklin Theis probably chose the least confusing option of letting Kobach’s nutty two-tiered plan proceed while the larger legal battle plays out in federal court. As he said, if he forced election officials to count all votes from both kinds of registrants and Kobach later prevailed in court, it would be “a mess” at that point to try to identify and discount the unlawful votes.

Kansas: Judge rules for Kobach on voter registration | Associated Press

A judge cleared the way Friday for Kansas to use a dual voting system to help enforce its proof-of-citizenship rule for new voters, suggesting that doing otherwise could taint the state’s August primary election. Shawnee County District Judge Franklin Theis’ ruling was a victory for Secretary of State Kris Kobach, a conservative Republican who champions the citizenship rule as an anti-election fraud measure. Critics contend it will suppress the vote. Theis rejected the American Civil Liberties Union’s request to block a policy Kobach outlined last month in instructing county officials on handling ballots from voters who registered using a national form without providing a birth certificate, passport or some other documentation of their U.S. citizenship. Kobach advised counties to set aside the ballots and count only their votes in congressional races.

Kansas: ACLU seeks to block Kansas voter-citizenship move | Topeka Capital-Journal

The American Civil Liberties Union asked a Kansas judge Friday to prevent Secretary of State Kris Kobach from starting a “dual” voting system to help the conservative Republican enforce a proof-of-citizenship requirement for new voters that he championed. The ACLU filed a request for a temporary injunction with Shawnee County District Judge Franklin Theis in a lawsuit that the group filed last year on behalf of two voters and Equality Kansas, the state’s leading gay-rights group. Theis already had scheduled a hearing for July 11, and the ACLU wants its request considered then, ahead of the state’s Aug. 5 primary.

Editorials: All not well on voting | Wichita Eagle

With the Aug. 5 primary approaching, the voting rights of more than 18,000 Kansans are snagged on the law requiring proof of citizenship to register as of 2013. Yet Secretary of State Kris Kobach acts as if all is well. As for the governor, attorney general and legislative leaders – cue the crickets. Kobach even described the voters in limbo – 18.5 percent of the total attempted registrations since Jan. 1, 2013 – as “actually a pretty small percentage of the people who have registered since Jan. 1 (2013).” Recall that Kobach persuaded the Legislature of the need to pass a law in 2011 requiring photo ID to vote and proof of citizenship to register though there had been just seven convictions for voter fraud between 1997 and 2009. And although he claimed as a candidate in 2010 that “in Kansas the illegal registration of alien voters has become pervasive,” he recently referred to 20 cases of illegal immigrants registering to vote between 2006 and 2009 in Kansas having been presented in federal court.

Kansas: Hundreds of Douglas County voters still in limbo as primary election nears | Lawrence Journal-World

Douglas County election officials are reaching out to more than 600 would-be voters whose registrations are being held “in suspense” because they have not yet provided necessary documents to prove they are U.S. citizens. County Clerk Jamie Shew said Thursday that those voters have until Aug. 4 to provide those documents if they want to vote in the Aug. 5 primary elections for federal, state and local offices. But a small number of them – four, to be exact – may be eligible to vote in the federal primaries for U.S. House and Senate, although they will not be able to vote in state and local races. “There has been some confusion about that,” Shew said Thursday. “Some people think they can show their proof of citizenship at the polls. But they have to file it with us before Election Day to be eligible.”

Kansas: Decision on Kansas voting law could come in time for general election | Wichita Eagle

A decision on whether the federal government must follow Kansas’ rules requiring proof of citizenship to register to vote could come by the end of September, in time for the Nov. 4 general election, according to a federal agency’s filing in a Denver appeals court. A federal lawyer has suggested that oral arguments in the case could be held as early as July 21 or as late as Sept. 8 and still leave the 10th Circuit Court of Appeals enough time to decide the case by Sept. 30, “in time to inform registration in the run-up to the general election.” The deadline to register for the general election is Oct. 14. The court conflict is over a federal registration form authorized by the national Help America Vote Act. That form requires prospective voters to swear they are citizens, under penalty of law.

Texas: Texas woman, 92, gets voter ID after struggle with state law | NY Daily News

A frail 92-year-old woman has earned her right to vote Tuesday after struggling with new voter identification laws sweeping across the U.S. Ruby Barber, a senior citizen in the small town of Bellmead, Texas, had been unable to vote because she could not find her nearly century-old birth certificate that she’d need to obtain a voter ID under a new state law. “I’m sure (my birth) was never reported because I was born in a farmhouse with a coal oil lamp,” Barber, 92, told the Waco (Texas) Tribune. “Didn’t have a doctor, just a neighbor woman come in and (delivered) me.” This was rectified Tuesday when the state was able to verify her citizenship by finding her birthday in a U.S. census taken in the 1940s, Barber’s son Jimmy Denton told the Tribune. Barber also showed her Social Security card, two utility bills and her Medicare card.

Texas: Officials won’t allow 92-year-old woman to get voter ID | NY Daily News

A frail 92-year-old woman is the latest victim of new voter identification laws sweeping across the U.S. Ruby Barber, a senior citizen in the small town of Bellmead, Texas, has been unable to vote because she can’t find her nearly century-old birth certificate that she’d need to obtain a voter ID under a new state law. “I’m sure (my birth) was never reported because I was born in a farmhouse with a coal oil lamp,” Barber, 92, told the Waco (Texas) Tribune. “Didn’t have a doctor, just a neighbor woman come in and (delivered) me.” Barber visited the state’s Department of Public Safety office last week to request the newly required election identification certificate, but was declined after she didn’t have a birth certificate.

National: Court issues temporary stay over voter citizenship | Associated Press

Kansas and Arizona residents can continue to register to vote for now using a federal form without having to provide proof of citizenship, a federal appeals court ruled Thursday. The 10th Circuit Court of Appeals temporarily stayed a ruling from U.S. District Judge Eric Melgren that orders the U.S. Election Assistance Commission to modify its federal voter registration form to add special instructions for Arizona and Kansas residents about those states’ proof-of-citizenship requirements. Circuit Judges Carlos Lucero and Jerome Holmes granted the emergency stay sought Thursday by the commission and voting rights groups, a day after Melgren rejected a similar request to suspend his ruling during the appeal. Melgren had ordered the commission on Wednesday to carry out “without further delay” his March 19 directive. The temporary halt is in effect until further order from the appeals court. The 10th Circuit judges gave Kansas and Arizona until Tuesday to respond to the commission’s request to suspend the ruling during the appeal. … In addition to the stay, the commission also asked the court Thursday to consider its appeal of the decision itself on an expedited basis, preferably in a special session this summer. The EAC argued in its filing that the decision will cause “considerable uncertainty” for voters in Arizona and Kansas in the run-up to the primaries in those states in August and the general election in November. Both states’ elections include federal offices.

Kansas: State can require proof of citizenship for voters in federal elections, judge rules | Kansas City Star

Kansas and Arizona can require voters to produce proof of citizenship before letting them vote in federal elections, a judge ruled Wednesday. The federal judge dealt the two states a decided win, ruling that the federal government overstepped its authority by limiting what the states could require of prospective voters. U.S. District Judge Eric Melgren ordered the Election Assistance Commission to immediately modify the federal voter registration form for Kansas and Arizona to include proof of citizenship. “Kansas has paved the way for all states to enact proof-of-citizenship requirements,” Kansas Secretary of State Kris Kobach said. Commission spokesman Bryan Whitener declined to comment, saying the ruling is being reviewed. He wouldn’t say how long it would take to change the federal registration form to comply with the decision.

Wisconsin: State Supreme Court hears arguments on voter identification law; no timeline on ruling | Star Tribune

A member of the Wisconsin Supreme Court’s conservative majority said Tuesday she’s troubled by the state’s voter photo ID requirements, saying it’s not fair that people who lack identification may have to pay for supporting documents to obtain it. The League of Women Voters and the NAACP’s Milwaukee branch have filed separate lawsuits challenging the Republican-authored voter ID mandate. Both cases have wound their way to the Supreme Court; the justices spent more than three hours listening to oral arguments in a packed hearing room Tuesday. The lawsuits face an uphill fight given the court’s ideological makeup. Surprisingly, though, Justice Patience Roggensack said the provisions were troubling because people who lack acceptable IDs for voting would have to pay for copies of supporting documents, such as birth certificates, to get them. “It’s still a payment to the state to be able to vote,” Roggensack said. “That bothers me.”

Wisconsin: Justices hear voter ID arguments | WLUK

A Wisconsin law requiring voters to show identification at the polls went before the state’s highest court Tuesday. The Wisconsin Supreme Court listened to arguments for more than three hours in front of a packed courtroom. Attorneys on both sides of the law faced questions from the court’s justices. Justice Pat Roggensack told the state’s attorney she’s concerned some people have to pay $20 for a birth certificate, which they need to get an ID. “It’s still a payment to the state to be able to vote. That bothers me, can you address that?” asked Roggensack. “Since the voter ID law was in place, or was going to be in place, there were some places in Wisconsin that offered free birth certificates,” responded Clayton Kawski, an assistant Attorney General for Wisconsin. The law was enacted in 2011. It was in effect for a primary election in February 2012, but it was blocked soon after by a court order. It hasn’t been in place since.

National: Kansas, Arizona rekindle voter citizenship lawsuit | Associated Press

Kansas and Arizona have rekindled a lawsuit seeking to force the U.S. Election Assistance Commission to require residents to show proof-of-citizenship when registering to vote, arguing that a recent agency decision to deny the requests was unlawful. In a filing late Friday in a case with broad implications for voting rights, the two states asked U.S. District Judge Eric Melgren to order federal officials to include state-specific requirements in federal voter registration forms. Kansas and Arizona require voters to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote. People who register using the federal form sign only a statement under oath that they are U.S. citizens. The latest legal move was not unexpected. Melgren had previously scheduled a Feb. 11 hearing in the wake of a decision last month by the election commission that rejected the states’ requests, finding that stricter proof-of-citizenship rules hinder eligible citizens from voting in federal elections.

Kansas: Kobach: Birth-records scan helps 7,700 Kansas voters meet citizenship requirement | Wichita Eagle

Kansas Secretary of State Kris Kobach said Wednesday that comparing voter registration applications against Kansas birth certificates will reduce the backlog of registrants whose voting rights are on hold for not providing proof-of-citizenship documents. Checking the state’s birth certificates has reduced the number of prospective registrants who can’t vote by 7,700, from slightly more than 20,000 to about 12,500, Kobach said in testimony before the House Elections Committee. The backlog of suspended registrants has been a significant concern to some legislators and voting-rights advocates who object to the Secure and Fair Elections Act, a Kobach-inspired law that requires voters to provide proof of citizenship before they can become eligible to vote.

Editorials: Defend voting rights | Wichita Eagle

How disappointing that in a 2,866-word State of the State address quoting the Kansas Constitution’s statement that “all political power is inherent in the people,” Gov. Sam Brownback failed to speak up for the 20,000 people in Kansas whose voter registrations are stalled. At least the U.S. Election Assistance Commission mentioned them in its ruling Friday. Kansas, Arizona and Georgia wanted the commission to provide an instruction on the federal voter-registration form regarding their requirements that those registering in their states provide proof of citizenship such as a birth certificate or passport. Since the Kansas law went into effect in January 2013, more than 20,100 applicants have seen their voter registrations put on a suspense list for lack of paperwork. The EAC staff ruling denying the states’ requests said Congress specifically considered and rejected requiring such documentation when passing the National Voter Registration Act in 1993. “Such burdens do not enhance voter participation, and they could result in a decrease in overall registration of eligible citizens,” the ruling said. It pointed to Kansas’ lengthening list of applicants placed in suspense status, saying the requirements risk discouraging voter-registration drives.

Pennsylvania: It turns out disenfranchising people is unconstitutional | The Economist

During the 2012 presidential election I accompanied some canvassers going door to door in Philadelphia. Their aim was to remind people in this pivotal swing state to vote and to vote Democrat. Again and again, the big concern among the folks opening their doors was the state’s new and very strict voter-ID law, which required voters to provide a government-issued picture ID. The law would have made it impossible for hundreds of thousands—some say 750,000—of people to vote, most of them likely to vote Democratic. Not even government-issued welfare cards and military identification cards were acceptable. Plenty of older Philadelphians, many of them black, do not even have a birth certificate.

National: Election Assistance Commission rejects voter registration changes for states | Associated Press

The U.S. Election Assistance Commission on Friday rejected requests by Kansas, Arizona and Georgia to modify federal registration forms to allow their states to fully implement proof-of-citizen voting laws for their residents. The decision came just hours before a court-imposed deadline in a lawsuit filed by Kansas and Arizona in U.S. District Court in Kansas. Georgia is not part of that litigation but has similar requirements. The agency found that granting the states’ requests would “likely hinder eligible citizens from registering to vote in federal elections,” undermining the core purpose of the National Voter Registration Act. Most immediately, the issue will likely return to the courtroom of U.S. District Judge Eric Melgren, who has held onto litigation in anticipation of further proceedings. Both states enacted laws requiring new voters to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote, and most voters use state forms that enforce the requirement. But some voters use the federal form, which requires only that someone sign a statement under oath that he or she is a U.S. citizen, and Kansas and Arizona want to force a change to close what their officials see as a loophole in enforcement of their proof-of-citizenship requirements.

Kansas: Democrats submit voter registration reform bill | Capital-Journal

Democrats in the Kansas House and Senate opened the legislative session Monday by introducing a bill intended to counter obstacles to registration and voting raised by the state’s proof-of-citizenship mandate. Rep. Jim Ward and Sen. Oletha Faust-Goudeau, Wichita Democrats, proposed the Protection Against Voter Suppression Act. The bill adds a provision similar to federal law that would permit Kansans to vote after signing an affidavit stating they are a U.S. citizen. False statements could be prosecuted as a felony crime. The target of the legislation is a proof-of-citizenship law championed by Secretary of State Kris Kobach, adopted by the Republican-led Legislature and signed by Gov. Sam Brownback.

Editorials: Why voter ID will disenfranchise minorities | politics.co.uk

Another day, another group trying to pass legislation on the basis of perception. The Electoral Commission is generous enough to preface its demand for voter identification at polling stations with the admission that there is no evidence of widespread voter fraud. But, in a now traditional refrain, it adds that something must anyway be done because “the public remain concerned that it is taking place”. That is not in itself problematic. Where confidence in the electoral system can be enhanced, one should be open to doing so. Unfortunately, the Commission’s proposal would further disenfranchise young people, women, the poor and minorities. Sometime before the 2019 European and English local elections the Commission will publish details of a proof of identity scheme and enact it. Its report makes frequent reference to Northern Ireland, where such a scheme is already in place. The most thorough data on the effect of voter ID comes from the US, where cynical Republicans have been deploying it to counter demographic changes which are not to their advantage. A particularly brutal example was recently introduced in Texas.

Kansas: State to add voters to rolls by comparing birth certificates | Kansas City Star

More than 19,000 of the Kansans who signed up to vote to last year saw their registrations set aside because they didn’t prove their U.S. citizenship to the state. Kansas Secretary of State Kris Kobach has a plan to make more of those voters eligible. His solution might cause even more legal problems. Kobach wants to match the list of suspended registrations with records kept at the state health department to determine who has Kansas birth certificates, one of the documents accepted for proving citizenship. The state’s vital statistics office will compare lists of would-be voters to its records. Kobach’s office would be notified when matches are confirmed. The procedure will be followed in the future as Kansans register to vote. “This, in my view, is good government,” Kobach said. But critics were quick to point out that Kobach’s idea could pose constitutional problems because it treats voters born in Kansas differently from voters born elsewhere.

Kansas: Federal Officials Will Take A Second Look At Kansas Voting Request | KCUR

A federal agency has been ordered to take another look at the national voter registration form and consider a change requested by Kansas and Arizona. The two states require proof of citizenship in some cases when registering to vote. The states want the federal form to include instructions on the document requirement. Kansas Secretary of State Kris Kobach says the federal Election Assistance Commission hasn’t yet made a decision. “Because the agency has right now basically said ‘we’re in limbo, we can’t act,'” says Kobach. “And what that means for the state of Kansas and for the state of Arizona is that we cannot fully enforce our laws with respect to one particular form people use for registering.” The commission says it hasn’t acted yet on the request because it is short on commissioners.

National: Federal judge sends voter citizenship lawsuit filed by Kansas, Arizona, back to EAC | Associated Press

A federal judge sent back to federal elections officials Friday a request by Kansas and Arizona to force modifications in a national voter registration form so the states can fully enforce proof-of-citizenship requirements for their residents. U.S. District Judge Eric Melgren gave the U.S. Election Assistance Commission until Jan. 17 to make a final agency decision on the requests by the two states, but kept control of the lawsuit in anticipation of further court proceedings. The commission has told the states it has deferred acting on the request until it has a quorum of commissioners. The panel has been without a quorum since about 2010 and has been without any commissioners since 2011, the judge noted in his order. Melgren found there has been no final agency decision, essentially making a jurisdictional ruling in the case. But he noted that the Justice Department has argued that even without commissioners the agency can act upon the states’ requests.

Arizona: Kansas: Judge to hear arguments in voter citizenship suit | Associated Press

A federal judge will hear arguments Friday in the lawsuit filed by Kansas and Arizona requesting the national voter registration form be changed so that the two states can fully enforce proof-of-citizenship requirements for new voters ahead of the 2014 midterm elections. Kansas Secretary of State Kris Kobach and Arizona counterpart Ken Bennett want the federal court to order the U.S. Election Assistance Commission to include instructions on the federal form that would require Kansas and Arizona residents to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote. Kobach has pushed the proof-of-citizenship policy as a way to prevent non-citizens — particularly immigrants living in the U.S. without legal permission — from registering and possibly voting. The U.S. Justice Department, which is representing the election commission, has argued that changing the requirements on the federal form for residents of Kansas and Arizona would in essence affect nationwide policy because it might encourage every state to seek increased proof of citizenship in order to register for federal elections. The current federal registration form requires only that someone sign a statement that he or she is a U.S. citizen.

Voting Blogs: State of Texas files final brief on effort to dismiss voter ID suits | Texas Redistricting

The State of Texas filed a reply brief today defending Texas Attorney General Greg Abbott’s position that the voter ID suits filed by the Justice Department and by African-American and Hispanic voters should be dismissed without need for a trial. In addition to challenging the standing of some of the individual and organizational plaintiffs, the brief reiterated the state’s contention that the claims should be dismissed because the Texas voter ID law was “no more difficult than ‘the usual burdens of voting’” and argued that the plaintiffs had failed to “produce or allege the existence of any person, of any race, who could not get a free EIC because of anything other than what may be fairly characterized as that person’s choice.”

Wisconsin: Voter ID Gets Another Day in Court | New York Times

A federal trial in Milwaukee on Wisconsin’s 2011 voter ID law concluded recently, and the verdict, when it comes, will help define the future of the Voting Rights Act, which has been in question since the Supreme Court gutted a core provision, Section 5, in June. This case could also set an important precedent for lawsuits recently filed against similar laws in Texas and North Carolina. The Wisconsin law, which is now on hold, is among the strictest in the country. It requires a voter to show poll workers government-issued photo identification, like a driver’s license or passport. The law’s challengers, which include the A.C.L.U., the League of United Latin American Citizens, the League of Young Voters and several private citizens, sued under Section 2 of the Voting Rights Act. That section, which survived the Supreme Court’s ruling, prohibits state and local governments from imposing any “voting qualification or prerequisite to voting” that has a racially discriminatory effect. The test is whether a law causes minority voters to have “less opportunity than other members of the electorate to participate in the political process.” The plaintiffs presented substantial evidence that the Wisconsin statute had precisely that effect.

Kansas: Citizenship law root of Kansas lawsuits | Enquirer Herald

Secretary of State Kris Kobach and his critics are tangled in two lawsuits over whether Kansas will create a dual voter registration system, but the disputes are only proxies for ongoing battles over the state’s proof-of-citizenship law. The lawsuits, one each in state and federal court, deal with how Kansas treats prospective voters who use the federal government’s national registration form. The federal form has people sign a statement affirming their U.S. citizenship but doesn’t require them to produce a birth certificate, passport or other citizenship papers. If people use state registration forms, they aren’t eligible to cast ballots in any race until they produce citizenship papers under a law that took effect in January. Under a dual registration system, people who use the state form and comply with the proof-of-citizenship rule could vote in any race on the ballot. People who use the federal forms and don’t submit citizenship papers to election officials would be eligible to vote only in presidential, U.S. Senate and congressional races.

Kansas: Kansans May Be Able To Vote For President But Not Governor | KMUW

On January 1, 2013 a new law went into effect in Kansas.  The law requires new voters to prove their U.S. citizenship in order to register.  As a result of the new regulations, more than 17 thousand Kansans, including more than 3,900 potential voters in Sedgwick County, remain in “suspended” status for failing to provide a birth certificate or other qualifying document when registering. Kansas Secretary of State Kris Kobach authored the Secure and Fair Elections Act. Kobach says most people don’t carry birth certificates around, the law was written in a very permissive way. It allows applicants to take their time to complete their registration. … Doug Bonney of the American Civil Liberties Union of Kansas says the proof of citizenship document is unnecessary and that the problem does not really exist. “There just isn’t that type of fraud,” Bonney said. “People do not show up at the election authorities and try to register to vote when they’re not citizens, so there’s no need for this.”

Kansas: On-hold voter registrations rising | CJOnline.com

The number of voter registrations on hold in Kansas because of the state’s proof-of-citizenship requirement is rising again. Secretary of State Kris Kobach’s office said Wednesday that almost 17,700 registrations were on hold because new voters hadn’t provided a birth certificate, passport or other papers documenting their U.S. citizenship to election officials. The figure peaked at about 18,500 in October but dropped to fewer than 17,200.

Wisconsin: Voter ID Trial Outlines Law’s Discriminatory Impact | Salem News

A legal challenge to Wisconsin’s restrictive voter ID law – the first trial challenging a voter ID law under Section 2 of the Voting Rights Act, since the June 2013 Supreme Court decision in Shelby County v. Holder – concluded on Friday, November 15. During the two-week trial, attorneys from Advancement Project and pro bono counsel Arnold & Porter showed that Wisconsin’s photo ID law would exclude hundreds of thousands of eligible Wisconsin voters who do not have state-issued photo ID from voting, and that African-American and Latino voters disproportionately lack the ID needed to vote under the law. “The bedrock of our case is the statistical disparity in who has access to the kinds of ID voters need to vote under the Wisconsin law,” said James Eichner, Managing Director for Programs at the Advancement Project. “Statewide, African Americans are 40 percent more likely to lack an ID, and Latinos are 230 percent more likely not to have ID.” Voter ID laws have been introduced in 24 states across the country this year, despite the fact that people of color, seniors, young people and low-income communities are less likely to have government-issued photo ID. In many cases, obtaining an ID can be difficult, costly and sometimes impossible. In order to get a state-issued ID, for example, most voters must present a birth certificate or, for those born outside Wisconsin, contact government agencies in other states.

Kansas: Voters sue over registration rules | Associated Press

Kansas Secretary of State Kris Kobach was sued Thursday by people seeking to block him from imposing a dual voter registration policy as part of the state’s proof-of-citizenship law. But Kobach said that while his office has done some planning for such a system, he’s trying to avoid creating it. The American Civil Liberties Union filed the lawsuit in Shawnee County District Court on behalf of Equality Kansas, the state’s leading gay rights group, and prospective voters Aaron Belenky of Overland Park and Scott Jones of Lawrence. It seeks to prevent Kobach from creating a registration system in which some voters are eligible to cast ballots only in presidential, U.S. Senate and congressional races, while others can cast ballots in all races. The different treatment would be based on whether the prospective voter uses a national registration form _ which requires only that someone sign a statement that he or she is a U.S. citizen _ without complying with the state’s additional requirement to present a birth certificate, passport or other citizenship papers. People using a Kansas form could vote in all races, but only if they complied with the proof-of-citizenship requirement, which took effect in January.