American Samoa: “People of American Samoa Aren’t Fully American” | Bloomberg

The circumstances of the birth of Republican presidential candidate Ted Cruz put constitutional citizenship into the headlines. Also in the news: A federal judge in Puerto Rico ruled last week that the U.S. Supreme Court’s gay-marriage decision doesn’t follow the flag to the island. What would happen if you mashed the two issues together, mixing birthright citizenship with the Constitution’s applicability to U.S. territories? The answer to this otherwise random-seeming question is in fact before the Supreme Court right now. At issue is whether it’s constitutional for Congress to deny birthright citizenship to people born in American Samoa, which has been a U.S. territory since 1900. In June, a conservative panel of the U.S. Court of Appeals for the D.C. Circuit upheld the congressional rule, which uniquely applies to American Samoa and no other U.S. territory. Now the Samoan-born plaintiffs are asking the Supreme Court to review the D.C. Circuit’s decision — and asking Congress to change the rules.

National: ‘Motor-voter’ registration laws pitted against citizenship IDs in court case | Washington Times

A federal official overstepped his authority by allowing three states to demand proof of citizenship on the national “motor-voter” forms that help many Americans register to vote, the Obama administration and allied groups argued Wednesday in a case that pits one part of the federal government against another. The League of Women Voters said eligible voters in Kansas, Alabama and Georgia will be turned away in a pivotal election year because the U.S. Election Assistance Commission’s executive director waded into a “clear question of policy” that can be tackled only by commissioners of the independent agency. “The practice is clear,” Michael C. Keats, an attorney for the league, told U.S. District Court Judge Richard J. Leon in the District of Columbia, pleading with him to block changes to the federal form’s instructions in all three states until their lawsuit is decided on the merits.

National: Judge won’t block proof-of-citizenship for new voters | Politico

A federal judge has turned down a request to block a federal official’s move allowing three states to enforce proof-of-citizenship requirements for people attempting to register as voters. U.S. District Court Judge Richard Leon declined to issue the temporary restraining order civil rights and voting rights groups sought to block approval of changes the states of Alabama, Kansas and Georgia obtained recently to a federal form that can be used in lieu of state voter registration applications. “Given that the registration deadlines for the Alabama and Georgia primaries and for the Kansas Republican Caucus had already passed at the time this TRO motion was filed…and that the effects of [the federal] actions on the ongoing registration process for the Kansas Democratic Caucus and plaintiffs’ rights and efforts thereto are uncertain at best, plaintiffs have not demonstrated they will suffer irreparable harm before the hearing on their Motion for a Preliminary Injunction,” Leon wrote in a four-page order issued Tuesday afternoon.

National: DOJ Backs Injunction Against Citizenship Proof On Federal ‘Motor Voter’ Forms | International Business Times

The League of Women Voters, a national voting rights advocacy group, has sued a federal commission charged with standardizing voter registration. But instead of defending its voting commission, the Obama administration appears to agree with the basis of the lawsuit seeking injunction against a proof of citizenship requirement on voter registration forms in three states. According to papers filed Monday in U.S. District Court, the Department of Justice has urged Judge Richard Leon to block a decision by the director of the Election Assistance Commission (EAC) allowing registration forms in Kansas, Alabama and Georgia to insist that voters provide documentation of citizenship. The federal National Voter Registration Act requires states to allow voter registration when residents apply for or renew a state government-issued ID or driver’s license, but does not sanction proof of citizenship requirements on so-called “motor voter” forms.

National: Department of Justice disowns EAC director’s move on proof of citizenship for voters | MSNBC

Even the federal government says the director of a federal election agency erred when he allowed a group of red states to require proof of citizenship for those looking to vote. In a court filing Monday, the U.S. Department of Justice wrote that it supported a motion by voting groups to immediately halt the controversial move made last month by Brian Newby, the executive director of the Election Assistance Commission (EAC). DoJ lawyers wrote that because the proof of citizenship requirement violates federal voting law, Newby’s decision was “not consistent with the statute” and “contrary to governing law.” The filing means that Newby’s position that the change was appropriate is in effect being disowned by his own legal team. Despite the DoJ’s stance, at a hearing Monday afternoon, U.S. District Court Judge Richard Leon declined to grant the voting rights groups’ request for a temporary restraining order against the move. Leon indicated that he wanted to wait until the full facts of the case are presented. A hearing is scheduled for March 9.

National: Judge seems skeptical of call to block voter proof-of-citizenship requirement | Politico

A federal judge sounded skeptical Monday about a request from voting and civil rights’ groups to block a federal official’s decision to embrace requirements in three states that new voters submit proof that they’re U.S. citizens. During a 90-minute hearing, U.S. District Court Judge Richard Leon repeatedly asked about past and upcoming registration deadlines in Alabama, Georgia and Kansas, suggested that the parties who brought suit earlier this month may have acted too slowly and seemed focused on the fact that only a small percentage of voters register in any given year. While the judge said he would not rule until Tuesday on the temporary restraining order requested by the League of Women Voters, the NAACP, and voter registration organization Project Vote, the thrust of his questions to several lawyers hinted that he was inclined against granting the order.

Kansas: Want to vote in this state? You have to have a passport or dig up a birth certificate. | The Washington Post

Ralph Ortiz served in the Air Force for 13 years. He was stationed on bases in the Middle East and in Kansas, where he decided to live after leaving the military. He registered to vote more than a year ago. But Ortiz was stunned to find out recently that his name was purged from the Kansas voting rolls because of a requirement he did not know about: He had to prove he was a U.S. citizen. Ortiz had gone to the Kansas Department of Motor Vehicles to renew his license, and he registered to vote at the same time. Ortiz did not have documents that prove his citizenship, and no one asked him for any. Last fall, he received a letter saying his voter registration was “in suspense” because he had not shown proof of citizenship documents, a state requirement to register in Kansas. His name is off the rolls. “I was shocked,” said Ortiz, a 35-year-old father of four who was born in New York. “I defended my country for 13 years. I own a home here in Kansas. I pay taxes in Kansas. I register my vehicles in Kansas. I’m a veteran who’s registered with the VA. There were many different avenues for them to figure out that I was a U.S. citizen. It was insulting.”

Kansas: ACLU lawsuit over voter ID law requiring citizenship proof | Reuters

The American Civil Liberties Union sued Kansas officials on Thursday over what it calls illegal demands for additional proof of citizenship for people trying to register to vote when they renewed or applied for drivers’ licenses. In a suit filed in federal court, the ACLU claimed that more than 35,000 potential voters were blocked over two years from voting because of the additional hurdle – or nearly 14 percent of all new registrants. The Kansas law requiring documents like a birth certificate or U.S. passport for voter registration, which took effect Jan. 1, 2013, is one of numerous voter ID laws passed by Republican-led state legislatures in recent years. The ACLU alleges that Kansas goes beyond what is required by federal law.

Kansas: Kobach enforcing debated voter registration rule | KSN-TV

There’s new information coming out for Kansans who want to register to vote for the first time. At issue is citizenship, and whether you’ll need to prove you’re legally a citizen before you can register. The issue has created a debate that’s put Kansas at odds with the federal government and left Kansas residents with questions. It’s also put different rules in place for which elections – federal or state – Kansans can vote in. Kansas Secretary of State Kris Kobach says he’s enforcing the citizenship rule. He’s sent a new set of instructions to county election officers, telling them everyone wanting to register to vote must prove their citizenship.

Kansas: Thwarted By The Courts, Kris Kobach Finds Yet Another Way To Restrict Voting | TPM

Kris Kobach, the Kansas secretary of state with a long history of pushing a stridently conservative agenda on voting rights and immigration, is back in the news again — this time, for the actions of one of his former underlings. Late last month, Kobach was granted permission by the newly-appointed executive director of a federal voting commission to require proof of citizenship in order to register to vote. The decision — issued unilaterally by Brian Newby, who previously worked under Kobach as an elections official in Kansas’ largest county — was a major surprise that was done without the say of the members of the U.S. Elections Assistance Commission (EAC), which had rejected Kobach’s request for the change twice before. The revised EAC guidance represented a major win for Kobach, who had been stymied by the courts in his efforts to fully implement his state’s proof-of-citizenship requirement. It is a blow to voting rights advocates who have opposed proof of citizenship requirements on the grounds that procuring the necessary documents will make ballot access harder people who are perfectly eligible to vote.

National: Voting rights groups sue EAC Executive Director Brian Newby | Associated Press

A coalition of voting rights groups on Friday sued a federal elections official who decided that residents of Alabama, Kansas and Georgia can no longer register to vote using a national form without providing proof of U.S. citizenship. The 224-page complaint filed in federal court, also named in the suit the U.S. Election Assistance Commission. It was brought by the League of Women Voters, Project Vote, the Georgia State Conference of the NAACP and others. Their complaint contends the action by executive director Brian Newby will hurt voter registration drives and deprive eligible voters of the right to vote in the presidential primary elections. It seeks a court order immediately blocking the changes to the federal voter registration form. “Voters should not have to face an obstacle course to participate and vote,” Elisabeth MacNamara, president of the League of Women Voters of the United States said in a news release.

American Samoa: US Territories citizenship case arrives at Supreme Court | Marianas Variety

The case for birthright citizenship for individuals born in U.S. territories, Tuaua v. United States, could be decided by the Supreme Court. Attorneys filed a petition for writ of certiorari Monday last week requesting that the Supreme Court review the decision of a lower court denying citizenship to people born in American Samoa. “Our goal is for the Supreme Court to recognize that citizenship is a constitutional right, not a mere congressional privilege, for the millions of Americans born in U.S. territories,” Neil Weare, president and founder of We the People Project, a nonprofit advocacy organization for Americans in U.S. territories, told NBC News. In June 2015, the District of Columbia Circuit Court ruled that the citizenship clause of the 14th Amendment was “ambiguous” as to whether birthright citizenship was guaranteed in overseas U.S. territories.

National: Groups Decry EAC Executive Director Brian Newby Acting on Citizenship Rule | Associated Press

More than 30 advocacy groups are asking a federal elections official to withdraw changes made to a national form requiring residents of Kansas, Alabama and Georgia to provide proof of U.S. citizenship in order to register to vote. The groups sent a letter Thursday to the new executive director of the U.S. Election Assistance Commission, arguing the impact would be particularly significant because 2016 is a presidential election year when people typically register in greater numbers.

Read the Letter (pdf)

Editorials: Kobach gets assist on voter registration | The Wichita Eagle

After years of trying, Kansas Secretary of State Kris Kobach just got the U.S. Election Assistance Commission to do what he wants. All it took was an edict from the EAC’s new executive director, Brian Newby – who just happens to be the former Kobach-backed elections commissioner of Johnson County. Kobach had been fighting with the EAC in and out of court over whether Kansans who use the federal voter registration form, which only asks applicants to swear they are U.S. citizens, should be compelled to prove U.S. citizenship, as state law has required since 2013 of those using the state form. He believed he could consider federally registered voters to be partially registered, and throw out their votes for local and state elections.

National: U.S. Election Official under Fire for “Secretive” Action Imposing Voter Citizenship Requirement in Three States | Associated Press

A federal elections official has decided — without public notice or review from his agency’s commissioners — that residents of Alabama, Kansas and Georgia can no longer register to vote using a federal form without providing proof of U.S. citizenship. The action by the new executive director of the U.S. Election Assistance Commission is being roundly criticized by voting rights activists, who say the “secretive move” will create additional barriers for potential voters, and one of the agency’s own commissioners, who says it contradicts policy and precedent. The new instructions were posted on the agency’s website, according to EAC’s executive director Brian Newby, who sent letters dated Jan. 29 to the three states that had requested the change. Under the new rule, any resident in those states who registers to vote using the federal form must show citizenship documentation — such as a birth certificate, naturalization papers or passport. In other states, no such documentation is needed to register; voters need only sign a sworn statement. The changes took effect immediately, Newby said, adding that any interested party could request a review from the commission, which is appointed by the president and confirmed by the Senate.

National: Change At Federal Election Agency Muddles Kansas Voter Registration Laws | NPR

Get ready voters: It’s time to be confused. Even as Americans start heading to the polls for this year’s presidential primaries, laws remain in flux in a number of states — including North Carolina and Texas, where voter ID requirements are being challenged in court. Now the U.S. Election Assistance Commission, the federal agency charged with helping to improve the running of elections, has added to the confusion. And unlike most voter ID conflicts — which involve showing identification at the polls — this comes earlier in the process, when residents are first registering to vote. The EAC has been in a long legal battle with Kansas regarding the state’s requirement that residents show proof-of-citizenship when they register to vote — even if they use a federal registration form, administered by the EAC. The federal form — which can be used throughout the United States as an alternative to local voter registration forms — requires individuals to swear that they are citizens, not provide a birth certificate or other document as proof.

Voting Blogs: EAC Adds Proof of Citizenship Instructions to Federal Form | Election Academy

Few recent stories in election policy have taken more twists and turns than the saga of Kansas’ (and other states’) efforts to impose proof-of-citizenship requirements on the federal voter registration form. State officials and the EAC have been back and forth on the question numerous times, including two trips to the Supreme Court and several suits in state court. The current state of play is that proof-of-citizenship is unenforceable against voters who use the federal form, and – at least for now, pending appeal – that such requirements cannot be used in Kansas to deny voters a full ballot in state and local elections. That story got a little stranger yesterday with news that the EAC has updated state instructions on the federal form for Kansas (see p. 8) and a few other states to include proof-of-citizenship requirements. New EAC executive director Brian Newby sent letters dated last Friday to several states, including Kansas, who had recently requested that the agency update the instructions. The letter says the requested changes have been made and notes that the EAC is launching an effort to begin “a systematic process with all states to update State-Specific Instructions regularly.” It also asks states to notify the EAC “if any additional State-Specific Instructions are in need of modernization or further calibration with your procedures.”

Arizona: On Sidelines Of New Voter Registration/Proof of Citizenship Battle… Which It Started; Could Jump Back Into Fray | Arizona’s Politics

Arizona started the battle over adding a proof of citizenship requirement to the national motor-voter registration forms, going to the U.S. Supreme Court twice over the matter. Today, word came out that the Commission in charge of the national forms was giving in on the issue, kicking off an intra-commission battle which could spread to the states and courts. Arizona is currently on the sidelines, although Secretary of State Michele Reagan could soon join in. Here is the background: The U.S. Election Assistance Commission was a commissioner-less commission for several years, which led to some of the Arizona/Kansas fights with it over the forms. Arizona had passed Prop 200 back in 2004, which required documentation proving citizenship before being registered to vote. That went to the Supreme Court, and Justice Scalia gave the state a road-map on how to navigate through the EAC.

Kansas: Kobach: No plans to ask lawmakers for dual-registration law | Associated Press

Kansas Secretary of State Kris Kobach said Wednesday that he has no plans to ask lawmakers to ban voters who registered with a federal form from casting ballots in state and local elections. Instead, he said he may appeal or ask a judge to reconsider a state court’s ruling last week that he had no legal right to institute the state’s “dual registration” system, in which those who register using a federal form that doesn’t require proof of U.S. citizenship may only vote in federal races. Under that system, voters may only cast ballots in state and local races if they register using the state form, which requires proof of citizenship.

Kansas: Judge rules Kris Kobach can’t operate two-tier election system in Kansas | The Kansas City Star

Kansas Secretary of State Kris Kobach can’t operate a two-tier voting system that allows him to count only votes cast in federal races for voters who registered using a federal form, a state judge ruled Friday. “There’s just no authority for the way the secretary of state has handled federal form registrants,” said Doug Bonney of the American Civil Liberties Union of Kansas, which represented plaintiffs in the case. Kobach championed a 2013 Kansas law that requires those registering to vote to provide proof-of-citizenship documents, typically a birth certificate or passport. But the federal registration form only requires a sworn statement from the voter as proof of citizenship.

National: It May Be Time to Resolve the Meaning of ‘Natural Born’ | The New York Times

After he left Wall Street to enter politics eight years ago, Representative Jim Himes, Democrat of Connecticut, began fielding the occasional question of when he intended to run for president. “It has come up in jest any number of times,” said Mr. Himes, who always has his answer ready. “There could be constitutional questions.” Mr. Himes, you see, was born in Peru in 1966 while his father worked for the Ford Foundation. That makes him one of at least 17 current members of Congress who, because of their birth outside the United States, could run afoul of the Constitution’s “natural born citizen” presidential requirement should they try to relocate down Pennsylvania Avenue.

Kansas: Judge rules Kris Kobach can’t operate two-tier election system in Kansas | The Kansas City Star

Kansas Secretary of State Kris Kobach can’t operate a two-tier voting system that allows him to count only votes cast in federal races for voters who registered using a federal form, a state judge ruled Friday. “There’s just no authority for the way the secretary of state has handled federal form registrants,” said Doug Bonney of the American Civil Liberties Union of Kansas, which represented plaintiffs in the case. Kobach championed a 2013 Kansas law that requires those registering to vote to provide proof-of-citizenship documents, typically a birth certificate or passport. But the federal registration form only requires a sworn statement from the voter as proof of citizenship. So Kobach decided that for those who use the federal form to register rather than the state form, only their votes for national offices — for president and members of Congress — would be counted. Votes in other races wouldn’t be counted.

Kansas: New plaintiff seeks to join suit challenging proof of citizenship law | Lawrence Journal World

Attorneys in a federal lawsuit challenging Kansas’ proof of citizenship voting law are seeking to add another plaintiff in the case as part of their effort to turn it into a class action lawsuit. Last week, attorneys filed a motion to amend their complaint, adding a 20-year-old Kansas University student, Parker Bednasek, as a plaintiff. If approved, he would serve as a representative of all members of the class of people whose voter registrations are being blocked for failure to show valid proof of U.S. citizenship. Plaintiffs are asking the court to declare the proof of citizenship law unconstitutional. They are also asking for an injunction to prevent the state from enforcing a new regulation that requires county election officers to cancel all incomplete applications after 90 days.

Voting Blogs: In Kansas, 90 Days to Prove Citizenship | State of Elections

Is 90 days enough time to comply with proof-of-citizenship voter registration requirements? In Kansas, at least 31,000 presumably qualified electors who have attempted to complete applications to register to vote will see their applications deleted under new administrative regulations in the state. Most of these applicants failed to submit proof of their U.S. citizenship, to a county election official satisfactory which is required by the 2011 Kansas Safe and Fair Elections Act (“S.A.F.E. Act”). Such suspended voters are generally unable to cast ballots in local, state, or federal elections; however, following the U.S. Supreme Court’s decision in Arizona v. Inter-Tribal Council of Arizona, Inc., under the National Voter Registration Act (“NVRA”), any Kansan who applies to register to vote using the federal voter registration form is allowed to vote in federal elections, even if he or she does not include proof-of-citizenship. In order to be removed from the list of suspended voters and be added to the state’s voter rolls, applicants must provide proof-of-citizenship to their local county election official. Under the previous system, county election officials worked feverishly to contact all applicants on the suspended list repeatedly in order to help them complete the proof-of-citizenship requirement. Some argue these unending attempts to encourage applicants to comply with registration requirements were too onerous.

Kansas: Kobach, public await actions by two courts on proof of citizenship law | Lawrence Journal World

Two separate courts are expected to act soon on lawsuits challenging a controversial state law requiring new voters to show proof of U.S. citizenship in order to register to vote. Since the law took effect in 2013, more than 32,000 Kansans have had their registrations placed “in suspense” because they failed to provide the required citizenship proof. And now, under a new regulation by Secretary of State Kris Kobach, state and county election officers are actively purging the suspense voter list of any applications that have been pending for more than 90 days. On Dec. 4, a federal judge in Kansas City, Kan., will hold a hearing in a case seeking to block election officials from doing tha

Kansas: Want To Get Out Of ‘Voter Purgatory’ In Kansas? Try Suing. | Huffington Post

To get out of voter registration “purgatory” in Kansas, it helps to sue. That’s what two young men and their attorneys found when they took Secretary of State Kris Kobach (R) to court over a state law that requires residents to present proof of citizenship documents in order to vote in state and federal elections. If a Kansan registers to vote but does not provide one of 13 valid proof-of-citizenship documents, such as a birth certificate or passport, he or she is placed on a so-called “suspense” list. Just three other states in the country have such a requirement on the books, and Kansas and Arizona are the only states enforcing it. About 36,000 Kansans were in this state of “voter purgatory” as of early October. For comparison, the state has 1.7 million registered voters.

Kansas: Lawyers in voter registration lawsuit against Kobach ask for class-action status | The Wichita Eagle

A court challenge by two Douglas County residents against Kansas Secretary of State Kris Kobach could become a class-action suit that represents many of the 36,000 people slated to have their incomplete voter registrations canceled. Lawyers for Cody Keener and Alder Cromwell filed an amendment Tuesday to make the change. Kobach has asked the federal court to dismiss the case because Keener and Cromwell are now registered to vote. His office registered them by obtaining proof-of-citizenship documents on their behalf, which is allowed by the registration statute. Will Lawrence, attorney for Cromwell and Keener, said their case remains valid despite Kobach’s subsequent action to register them. “But we also realize this case involves tens of thousands of Kansans who have ended up on the suspended voter list and are ultimately to be denied the right to vote,” Lawrence said. Craig McCullah, Kobach’s spokesman, said Thursday the office was reviewing the class-action request and had no comment yet.

Guam: Group files voting rights lawsuit | Pacific Daily News

While serving in the U.S. Army, Yona resident Luis Segovia spent an 18-month tour in Iraq, helping provide security during the country’s 2005 elections. He also served a 12-month tour in Afghanistan with the Illinois National Guard and another 10-month tour in Afghanistan with the Guam National Guard. Although collectively serving his country in both conflict areas for more than three years, Segovia, a former resident of Illinois and current staff sergeant for the Guam National Guard, can’t vote in presidential elections as a resident of Guam. “On Veterans Day, it’s hard to be treated like I am good enough to risk my life defending democracy, but not good enough to vote for my Commander-in-Chief,” Segovia said in an email.

Kansas: Kris Kobach’s office registers two suspended voters, files motion to dismiss lawsuit | The Wichita Eagle

Secretary of State Kris Kobach’s office has registered two suspended voters suing him in federal court and contends that the case should now be thrown out. The lawsuit, filed by a pair of Douglas County residents whose voter registrations were suspended, challenges the state’s requirement that people show proof of citizenship in order to vote. But the case should be dismissed because the plaintiffs have been registered to vote, Kobach’s office said in a motion filed in federal court Tuesday. Kobach’s office registered them after the lawsuit was brought in late September. “Although Mr. Cromwell and Mr. Keener did not present proof of citizenship to the relevant county election officer to complete their registrations, Kansas law provides that the Secretary of State and the county election officers may obtain proof of citizenship on behalf of applicants for voter registration,” Kobach’s attorney, Garrett Roe, stated in a brief.

Kansas: State agency spokeswoman calls League of Women Voters ‘left-wing’ agitators | The Wichita Eagle

A Brownback administration spokeswoman criticized the League of Women Voters on social media for promoting a college course aimed at registering to students to vote. The League is partnering with professors at Washburn, Emporia State and Fort Hays State universities to develop a lesson plan on Kansas voting laws that can be taught over a day or a week with the goal of helping college students successfully register to vote and enabling them to help their peers do the same. Angela de Rocha, spokeswoman for the Kansas Department for Aging and Disability Services, panned the idea on Facebook. “So it takes an entire semester to learn how to register to vote. Really?” de Rocha wrote on Facebook around noon on Monday. “Do we want these slow learners voting? Or is this a stealth course paid for by taxpayers to train left-wing ‘community organizers’ like the League of Women Voters on how to agitate?”