Kansas: Appeals court overturns state proof-of-citizenship requirements on federal voting forms | The Wichita Eagle

A federal appeals court has ruled that Kansas cannot force a federal agency to add state proof-of-citizenship requirements to federal voting registration forms. The decision by the 10th Circuit Court of Appeals in Denver is a significant setback to Kansas Secretary of State Kris Kobach’s efforts to require documents proving citizenship – almost always a birth certificate or passport – to register to vote. Arizona has a similar requirement and Kobach argued the case on behalf of both states in conjuction with Arizona Secretary of State Ken Bennett. Wichita District Judge Eric Melgren had ruled that the Election Assistance Commission, a federal agency, was required to add state-specific citizenship-proof requirements to the instructions for using the federal form in Kansas and Arizona. The appeals court overturned Melgren’s ruling.

National: Want Your Absentee Vote To Count? Don’t Make These Mistakes | NPR

Millions of voters — about 1 in 5 — are expected to vote absentee, or by mail, in November’s midterm elections. For many voters, it’s more convenient than going to the polls. But tens of thousands of these mail-in ballots are likely to be rejected — and the voter might never know, or know why. The U.S. Election Assistance Commission found that in 2012 more than a quarter of a million absentee ballots were rejected. The No. 1 reason? The ballot wasn’t returned on time, which in most states is by Election Day. Sometimes it’s the voter’s fault. Others blame the post office.

District of Columbia: Elections Board Says All Voting Machines Need To Be Replaced | WAMU

The D.C. Board of Elections says that the city’s voting machines are outdated and in need of replacement, an admission that comes only weeks before what could be a close mayoral election. In a report on the Apr. 1 primary published last week, the board said that a majority of the city’s touch-screen and optical scanner voting machines are outdated, exceeding the recommended 10 years of use. As such, they will be difficult to maintain for future elections. “The District of Columbia’s mechanical and digital voting and tabulation system… is in need of replacement,” says the report. “The BOE’s voting systems are over a decade old and are reaching the end of their operational life.” In the report, which was supposed to have been published in July but was delayed by three months, the board says that a large number of the city’s voting machines are refurbished units purchased “at a steep discount” in 2009. Given that they were in use before being purchased by D.C., the report says that the machines are older than what a federal election assistance commission recommends for use by local jurisdictions.

National: Three years later, Pentagon unit still hides Internet voting test results | McClatchy

A nonprofit watchdog group is suing an obscure Defense Department unit over its failure for three years to disclose the results of testing on the security safeguards of Internet voting systems that are increasingly being used to cast absentee ballots. The Pentagon unit, the Federal Voting Assistance Program, has effectively bankrolled many states’ shift to online voting, disbursing tens of millions of dollars in grants for the purchase of equipment that includes Internet balloting options. Its actions have drawn consternation from cyber experts, who have warned for years that Internet voting is an easy target for hackers who could tamper with or even fix election results. The government’s premier technology testing agency also has refused to endorse these systems. Now, on the eve of another federal election in which at least 31 states plan to use some form of online voting, the Electronic Privacy Information Center is pressing a Freedom of Information Act lawsuit demanding disclosure of the test results so it can disseminate the information nationwide.

National: Voting’s ‘impending crisis’ | Al Jazeera

A recent presidential commission report on election administration characterizes the state of U.S. voting machines as an “impending crisis.” According to the report, created in response to a presidential order, existing voting machines are reaching the end of their operational life spans, jurisdictions often lack the funds to replace them, and those with funds find market offerings limited because several constraints have made manufacturing new machines difficult. On Election Day, these problems could translate into hours-long waits, lost votes and errors in election results. In the long term, such problems breed a lack of trust in the democratic process, reducing the public’s faith in government, experts say. According to Barbara Simons, a member of the board of advisers to the federal Election Assistance Commission (EAC), the problem can’t be avoided any longer. “People died for the right to vote as recently as the civil rights movement,” she said. “The American Revolution was all about being able to control our own democracy, and that means voting … We know that a lot of machines were breaking in the 2012 election. It’s not that it’s an impending crisis. This crisis is already here.” Also, outdated voting machines can present security risks both in hardware deficiencies (some machines use generic keys to protect sensitive panels) and in software flaws that are difficult if not impossible to detect when compromised, according to security audits. Assessing the security of many of these systems is difficult, however, since companies insist proprietary software and hardware may not be disclosed to third parties. Government audits are often not fully public. The current problem is rooted in the short-term fixes that were implemented to solve the last major voting crisis, in 2000, when unreliable punchcard machines led to ambiguous ballots in Florida, putting the presidential election into question. After further issues in the 2002 midterm elections, Congress passed the Help America Vote Act (HAVA) that fall. HAVA gave states millions of dollars to replace punchcard machines and created the EAC, charged with establishing standards for voting systems.

Editorials: Constitution Check: Who decides who gets to vote? | Lyle Denniston/Constitution Daily

One of the gestures toward states’ rights that the Founders made in writing the Constitution was to give the states a primary role in deciding who gets to vote – not only in state and local elections, but also in federal elections. But, to protect national interests of the new government they were setting up, the Founders also gave Congress a veto power in this area. It has never been quite clear how the two provisions were supposed to work together, instead of in conflict, and that is at the heart of a new controversy over who controls the right to vote. The controversy arises at the intersection of two recent trends in the management of elections. First, a number of states, out of a fear of voter fraud (especially, a suspicion that non-citizens who are illegally in this country are voting), have been imposing tight new ID requirements to ensure that only citizens get to vote. Second, Congress and a federal election management agency have been proceeding, under a 1993 law, to try to ensure that barriers to registration are eased so that more people get to go to the polls. Those contrasting trends have been made more difficult to sort out, as a constitutional matter, because the Supreme Court in a major ruling last year gave guidance that points in two directions: buttressing federal power to try to make registration requirements uniform, but virtually inviting states to sue to try to get their way in enforcing their own registration rules.

Editorials: Don’t let Arizona and Kansas get away with potentially discriminatory voter registration rules | Los Angeles Times

Arizona, which has become infamous for its hostility toward immigrants who are in the country illegally, lost an important case in the U.S. Supreme Court last year when the justices ruled that the state couldn’t require proof of U.S. citizenship as part of the registration process for voting in elections for Congress. The 7-2 decision said that, where federal elections were concerned, the state had to “accept and use” a federal registration form on which an applicant states under penalty of perjury that he or she is a citizen without having to provide a passport or other documentation. Congress, which has the power under the Constitution to override state rules for congressional elections, clearly intended to make voting easier, not harder. The decision was good policy as well as good law because there is little evidence that immigrants who are in the country illegally are trying to register to vote in meaningful numbers. On the other hand, a requirement to supply documentation could keep many citizens — immigrants and otherwise — from exercising the franchise. Like efforts to require a photo ID at polling places, a requirement of proof of citizenship disproportionately affects minorities and the poor.

Voting Blogs: What’s the Matter with Kobach? | Dan Tokaji/Election Law Blog

By “Kobach,” I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do. Kobach involves a narrow but important issue, left unresolved after the U.S. Supreme Court’s decision last year in Arizona v. Inter Tribal Council of Arizona. That case involved Arizona’s attempt to impose a proof-of-citizenship requirement for voter registration, an issue that has been percolating for many years. Arizona law requires would-be voters to provide documents proving their citizenship when they register, documents that some eligible citizens don’t have. But the National Voter Registration Act (NVRA) requires states to “accept and use” the national voter registration form, commonly known as the “federal form.” And that form’s instructions don’t require documentary proof of citizenship.  In Arizona, the Supreme Court said that states must register voters who used the federal form, even without these documents. But the Court allowed Arizona to ask the U.S. Election Assistance Commission (EAC) to add the state’s proof-of-citizenship requirement to the federal form. That’s exactly what Arizona, along with Kansas, sought to do. But there’s a problem. The EAC had no sitting commissioners – hasn’t had any for years, in fact, due to gridlock in Congress. With no Commissioners to vote on the states’ requests, they went to federal court to force the commissioner-less EAC to incorporate their proof-of-citizenship requirements on the federal form’s instructions.

Kansas: Federal appeals court questions Kansas’ proof-of-citizenship rules | The Wichita Eagle

A federal appeals court on Monday expressed skepticism over Kansas Secretary of State Kris Kobach’s contention that a federal commission must make voters who register using a federal form provide proof-of-citizenship documents required under state law. Kansas and Arizona are trying to force the federal government to add their requirements to federal voter registration forms mandated by the National Voter Registration Act, also known as the motor voter law. Arguing the case before the 10th Circuit Court of Appeals, Kobach said the Election Assistance Commission is required to add the state-specific instructions to the federal form. But Judge Jerome A. Holmes interrupted: “Oh whoa whoa whoa, there’s a big jump there.” Holmes said when the U.S. Supreme Court decided a similar case from Arizona last year, it said states could “request” that the commission add state-specific requirements to the federal form.

National: Appeals court questions proof-of-citizenship rules | Associated Press

A federal appeals panel in Denver on Monday suggested that a partisan stalemate in Congress may mean that Republicans in Kansas and Arizona will be unable to force federal election officials to impose proof-of-citizenship requirements on voter registration forms. Those two states sued the Elections Assistance Commission after the agency refused to adjust the federal voting registration forms it distributed in Kansas and Arizona to reflect those states’ requirements that voters present documentation that proves they are citizens. A lower court found the commission needed to include the more stringent state language. But on Monday, a three-judge panel of the 10th U.S. Circuit Court of Appeals noted that Congress has not approved a single commissioner to sit on the commission in three years.

National: Federal appeals court to hear Kansas, Arizona voting rights case | The Washington Post

A lawsuit filed by Kansas and Arizona will be argued before a federal appeals court panel this week as the states seek to force federal election officials to impose proof-of-citizenship requirements on national voter registration forms. At the crux of the closely watched case in the U.S. Court of Appeals for the 10th Circuit in Denver is whether the federal government or states have ultimate authority to regulate voter registration. Each side contends that the U.S. Constitution supports its position. Monday’s arguments come after the U.S. Election Assistance Commission filed an appeal seeking to overturn a federal judge’s order that the commission modify a federal form to include special instructions requiring Kansas and Arizona residents to provide citizenship documentation when they register to vote.

Kansas: Kobach, Justice Dept. prep for Denver showdown over voting rights | The Wichita Eagle

Kansas Secretary of State Kris Kobach and lawyers for the U.S. Justice Department will soon face one another in a Denver appeals court, arguing a landmark federal case over proof of citizenship and voting rights. While the case will directly affect only a couple of hundred Kansas voters – those who registered using a federal form instead of the far more common state form – it has broad national implications and has attracted input from interests ranging from the state of Alabama to U.S. House Minority Leader Nancy Pelosi. It’s already affected Wichita in a major way. If federally registered voters weren’t disqualified from state and local elections as they are now, Wichitans would probably be voting this November on an initiative to decriminalize marijuana.

Voting Blogs: Colorado opens its books to the people and data geeks | electionlineWeekly

There’s a lot of talk these days about transparent and open governments and recently the Colorado Secretary of State’s office put their money where their mouth is and created a statewide elections data portal. The Accountability in Colorado Elections (ACE) site was launched in late July and it provides, through a series of interactive maps, charts and tables, Colorado election data by county. Although all of this information has long been publicly available, it was not centrally located, thus sending those seeking the information to as many as 64 different websites and elections office. This is a big step forward in the world of elections data. “Over a century ago, states started reporting election returns in a centralized, uniform fashion, which was an important step in reassuring the public that election results were determined above-board,” said Charles Stewart, the Kenan Sahin Distinguished Professor of Political Science at MIT. “Now, the big question is, ‘what are election officials DOING in their jobs?’ Something like ACE helps answer that question.  Colorado is the first state to put all of the county information in one centralized location.

Voting Blogs: U.S. Election Assistance Commission May Be Back with Commissioners Soon | Election Law Blog

President Obama just announced two nominations for the U.S. Assistance Commission. Matthew Masterson and Christy McCormick are Republican-chosen nominees to join the two nominees from the Democrats, Thomas Hicks and Myrna Perez. The EAC was created as part of the 2002 Help America Vote Act as a way of providing best practices and doling out voting machine money in the wake of the Florida 2000 debacle. The commission functions with two Democratic nominees and two Republican nominees. As I explain in The Voting Wars, the EAC started out with some independent commissioners who looked like they were going to transcend partisan politics and get some stuff done. But then there was controversy over a voter id report, and pressure on Republican commissioners.

National: The Looming Crisis in Voting Technology | Governing.com

More and more often these days, Neal Kelley and his staff find themselves rooting through shelves at used computer stores in Orange County, Calif., looking for something they can’t find anywhere else: laptops that run on Windows 2000. Kelley is the registrar of voters in Orange County, and one component of his election equipment still runs on the Microsoft operating system from 14 years ago. As in most places around the country, Orange County’s voting technology is based on federal standards set after Congress passed the Help America Vote Act (HAVA) in 2002. The razor-thin presidential election in 2000 between Al Gore and George W. Bush revealed that outdated technology had left thousands of votes uncounted. With HAVA, Congress encouraged local governments to install electronic voting equipment, resulting in a wave of upgrades across the country. Between 2002 and 2004, Congress allocated more than $3 billion for some 8,000 local jurisdictions to replace the punch card devices and lever machines they had been using for more than 30 years. But today, a decade later, that upgraded election infrastructure is quickly becoming obsolete. In a worst-case scenario, current equipment will start to fail in the next couple years, forcing fewer voting booths to process more ballots, a recipe for longer lines and voter frustration. “What you don’t want is disenfranchised voters who are deciding not to cast a ballot because of these issues,” says Kelley. “We can’t let ourselves get to that point. We need to be ahead of this curve.”

Kansas: Kobach: Some Kansans will vote for federal candidates only | Topeka Capital-Journal

Kansas voters who registered using a national form without providing proof of U.S. citizenship will be given full provisional ballots during the Aug. 5 primary elections — but only the votes they cast in federal races will actually be counted, the state’s top election official said Tuesday. Secretary of State Kris Kobach told The Associated Press that fewer than 100 Kansas voters who used the federal registration form without providing citizenship documents will be affected. “No one is disenfranchised — any person can vote a full ballot by providing proof of citizenship,” Kobach said. “The notion a person is disenfranchised because they have to provide proof of citizenship is a silly one.”

Editorials: ‘Bad News Bears’ of elections | Heather Gerken/The Hill

The Election Assistance Commission (EAC) may be one of the most beleaguered administrative agencies in the country, with many a Washington politician trying to axe it. If Keith Olbermann were running a “worst agency in the world” contest, the EAC might even get more votes than its sister agency, the ever-so-dysfunctional FEC (the Federal Election Commission).  The EAC has been under attack from its inception – the National Association of Secretaries of State called for its destruction even before it was up and running. Two full years after the Help America Vote Act created the agency, the commission did not even have an office, let alone a mailing address or a phone number. The EAC’s first commissioners held their meetings in a local Starbucks. The EAC, however, has turned out to be the Bad News Bears. It had a rocky start, and still looks a bit ramshackle to the outside world, but, while almost no one was looking, the agency has initiated a major, positive shift in how American elections are run.

National: Court extends stay in Arizona, Kansas voting case | Associated Press

A federal appeals court has delivered a new setback to officials in Arizona and Kansas, ruling that residents in those states can continue registering to vote for now using a federal form without having to show proof of citizenship. The decision is the latest blow to Kansas Secretary of State Kris Kobach, who says the federal form — which requires only that people attest under penalty of perjury that they are citizens — creates a “massive loophole” in the enforcement of voting laws in Kansas and Arizona aimed at keeping noncitizens off the rolls. Late Monday, the 10th U.S. Circuit Court of Appeals in Denver extended its halt to U.S. District Judge Eric Melgren’s March 19 decision ordering the U.S. Election Assistance Commission to add instructions for Arizona and Kansas residents on the federal voter registration form about those states’ proof-of-citizenship requirements. Earlier this month, the same court had issued an emergency stay. The court also granted a request for a quick hearing in the case.

National: Court extends stay in Arizona, Kansas voting case | Associated Press

A federal appeals court extended its order allowing Kansas and Arizona residents to continue registering to vote using a federal form without having to show proof of citizenship. The 10th Circuit Court of Appeals issued its order late Monday and granted an expedited hearing on the merits of the case sought by the U.S. Election Assistance Commission and voting rights groups. Earlier this month, the appeals court issued its emergency stay of U.S. District Judge Eric Melgren’s ruling ordering the commission to immediately modify its federal voter registration form to add special instructions for Arizona and Kansas residents about those states’ proof-of-citizenship requirements.

National: Voter citizenship lawsuit looms over 2014 election | Associated Press

After Kansas began requiring residents to prove they were U.S. citizens to register to vote, the League of Women Voters started focusing its voter registration efforts at naturalization ceremonies, where people readily have such documents on them. Now that immigration officials have prohibited them from copying naturalization certificates, new citizens face discrimination and significant roadblocks in registering to vote, the group told a federal appeals court Thursday. The latest court filing by voting rights groups in a lawsuit unfolding before the 10th Circuit Court of Appeals portrays a sample of the possible impacts at issue in the run-up to this year’s elections. Kansas and Arizona are seeking to force the U.S. Election Assistance Commission to change its federal voter registration form for those states to include special instructions requiring citizenship documentation. In March, a federal judge agreed and ordered the commission to immediately modify its forms, but the 10th Circuit last week put that ruling on hold, at least temporarily. Whatever the courts decide will affect primary elections in August and the general election in November.

National: Voter rights group: Registration law blocks new citizens | Associated Press

After Kansas began requiring residents to prove they were U.S. citizens to register to vote, the League of Women Voters started focusing its voter registration efforts at naturalization ceremonies, where people readily have such documents on them. Now that immigration officials have prohibited them from copying naturalization certificates, new citizens face discrimination and significant roadblocks in registering to vote, the group told a federal appeals court Thursday. The latest court filing by voting rights groups in a lawsuit unfolding before the 10th Circuit Court of Appeals portrays a sample of the possible impacts at issue in the run-up to this year’s elections. Kansas and Arizona are seeking to force the U.S. Election Assistance Commission to change its federal voter registration form for those states to include special instructions requiring citizenship documentation. In March, a federal judge agreed and ordered the commission to immediately modify its forms, but the 10th Circuit last week put that ruling on hold, at least temporarily. Whatever the courts decide will affect primary elections in August and the general election in November.

Editorials: Senate gridlock and the EAC | Stephen Spaulding/The Hill

President Obama warned recently that the “gridlock [which] reigns” in Washington could become “a self-fulfilling prophesy” of cynicism and dysfunction if voters fail to hold politicians accountable at the polls. That same gridlock could make it harder for Americans to vote and have their ballots counted as cast. In a study released last week, Common Cause found that a record number of pending executive and independent agency nominations are stalled on the Senate floor, despite filibuster reform that ended the 60-vote rule for most nominations.  The person waiting the longest for a vote is Thomas Hicks, an Obama nominee for the Election Assistance Commission (“EAC”). His nomination has been pending for over four years – since April 2010. Waiting the third longest (over three years) is Myrna Pérez, also to serve on the EAC. This is no accident. It’s part of a larger strategy of obstructing action on the president’s executive nominations. When the report went to print last week, 115 executive and independent agency nominees were pending on the floor. At this point in President George W. Bush’s administration, only 34 were pending on the Senate floor. Under President Clinton, there were just 12. To the Senate’s shame, the EAC has not had a single commissioner since 2011. It should have four, with no more than two from any one political party.

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.

National: Judge refuses to halt order over voter citizenship | Associated Press

Voters in Kansas and Arizona will have to provide proof of their U.S. citizenship when registering to vote using the federal form even as a U.S. agency appeals a federal judge’s order that helps those states enforce their voter registration requirements, the judge ruled Wednesday. U.S. District Eric Melgren rejected the requests from the U.S. Election Assistance Commission and voting rights groups to put his earlier ruling on hold while the case goes to the 10th U.S. Circuit Court of Appeals. Melgren ruled on March 19 that the commission must immediately modify a national voter registration form to add special instructions for Arizona and Kansas residents about those states’ proof-of-citizenship requirements. The commission contends that the added documentation burdens result in an overall decrease in registration of eligible citizens, undermining the purpose of the National Voter Registration Act. The states argue the requirement protects the integrity of their elections by ensuring noncitizens aren’t voting.

National: Wisconsin threw out voter ID Tuesday. It’s a fight still playing out in 12 other states. | Washington Post

A federal judge struck down Wisconsin’s voter ID law Tuesday, less than a week after a Circuit Court judge found Arkansas’ voter ID law unconstitutional. At least one more court decision should come down before November, but voting rights cases and legislation are brewing in plenty of other places worth keeping an eye on this year. Here’s a guide of what to watch — and where.

Arizona

A federal judge ruled in March that Arizona’s 2004 law requiring new voters who register by mail to prove documentation of U.S. citizenship was valid. The Supreme Court had invalidated part of Arizona’s law last year, after which the state joined up with Kansas, which passed its own proof-of-citizenship voter requirements last year. Supreme Court Justice Antonin Scalia wrote that the the 1993 National Voter Registration Act had mandated that states use the federal voter registration form, so Arizona’s more complicated form — which opponents say targeted the state’s large Latino community — is not valid. Voting expert Richard Pildes told NPR at the time, “What Justice Scalia has essentially said here for a substantial majority of the court is if you want modifications to these federal forms that have been required up till now, you have to go to this commission to get those modifications.” The decision in Arizona and Kansas’ case last month requires that Election Assistance Commission to modify the federal registration form to include Kansas and Arizona’s requirements, saying that the U.S. Constitution gives states the power to regulate elections. The case is heading to the 10th Circuit of Appeals later this year.

Editorials: Kansas election uncertainty | Lawrence Journal World

With less than two months to go before the June 2 filing deadline for Kansas candidates seeking statewide or national office, questions about the upcoming election cycle abound. A U.S. District Court in Wichita ruled last month that the U.S. Election Assistance Commission must act immediately to modify federal voter registration forms to accommodate proof-of-citizenship laws in Kansas and Arizona. That decision has been appealed to the 10th U.S. Circuit Court of Appeals by more than a dozen voting rights groups, including the League of Women Voters of the United States, Common Cause, Project Vote and the Inter Tribal Council of Arizona. Those appealing the decision also asked the Wichita judge to stay his own order while their appeal is being considered.

National: Election Assistance Commission seeks stay of order in voter citizenship case | Associated Press

Federal election officials have asked a judge to temporarily suspend his own order that they help Kansas and Arizona enforce state laws requiring voters to prove their U.S. citizenship, arguing that the case “implicates the fundamental right to register to vote.” The court filing late Monday comes in response to U.S. District Judge Eric Melgren’s decision on March 19 requiring the U.S. Election Assistance Commission to immediately modify a national voter registration form to add special instructions for Arizona and Kansas residents about those states’ proof-of-citizenship requirements. More than a dozen voting rights groups, which had previously intervened in the litigation, made a similar joint request for a stay last week. Project Vote Inc. filed its own motion Tuesday seeking the same thing. Kansas and Arizona had asked the federal agency for state-specific modifications, but it refused. Secretaries of State Kris Kobach of Kansas and Ken Bennett of Arizona, both conservative Republicans, sued the agency last year.

National: Voter Rights Groups Appeal Proof of Citizenship Ruling | Associated Press

Voting rights groups filed an appeal Friday of a judge’s order that federal election officials must help Kansas and Arizona enforce state laws requiring new voters to provide documentation proving their U.S. citizenship. A court filing sent to the 10th U.S. Circuit Court of Appeals challenges a ruling earlier this month by U.S. District Judge Eric Melgren in Wichita. Melgren had ordered the U.S. Election Assistance Commission to immediately modify a national voter registration form to add special instructions requiring proof of citizenship for Kansas and Arizona residents. The appeal was filed by more than a dozen voting rights groups and individuals who had earlier intervened in the case on behalf of the election commission. They include the League of Women Voters of the United States, Project Vote Inc., Inter Tribal Council of Arizona, Common Cause, Arizona Advocacy Network, League of United Latin American Citizens Arizona, Southwest Voter Registration Education Project, Chicanos Por La Causa and others.

Editorials: What About the Voters? Requiring Proof of Citizenship to Register to Vote in Federal Elections | Franita Tolson/Huffington Post

Last week, in Kobach v. Election Assistance Commission, a United States federal district court held that the Election Assistance Commission (EAC) could not prevent Kansas and Arizona from requesting documentary evidence of citizenship as a prerequisite to registering to vote in federal elections. Last year, the U.S. Supreme Court, in Arizona v. Inter Tribal Council, held that the National Voter Registration Act (NVRA) preempted the Arizona law because the NVRA requires that states “accept and use” a uniform federal form that allows individuals who attest to U.S. citizenship to register to vote in federal elections without having to provide proof of their citizenship status. Many commentators were pleased with the Inter Tribaldecision, viewing it as a win for federal power. However, I was wary of the opinion because the Court maintained that, despite the existence of broad congressional authority over federal elections, Arizona must be allowed to alter the federal form if the state proves that it cannot properly exercise its constitutional authority to regulate voter qualifications by using the form alone.

National: Advocates vow appeal of latest ruling in fight over voter law | Cronkite News

A federal judge’s order backing Arizona and Kansas laws that require proof of citizenship for voter registration is “not the American way” and must be challenged, opponents said Thursday. The comments came after a U.S. District judge in Kansas ordered the Election Assistance Commission to include the two states’ proof-of-citizenship requirement on federal voter registration forms, which only require that people check a box verifying their U.S. citizenship. “We will appeal it,” said Sam Wercinski, executive director of the Arizona Advocacy Network. He said no official decision has been made, but he expects voting-rights advocates will file an appeal “within 30 to 60 days.” But state officials in Kansas and Arizona said they are confident the latest decision will stand – and that they do not intend to wait for appeals. “They have a right to appeal, but the decision was made effective immediately,” Arizona Attorney General Tom Horne said Thursday. It is the latest twist in a case that went to the U.S. Supreme Court, which ruled last summer that Arizona officials could not reject federal voter registration forms because they did not require proof of citizenship.