National: Voter Registration Flap Still Haunting Election Agency | NBC

Voting rights advocates are accusing a Washington bureaucrat of helping Republican-led states enforce tight restrictions on voter registration, a move they say turned a federal voting agency into a de facto ally of state officials looking to make voting harder. A progressive group on Wednesday called on the federal Election Assistance Commission (EAC) to conduct an internal investigation into the actions taken by Brian Newby, the agency’s executive director. The group, Allied Progress, charged that Newby had improper private communications with his former boss, Kansas Secretary of State Kris Kobach, and perhaps other election officials, about their requests to change the federal voter registration form to require applicants to show proof of citizenship. Patricia Layfield, the inspector general of the EAC, said no decision had yet been made on whether to open an investigation into Newby’s actions. “I continue to consider the various options available,” Layfield told NBC. “I’m taking the concerns expressed in the letter very seriously.”

Pennsylvania: In wake of lawsuit, voter registrations up at Pennsylvania’s county assistance sites | Pittsburgh Post-Gazette

Since 2012, when a lawsuit was settled over voter registration issues, county assistance offices have submitted voter registration applications or change of address updates for more than 160,000 Pennsylvanians, according to a tally of statistics from the state. The lawsuit alleged that spot-checks and interviews with those who sought benefits at county assistance offices and through the Women, Infants & Children nutrition program showed that the state was not properly offering clients voter registration applications. Additionally, the state’s own statistics showed that it was failing to do what the law required, the complaint said. From 1995 to 1996, the state’s public assistance offices registered 59,462 voters, but during 2009 and 2010, only 4,179 voters were registered. The state settled the lawsuit shortly after it was filed.

Kansas: Local officials must identify Kansas voters affected by ruling | The Wichita Eagle

Kansas county election offices are sorting through thousands of records to identify voters affected by a recent federal court order, according to Secretary of State Kris Kobach. The U.S. Court of Appeals for the D.C. Circuit blocked Kansas and two other states from requiring proof of citizenship from people who register to vote using the federal form. Kobach said the state’s voter database does not differentiate between people who register with the federal form and the state form, so local election officers will have to physically go through paper records of people who tried to register since January to determine which voters were affected by the ruling. He estimated the number of people affected would be between 200 and 400 statewide. The state began requiring voters to provide proof of citizenship, such as a birth certificate or passport, when they register to vote in 2013. Before this year, federal form registrants were allowed to cast ballots in federal elections regardless of whether they provided proof of citizenship.

Kansas: Federal court blocks Kansas voting rule | The Wichita Eagle

A federal court has blocked Kansas and two other states from requiring voters to show proof of citizenship if they register using the federal form. The U.S. Election Assistance Commission approved a controversial rule in late January to allow Kansas, Georgia and Alabama to require proof of citizenship from voters who register using the federal form. The League of Women Voters brought a lawsuit against the rule, and the U.S. Circuit of Appeals for the District of Columbia granted a preliminary injunction Friday by a 2-1 decision. Under the order, Kansas can no longer require people to show proof of citizenship when they register using the federal form and must allow anyone who registered after Jan. 29 to vote regardless of whether they provided proof of citizenship.

National: Appeals Court Blocks Proof-of-Citizenship Requirement for Voters in 3 States | Associated Press

A federal appeals court on Friday blocked Kansas, Georgia and Alabama from requiring residents to prove they are U.S. citizens when registering to vote using a national form. The 2-1 ruling is a victory for voting rights groups who said a U.S. election official illegally changed proof-of-citizenship requirements on the federal registration form at the behest of the three states. People registering to vote in other states are only required to swear that that they are citizens, not show documentary proof. The three-judge panel of the U.S. Court of Appeals for the District of Columbia acted swiftly in the case, issuing a two-page, unsigned ruling just a day after hearing oral arguments. A federal judge in July had refused to block the requirement while the case is considered on the merits.

National: Appeals court sympathetic to challenge over voter rules | Associated Press

A federal appeals court on Thursday seemed likely to side with voting rights groups seeking to block Kansas, Georgia and Alabama from requiring residents to prove they are U.S. citizens when registering to vote using a national form. Judges hearing arguments in the case considered whether to overturn a decision by a U.S. election official who changed the form’s proof-of-citizenship requirements at the behest of the three states, without public notice. The dispute is part of a slew of challenges this year that civil rights groups have brought against various state voting laws they claim are designed to dampen turnout among minority groups that tend to favor Democrats. Those challengers have already succeeded in stopping voter ID requirements in North Carolina and Texas and restrictions elsewhere. In the citizenship case, a coalition including the League of Women Voters and civil rights groups say the requirement to show proof undermines efforts to register new voters and deprives eligible voters of the right to vote in federal elections.

Texas: Attorney General’s office questions state’s authority in maintaining voter lists | The Monitor

A representative from the Texas Attorney General’s office appeared her in court Monday to argue that the state should not be held responsible in the lawsuit by the American Civil Rights Union against the Starr County elections administrator. Assistant Attorney General Adam Bitter said the office was contacted by the ACRU about the case and proceeded to submit a brief arguing that, in this case, the state did not have the authority to ensure that Starr County maintain proper voter lists. However, U.S. District Judge Ricardo Hinojosa appeared confused as to why the attorney general’s office had gotten involved and said it was the Texas Secretary of State that should be held responsible. “I really don’t understand why you refuse to bring in the proper party,” Hinojosa told the attorneys representing the ACRU.

Connecticut: Justice Department Signs Off On ‘Motor Voter’ Settlement | Hartford Courant

The state and the U.S. Justice Department reached a settlement to resolve claims that Connecticut’s method of registering voters at the Department of Motor Vehicles was not in compliance with federal law. Under a program beginning next week, applications for driver’s licenses and identification cards will effectively serve as voter registration applications unless a customer specifically opts out. And when a customer changes the address on file at the DMV, that information will be reflected on the voter rolls unless they make a different request. “The motor voter provision of the [National Voter Registration Act of 1993] critically supports and enhances our citizens’ access to the democratic process,” U.S. attorney Deirdre M. Daly said in a statement. “Compliance with those requirements plays an important role in ensuring that all Conneticut citizens can more easily exercise their right to vote.”

National: Appeals court sets September hearing in voting rights case | Associated Press

A federal appeals court will hear oral arguments in September in an appeal that could affect the voting rights of thousands of voters in Kansas, Georgia and Alabama in upcoming elections. The U.S. Court of Appeals for the District of Columbia on Thursday set a Sept. 8 hearing date in the case of a U.S. election official who without public notice required documentary proof of citizenship on a national voter registration form used by residents of the three states.

National: Federal judge rejects bid to block proof of citizenship for new voters in three states | The Washington Post

A federal judge in Washington on Wednesday rejected a request that would have blocked Kansas, Alabama and Georgia from enforcing proof-of-citizenship requirements for people using a federal form to register to vote. The decision by U.S. District Judge Richard J. Leon came in a lawsuit brought by the League of Women Voters, the NAACP in Georgia and other civil rights groups that sought a preliminary injunction. The groups filed suit in February after Brian D. Newby, executive director of the U.S. Election Assistance Commission, notified the three states in a Jan. 29 letter that they could require documentary proof of citizenship on the federal voter registration form. The Justice Department did not defend Newby’s decision and instead sided with the plaintiffs. A department spokeswoman declined to comment Wednesday.

National: League Of Women Voters To Appeal Judge’s Decision On Proof Of Citizenship | KCUR

Kansans who register to vote using a federal form at the Department of Motor Vehicles will have to provide proof of citizenship as a lawsuit plays out, a judge ruled Wednesday. The League of Women Voters and other civil rights groups had sought a preliminary injunction to block such rules in Kansas, Alabama and Georgia. “Because it’s a barrier to voting,” says Dolores Furtado, the immediate past president of the League of Women Voters of Kansas. “The percentage of eligible registered people that vote is sometimes terrible.”

Connecticut: Motor Voter Dispute Generates More Heat At Capitol | Hartford Courant

Republican legislators Wednesday amplified their claims that Secretary of the State Denise Merrill bypassed the General Assembly by entering an agreement with the Department of Motor Vehicles for a “streamlined motor voter system” to automatically register citizens to vote when they go to the DMV to obtain or renew a driver’s license. At a press conference in the Legislative Office Building, Senate GOP Leader Len Fasano of North Haven said that after Merrill failed to get the legislature this year to approve a bill to establish the automatic motor voter registration system, she “went behind the backs” of lawmakers to negotiate a “memorandum of understanding” to implement the new system administratively. Merrill and the DMV defended the agreement later Wednesday. Under the new “automatic motor voter system,” DMV customers would be registered to vote starting in 2018 unless they decline by choosing to opt out. Under the current motor voter program that’s existed for two decades, DMV customers are registered to vote only if they choose that option.

Kansas: Judge rules Kobach must register 18,000 suspended Kansas voters | The Wichita Eagle

A federal judge on Tuesday ordered Kansas Secretary of State Kris Kobach to register about 18,000 rejected voters who filed applications at Department of Motor Vehicles offices but didn’t provide the proof of citizenship Kansas law requires. Kobach said he’ll file an emergency appeal to the 10th Circuit Court of Appeals in Denver. Judge Julie Robinson ruled the Kansas proof-of-citizenship law conflicts with the federal motor-voter act, which was passed by Congress to make it easier to vote by requiring motor-vehicle offices to also offer voting registration. Robinson approved a preliminary injunction requiring Kobach to register prospective voters who were rejected since 2013 because they didn’t file documents proving their citizenship. They could vote in federal elections – U.S. House, Senate and the presidency – in this election cycle. The case centers on a Kansas law Kobach authored that requires applicants to provide documented citizenship proof. For most voters, that means either a passport or birth certificate – along with proof of marriage- and divorce-related name changes for women.

Editorials: At least courts are protecting voting rights in Kansas | The Wichita Eagle

The mess that Kansas Secretary of State Kris Kobach has made of voter registration draws yawns at the Statehouse. At least the courts continue to look out for the thousands of Kansans who would have registered to vote since 2013 if not for the Kobach-pushed law requiring they produce U.S. citizenship documents. The most recent ruling came Tuesday from U.S. District Judge Julie Robinson in Kansas City, Kan. She ordered Kobach to register more than 18,000 prospective voters who’d filed applications at motor vehicle offices, as per the 1993 National Voter Registration Act, but whose registrations were stalled or canceled for lack of citizenship proof. (Though more than 32,000 registrations were in limbo at one point, before Kobach started purging them last fall after 90 days, Robinson’s ruling covers only those applications filed in the process of obtaining driver’s licenses.)

Connecticut: Officials Tense, Tight-Lipped On Feds’ Probe Of State ‘Motor Voter’ Program | Hartford Courant

The U.S. Department of Justice’s April 15 threat to sue Connecticut over failures in its “motor voter” program — which is supposed to promote voter registration at Department of Motor Vehicles offices — resulted in a closed-door meeting this past Tuesday aimed at resolving the problem out of court. Under “motor voter” programs that federal law requires states to operate, when someone applies to the DMV for a driver’s license (or a license renewal), that application must also include an opportunity to register to vote. Also, requests to the DMV for a change of address must also be forwarded to voting officials in applicants’ hometowns for updating of voter-registration information.

Connecticut: U.S. Justice Department Investigating Connecticut Motor Voter Program | Hartford Courant

The U.S. Department of Justice has informed state officials that it is investigating Connecticut’s “motor voter” program — under which citizens can sign up to vote at the Department of Motor Vehicles — and has found “widespread noncompliance” with federal laws. “This is to notify you that I have authorized a lawsuit against the state of Connecticut and appropriate state officials to enforce compliance with Section 5 of the National Voter Registration Act of 1993,” which applies to local ‘motor voter’ programs in the states,” Vanita Gupta, a deputy assistant U.S. attorney general, wrote April 15 to Connecticut Attorney General George Jepsen.

Nevada: State settles lawsuit over registering low-income voters | Las Vegas Sun News

Voting rights advocates and the state of Nevada settled a lawsuit today over the state’s implementation of a federal law aimed at registering low-income voters. Under terms of the settlement, the state’s Department of Health and Human Services will provide each of its clients a voter registration application, help them fill out the forms and send the applications to state election officials. The department administers benefit programs like the Supplemental Nutrition Assistance Program, cash assistance, Medicaid and the Special Supplemental Nutrition Program for Women, Infants, and Children, to low-income Nevadans.

Texas: State Sued Over Voter Registration Policies | NBC

Thousands of Texans are being denied the chance to register to vote, violating federal voting laws, a new lawsuit alleges. “Texas voters will continue to be shut out of the democratic process unless and until Defendants reform their registration practices,” alleges the complaint, filed Monday in a federal court in San Antonio by the Texas Civil Rights Project. Plaintiffs in the suit say they tried to update their drivers license and voter registration records through the website of the state Department of Public Safety, and believed they had done so. But when they went to vote, they were found to be unregistered, and forced to cast provisional ballots, which likely won’t count. “I felt that my voice was taken away from me when my vote wasn’t counted,” said Totysa Watkins, an African-American woman from Irving, Texas, who works for a health insurer. “Voting has always been something I value and is a right I have instilled in my children. Texas should not be able to take that away.”

Nevada: Voting rights advocates: DMV is breaking the law by failing to register voters | Las Vegas Sun News

Voting rights advocates claim the state is violating a federal law enacted more than 20 years ago requiring the Nevada Department of Motor Vehicles to register voters. Attorneys representing Mi Familia Vota Education Fund and others sent a letter this week to Secretary of State Barbara Cegavske and DMV Director Terri Albertson detailing areas of non-compliance. Across the country, implementation of the law, often called the “motor voter” law, has stagnated since it was passed in 1993, voting rights advocates and law experts say. Mi Familia Vota Education Fund, Demos, Project Vote, the ACLU and the League of Women Voters now are partnering to push for compliance in Nevada, as several of the organizations have done in other states.

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.

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.

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)

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.

Voting Blogs: Just When You Thought It Was Safe to Vote in Kansas… | Project Vote

Project Vote was part of the landmark case in which Kobach got whacked down by the U.S. Court of Appeals, when he tried to force the Election Assistance Commission (EAC) to add Kansas and Arizona’s state proof-of-citizenship requirements to the federal voter registration form. The Court of Appeals rightfully ruled in 2014 that the NVRA preempted those draconian state laws, and added that Kobach and company “have not provided substantial evidence of noncitizens registering to vote using the Federal Form.” … Today, in a bizarre turnaround, the EAC—without any public process of review—suddenly decided to do what Kobach and Co. have been asking all along. They just added proof-of-citizenship requirements to the instructions on the federal form for residents of Kansas, Georgia, and Alabama.

Montana: Group discusses ‘motor voter law’ claims | Great Falls Tribune

Nearly a dozen people met Thursday to discuss allegations that Montana is failing to fully comply with the National Voter Registration Act of 1993, setting the stage for more meetings and further discussion, officials said. In a Dec. 18 letter, a group claims Montana has not fully complied with sections that establish clear voter registration obligations on the Motor Vehicles Department, which is overseen by the Department of Justice, and the Montana Department of Public Health and Human Services