At the end of March I posted that Kobach v. US Election Assistance Commission appealed to U.S. Supreme Court:
A panel of the 10th Circuit Court of Appeals on Friday, in a unanimous decision, struck down Arizona’s Prop. 200 (2004) proof-of-citizenship requirement for voter registration and a similar provision of Kansas law in Kobach v. U.S. Election Assistance Commission (Nos. 14-3062 and 14-3072). Specifically, this case concerns whether Arizona and Kansas have to accept the federal National Voter Registration Form without additional proof of citizenship. The Arizona Voter Registration Form proof-of-citizenship requirement has previously been upheld by the Courts.
Read the Opinion Here (.pdf).
[UPDATE: The Federal Voter Registration Form requires the voter to swear/affirm that they are a U.S. citizen and that they meet the eligibility requirements of their state “under penalty of perjury. If I have provided false information, I may be fined, imprisoned or (if not a U.S. citizen) deported from or refused entry to the United States.”]
The Wichita Eagle reports, Kris Kobach asks U.S. Supreme Court to restore his proof-of-citizenship law:
Kansas Secretary of State Kris Kobach is asking the U.S. Supreme Court to overturn an appeals court decision and restore a state law he wrote requiring proof-of-citizenship documents to register to vote.
Kobach wants the Supreme Court to undo the November decision by the Denver-based 10th Circuit Court of Appeal, in a case pitting Kansas and Arizona against the federal Election Assistance Commission and a bevy of voting rights groups.
This case was docketed at the U.S. Supreme Court on March 24. Docket for 14-1164. (h/t SCOTUSblog).
This appeal has attracted amicus briefs from all of the usual suspect anti-immigrant haters:
Kobach v. United States Election Assistance Commission
Issue: (1) Whether Article I, Section 2 and the Seventeenth Amendment of the U.S. Constitution require the U.S. Election Assistance Commission to defer to the states’ determination that provision of documentary evidence of citizenship is necessary to enforce the states’ voter qualifications; and (2) whether Article I, Section 2 and the Seventeenth Amendment of the U.S. Constitution permit a dual voter rolls system in which some voters who are qualified to vote for federal office holders are not also qualified to vote for those “in the most numerous branch of the state legislature.”
|Date||Proceedings and Orders|
|Mar 21 2015||Petition for a writ of certiorari filed. (Response due April 23, 2015)|
|Apr 15 2015||Order extending time to file response to petition to and including May 26, 2015.|
|Apr 21 2015||Brief amicus curiae of American Civil Rights Union filed.|
|Apr 21 2015||Letter proposing a lodging of thirteen voter registration forms received from counsel for amicus American Civil Rights Union filed.|
|Apr 21 2015||Brief amici curiae of Judicial Watch, Inc., and Allied Educational Foundation filed.|
|Apr 22 2015||Brief amicus curiae of American Unity Legal Defense Fund filed.|
|Apr 23 2015||Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.|
|Apr 23 2015||Brief amicus curiae of Landmark Legal Foundation filed.|
|Apr 23 2015||Brief amicus curiae of Immigration Reform Law Institute filed.|
|Apr 23 2015||Brief amicus curiae of Center for Constitutional Jurisprudence filed.|
I have not seen this case reported anywhere other than in the far-right media online. NewsMax: Kansas, Arizona Sue US Agency Over Voter Forms That Aid Illegals; Breitbart: KS and AZ File SCOTUS Petition in Effort to Stop Non-Citizens from Registering and Voting, and P.J. Media for example: Obama Admin. Won’t Let States Ask for Proof of Citizenship … On Voter Registration Form! (Oh Noes!)
This case originally was the baby of Secretary of State Ken “Birther” Bennett and his nativist buddy from Kansas, Secretary of State Kris Kobach. These tools instituted a “dual election system” in Arizona and Kansas last year that pissed away a lot of taxpayer money, and that denied a small number of voters who registered to vote using the federal voter registration form their constitutional right to vote in statewide, legislative, and local offices.
One would think that the Arizona political media would follow up with Secretary of State Michele Reagan, Attorney General Mark Brnovich, and Governor Doug Ducey and report on what their positions are in this appeal. Why is this not a story?
And I would strongly urge the voting rights organizations that filed amicus briefs in Kansas and the 10th Circuit Court of Appeals to do so again in the U.S. Supreme Court.