Kansas and Arizona both use a “dual” election system based upon the form of voter registration one uses.
Both states refused to allow those who use the federal voter registration form, which requires only an attestation of U.S. citizenship, to vote in state and local races after losing a legal challenge earlier to require the Election Assistance Commission (EAC) to add the state-specific requirement of proof of citizenship to the federal voter registration form for Kansas and Arizona. Voters using the federal voter registration form can only vote in federal races.
This “dual” election system is being litigated in Kansas, and on Monday, the U.S. District Court for the state of Kansas, once again, struck down that state’s proof of citizenship requirement for voter registration, finding that Secretary of State Kobach had failed during trial to show evidence of widespread voter fraud. Judge Rejects Kansas Law Requiring Voters to Show Proof of Citizenship:
The ruling was a blow to Mr. Kobach, a Republican who has emerged as a national figure on [voter suppression], a candidate for governor of Kansas and an ally of President Trump in part by claiming that large numbers of noncitizens have cast ballots in American elections. Experts on election law say that there is no evidence that voter fraud is a pervasive problem.
For Kansas voters, the decision means that in elections this fall, people will not be required to provide proof of their citizenship in order to register to vote, as required under a Kansas law passed in 2011.
Posted in AZBlueMeanie, Civil Rights, Constitution, Corruption, Courts, Elections, Ethics, GOP War On..., Party Politics, Scandals
Tagged voter suppression, voting rights
Closing arguments in the Kansas proof-of-citizenship voter registration law case were Monday. Testimony ends in Kansas voting law trial. U.S. District Judge Julie Robinson said she couldn’t say when she would issue an opinion but that she was aware this year’s elections were quickly approaching. She gave attorneys until April 16 for any final legal filings in the case.
The GOP’s voter suppression specialist, Secretary of State Kris Kobach (above), returned to court on Tuesday for a contempt hearing for violating the judge’s orders. Judge harshly criticizes Kobach during contempt hearing:
A visibly angry federal judge on Tuesday blasted Kansas Secretary of State Kris Kobach for his office’s failure to ensure that certain voters are notified that they are eligible to vote in the upcoming election while a lawsuit over a state voting law makes its way through the courts.
U.S. District Judge Julie Robinson criticized Kobach during a hearing on a motion from The American Civil Liberties Union to hold Kobach in contempt of court for not updating the state’s election guide or ensuring that county election officials send postcards to residents who registered to vote at driver licensing offices without providing proof of citizenship. Tuesday’s hearing came after seven days of testimony in the ACLU’s challenge of the state’s voter registration law.
Posted in AZBlueMeanie, Civil Rights, Corruption, Courts, Election Integrity, Elections, Ethics, GOP War On..., Party Politics, Racism, Scandals
Tagged voter fraud, voter suppression, voting rights
GOP voter suppression specialist, Kris Kobach, is unbelievably the Secretary of State of Kansas. He is the author of the so-called “Arizona Taxpayer and Citizen Protection Act,” Prop. 200 in 2004, provisions of which require proof of citizenship to register to vote and presenting a photo I.D. to receive a ballot.
In 2012, the Ninth Circuit Court of Appeals sitting en banc in Arizona v. Inter Tribal Council, held that the requirement to provide proof of citizenship to register to vote is invalid as preempted by the National Voter Registration Act of 1993 (NVRA) — but the requirement to provide voter identification at the polling place is valid. In 2013, the U.S. Supreme Court affirmed in a 7-2 decision, with Justice Antonin Scalia delivering the Court’s opinion, the Ninth Circuit’s ruling that Arizona’s proof of citizenship requirement is preempted by the NVRA.
Kris Kobach had enacted a similar law in Kansas, the Kansas Secure and Fair Elections (SAFE) Act in 2011.
The response of Kobach to the Supreme Court ruling, along with a series of hanger-on Arizona Secretaries of State, all Republicans, was to set up a dual voter registration system, one for the NVRA federal voter registration form which would allow citizens to vote only in federal races (denying them their right to vote in state and local races), and one for state voter registration forms, that require proof of citizenship, and allow voter to vote in all races and ballot measures.
Posted in AZBlueMeanie, Civil Rights, Constitution, Corruption, Courts, Election Integrity, Elections, GOP War On..., Party Politics, Scandals
Tagged Arizona Secretary of State, voter registration, voter suppression, voting rights
There has been a lot happening in partisan gerrymandering lawsuits lately, and luckily Rick Hasen at Elction Law Blog has put together a summary of where these cases stand today that will save me a lot of time. The State of Play on Partisan Gerrymandering Cases at the Supreme Court:
Back in 2004 the Supreme Court in Vieth v. Jublelirer split 4-1-4 over what to do about claims that partisan gerrymandering violates the U.S. Constitution. Four Justices said it was non-justiciable, four Justices said it was justiciable and raised a variety of challenges, and Justice Kennedy, in the middle, agreed with the Court’s liberals that the cases were justiciable, but agreed with the Court’s conservatives that the proposed standards didn’t work. He essentially told everyone to keep working on the issue and come back, maybe looking at the First Amendment, maybe history, and maybe computers. The cases at or coming to the Court seek to satisfy Justice Kennedy in various ways.
Here’s the state of play; the Supreme Court heard argument in October in Gill v. Whitford involving a challenge to state legislative districts in Wisconsin. Gill raises a partisan gerrymandering challenge under the Equal Protection Clause, and the McGhee/Stephanopoulos “efficiency gap” figured in (but was not the entire basis) for the analysis. Last month, the Court somewhat surprisingly also agreed to hear full argument in Beniske v. Lamone, a case challenging a Maryland congressional district as a partisan gerrymander under the First Amendment. I explained in this LA Times piece why the Court might have agreed to full argument in Benisek v. Lamone. Argument in the Maryland case will be later in the Spring.
Posted in AZBlueMeanie, Congress, Constitution, Courts, Election Integrity, Elections, GOP War On..., Party Politics, Redistricting
Tagged Equal Protection, First Amendment, gerrymandering, Voter Purges, voter suppression, voting rights, Voting Rights Act of 1965