Posted by azBlueMeanie:
Arizona Attorney General Tom "banned for life by the SEC" Horne and Secretary of State Ken "Birther" Bennett are in U.S. District Court in Kansas, Kris W. Kobach et al. v. United States Election Assistance Commission (13-4095-EFM-DJW) suing the federal Election Assistance Commission (EAC) and threatening to impose a two-tier system for voting in Arizona and Kansas based upon whether you registered to vote with the Arizona voter registration form or the federal motor-voter form (NVRA).
Dion Lefler of the Wichita Eagle reports on the latest breaking news in this case, Judge questions feds’ role in Kansas, Arizona voting laws:
A judge strongly questioned Tuesday whether a federal commission has the authority to prevent Kansas and Arizona from demanding proof-of-citizenship documents from people trying to register to vote using federal forms.
Judge Eric Melgren repeatedly pressed Department of Justice lawyer Bradley Heard to explain how a Supreme Court decision last year on Arizona's proof-of-citizenship law allows the federal Election Assistance Commission to reject requests from Arizona and Kansas to add state-law requirements to the instructions for filling out the voting form.
"The single pivotal question in this case is who gets to decide … what's necessary" to establish citizenship for voting, Melgren said.
Heard said that decision lies with the EAC under the federal National Voter Registration Act, also known as the motor-voter law. He said the law empowers the commission to decide what questions and proofs are necessary to include in the federal registration form.
While the law doesn't explicitly state the EAC can overrule states on proof of citizenship, Heard said the legislative history shows that requiring document proof was considered and rejected by Congress.
"I've read the legislative history, and I'm not very impressed by it," Melgren responded.