On December 13, U.S. District Court Judge Eric Melgren issued an order in Kobach v U.S. Election Assistance Commission, 5:13cv-4095. This is the case in which the Secretaries of State of Kansas and Arizona sued the U.S. Election Assistance Commission in order to get permission to change the federal voter registration postcard form within those two states. The federal form asks applicants to sign under penalty of perjury that they are citizens. Those two states want applicants to be told that they must attach paperwork proving they are citizens. The states want the federal form altered, for use within those two states.

The judge’s order tells the U.S. Election Assistance Commission to make a decision on whether those two states may have their wish granted. The order notes that even though there are no sitting Commissioners on that agency, that the federal government has alleged that the staff of the Election Assistance Commission has the authority to decide. The judge’s order says that if the Election Assistance Commission has done nothing by January 17, then the inaction will be deemed to be a refusal. Thanks to Rick Hasen for this news.