On November 7, the Tenth Circuit ruled 3-0 that Kansas and Arizona cannot require the U.S. Election Assistance Commission to modify the federal voter registration forms that are used in those two states. Kobach v U.S. Election Assistance Commission, 14-3062. Here is the 29-page opinion. The most interesting parts start on page 18.
The federal voter registration form asks registrants to sign under penalty of perjury that they are citizens. Kansas and Arizona don’t believe that is sufficient, and they want the federal forms used in their states modified to tell applicants that they must attach proof of citizenship. The U.S. District Court in Kansas had ruled that if the states want that change made, the Election Assistance Commission must comply.
Article One of the U.S. Constitution gives congress the right to write election laws for congressional elections. States may set voter qualifications, but congress has the right to modify how congressional elections are run. Page 20 finds that the content of the form is related to how elections are run, not on which individuals are qualified to vote.
The decision says the Election Assistance Commission already held extensive evidence-gathering on whether the forms need to be modified, and that the Commission made no clear error when it sifted through the evidence and concluded the alternation is not needed. The decision is by Judge Carlos Lucero, a Clinton appointee, and co-signed by Judge Jerome Holmes, a Bush Jr. appointee, and Judge Gregory Phillips, an Obama appointee. Thanks to Rick Hasen for the link.
This is nothing more than a “…….” contest between the states and federal government. Liberal judges wanting to convolute state law so illegal aliens can become citizens without any proof of loyalty to the United States, and state governments demanding would-be citizens show paper proof of citizenship, since people will just as quickly lie as they would take their next breath.
Why doesn’t out governments – both federal and states – go to such extremes to make sure 3rd party and Independent candidates are guaranteed their rights to have a spot on the ballot without having to go bankrupt in obtaining pre-set number of signatures on a petition?
When a 3rd party or Independent candidate whom I might support and would love to have the pleasure of voting for is denied ballot position because the demands of the state’s qualifying requirements are too harsh, such violates my voting rights also – not just the candidates.
But such is not important concerning common sheeple of America.
But woe unto them, who would deny some illegal alien’s right to vote – based on no premise other than he or she is a human being.
citizen stuff = ALLEGIANCE stuff via citizen fathers – natural born or naturalized.
How soon before SCOTUS gets the case ???
The usual suspects obviously want more and more voters who have NO ALLEGIANCE to the USA Constitution
— regarded by them as a totally obsolete old piece of political JUNK —
to be totally replaced by Marxist – Leninist – Stalinist New Age communism — allegiance ONLY to the communist STATE.