A U.S. District Court in Wichita, Kansas, is currently hearing oral arguments 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 argue that the court should force the federal government to alter the federal voter registration forms that are used within those two states. If the two states lose this case, they expect to set up dual voter registration records. There would be a list of voters who had used the federal form, who could only vote for federal office, not state or local office.

The controversy all began when the U.S. Supreme Court ruled earlier this year that Article One of the U.S. Constitution does permit the federal government to set up its own voter registration form. Kansas and Arizona Secretaries of State don’t like the federal form, because it does not require applicants to prove they are citizens; applicants sign under penalty of perjury that they are citizens, but those two states want more evidence. The U.S. Supreme Court decision implied that states that don’t like the federal form may have the right to force the federal government to alter the federal form to the states’ liking. See this story.