On April 29, the Tenth Circuit issued an opinion in Fish v Schwab, 18-3133, agreeing with the U.S. District Court that Kansas can’t require voter registration applicants to submit paperwork proving they are citizens.

The evidence showed that over 30,000 voter registration applicants had been unable to successfully complete the registration process. And Kansas could only show conclusively that only 39 non-citizens had registered to vote over a long period of time.

The three judges were Mary Briscoe, a Clinton appointee; Jerome Holmes, a Bush Jr. appointee; and Monroe McKay, a Carter appointee. Judge McKay died on March 28, 2020, at the age of 91, so the vote was 2-0. Tenth Circuit rules permit a panel of two surviving judges to release an opinion when the two judges agree with each other.

Kansas passed its requirement in 2011, and it has been under litigation almost since it was first passed. First the courts ruled that applicants who used the federal voter registration couldn’t be required to attach proof of citizenship. Then the litigation continued, relative to applicants who use the state form. Generally, for most people proof of citizenship meant attaching a certified copy of a birth certificate.