U.S. Election Assistance Commission Rules that States May Not Alter Federal Voter Registration Forms

On January 17, the U.S. Election Assistance Commission issued a 46-page ruling, finding that Arizona, Georgia, and Kansas requests to alter the federal voter registration form are denied. The Commission first determines that it has jurisdiction to adjudicate the states’ requests. Then, it evaluates the evidence put forward by the states in support of their request, and finds the evidence unconvincing.

The three states want additional proof that applicants who use the federal form are citizens, other than a signature under penalty of perjury. The EAC ruling says that Arizona and Kansas still accept sworn statements as sufficient for certain election-related purposes, such as changes of address, or an application that the voter is disabled and therefore qualifies for an automatic mail ballot. The EAC also quotes from Arizona election officials who themselves, in the past, have expressed the opinion that an illegal alien is unlikely to register to vote because that would subject that alien to a felony conviction. See pages 27-32.

Oklahoma Bill to Provide Picture and Finger Image on Voter Registration Cards, to Avoid Need to Show Other Photo-ID

When someone registers to vote in Oklahoma, he or she is given a voter identification card, but it doesn’t have a photo on it, and the state also requires voters at the polls to show government photo-ID. Representative David Perryman (D-Chickasha), an attorney, has introduced HB 3150. It provides that future voter identification cards carry the photo of the voter, and also an image of each of the two index fingers. The purpose of this would be to eliminate the need for voters at the polls to show government photo-Id, assuming that the voter brought his or her voter identification card to the polls. Thanks to Richard Prawdzienski for this news.

Sixth Circuit Sets Briefing Schedule in Minor Party Lawsuit

On January 16, the Sixth Circuit set a briefing schedule for Libertarian Party of Ohio v Husted, 14-3030. The state’s brief is due February 28; the briefs for the minor parties are due April 2; the state’s reply is due April 19. After that, it will probably be several months before an oral argument is scheduled, although it is possible that the state won’t ask for oral argument. The 2014 primary is May 6.

It is conceivable that the state might drop its appeal, because the case only involves the 2014 election, and anything the court does is likely to be too late to have any practical effect. It is also conceivable that the Ohio legislature, which is session now, will alter the law.