Arizona and Kansas sue U.S. over voter registration law

PHOENIX Wed Aug 21, 2013 5:48pm EDT

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PHOENIX (Reuters) - Kansas and Arizona filed a lawsuit against the U.S. federal government on Wednesday, seeking court approval for states to require proof of U.S. citizenship when registering to vote.

The lawsuit brought by the two Republican-led states accuses an agency of President Barack Obama's Democratic administration of preventing them from enforcing state laws that require proof of citizenship as a way to prevent illegal immigrants from voting.

The suit, part of an on-going battle over voter registration laws being waged nationwide, demands that the U.S. Election Assistance Commission modify federal voter registration forms to allow states to require proof of citizenship.

The federal form now asks for a verbal pledge that the applicant is a U.S. citizen but does not require documentation as proof.

In June, the U.S. Supreme Court struck down the controversial provision requiring proof of citizenship passed by Arizona voters in a 2004 referendum. The requirement was criticized by immigrant advocacy groups such as the Mexican American Legal Defense and Education Fund.

The groups said it unfairly deterred legal voters from casting ballots because they might not have the required paperwork.

In a 7-2 vote, the nation's highest court said the 1993 National Voter Registration Act trumps the state law approved in the desert state that borders Mexico. The ruling affected Arizona, Kansas, Georgia and Alabama.

But the court left the door open for Arizona to assert its arguments through separate litigation, a possibility mentioned by justices during oral arguments in April.

Supreme Court Justice Antonin Scalia wrote for the majority that Arizona could still challenge the current form in court or ask the commission to include the citizenship requirement on the federal form in the future.

The lawsuit was filed in federal court in Topeka, Kansas, by Arizona Secretary of State Ken Bennett and Kansas Secretary of State Kris Kobach.

Kobach has been active in opposing immigration even before he was elected to state office. As a private lawyer, he was involved in the drafting of the controversial Arizona anti-immigration law passed in 2010 that stirred protests and court challenges.

A number of states led by Republicans have tightened voter identification laws in recent years, prompting criticism from Democrats and some advocacy groups that they will discourage minorities, the elderly and the young from voting.

Republican supporters of the laws said they are aimed at preventing voter fraud.

(Reporting By David Schwartz in Phoenix and David Bailey in Minneapolis; Writing by Greg McCune; Editing by Cynthia Johnston and Ken Wills)

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Comments (11)
AlkalineState wrote:
“It’s just a free ID. Why is that so bad?”

Same should go for a federal gun-owner ID card then. “No guns allowed until you get a federal gun-owner ID. The government will GIVE you the ID. What do you care?”

Yeah, that’s what I thought. Not so into that one?

Aug 21, 2013 4:24pm EDT  --  Report as abuse
actnow wrote:
“Tough” laws that require a person choosing their elected rep to show a valid ID? This is common sense and the standard that this nation and virtually every other democracy have had for decades. With an estimated 12 – 20 million people here illegally, citizens should demand these laws continue for decades to come. It seems that the ones pushing weak ID laws are the very ones that gain the most when fraud is rampant. Time to call it like it is.

Aug 21, 2013 4:39pm EDT  --  Report as abuse
Speaker2 wrote:
ActNow, What voter fraud? Anyway don’t worry about those 11-million illegals as you put it, Congress will eventually make them citizens.

Many people don’t have drivers licenses or state ID’s, especially the elderly. But hey I agree with Alkaline, state ID for gun owners and all guns must be registered before you vote.

Aug 21, 2013 6:15pm EDT  --  Report as abuse
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