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Most of what you have heard in the media about the Supreme Court’s decision yesterday in Arizona v. Inter Tribal Council of Arizona is incomplete to the point of misleading.
It is true that the Court held that Arizona’s Proposition 200 (passed in 2004) requiring documentary proof of citizenship was invalid as contrary to the National Voter Registration Act (NVRA) requirement that states “accept and use” the federal Election Assistance Commission (EAC) voter registration form which merely requires that a registrant affirm citizenship.
But, this ruling essentially was procedural.
The Court held if Arizona wanted to require additional documentary proof of citizenship it needed to follow the administrative procedures under the NVRA to obtain approval to alter the instructions to the federal form. In fact, in 2005 Arizona had requested such approval, the EAC split 2-2, but Arizona failed to appeal. The Court held that nothing prevented Arizona from requesting approval again, and appealing if denied. The Court practically invited Arizona to try again.
Here’s the key passage (pp. 16-17, emphasis mine):
“Since, pursuant to the Government’s concession, a State may request that the EAC alter the Federal Form to include information the State deems necessary to determine eligibility, see §1973gg–7(a)(2); Tr. of Oral Arg. 55 (UnitedStates), and may challenge the EAC’s rejection of that request in a suit under the Administrative Procedure Act, see 5 U. S. C. §701–706, no constitutional doubt is raised by giving the “accept and use” provision of the NVRA its fairest reading. That alternative means of enforcing its constitutional power to determine voting qualifications remains open to Arizona here. In 2005, the EAC divided 2-to-2 on the request by Arizona to include the evidence-of citizenship requirement among the state-specific instructions on the Federal Form, App. 225, which meant that no action could be taken, see 42 U. S. C. §15328 (“Any action this chapter may be carried out only with the approval of at least three of its members”). Arizona did not challenge that agency action (or rather inaction) by seeking APA review in federal court, see Tr. of Oral Arg. 11–12 (Arizona), but we are aware of nothing that prevents Arizona from renewing its request. [fn 10 omitted] Should the EAC’s inaction persist, Arizona would have the opportunity to establish in a reviewing court that a mere oath will not suffice to effectuate its citizenship requirement and that the EAC is therefore under a nondiscretionary duty to include Arizona’s concrete evidence requirement on the Federal Form. See 5 U. S. C. §706(1). Arizona might also assert (as it has argued here) that it would be arbitrary for the EAC to refuse to include Arizona’s instruction when it has accepted a similar instruction requested by Louisiana.”[fn11]
Footnote 11 noted that and additional documentary evidence requirement recently was approved by the EAC in Louisiana:
11. The EAC recently approved a state-specific instruction for Louisiana requiring applicants who lack a Louisiana driver’s license, ID card, or Social Security number to attach additional documentation to the completed Federal Form. See National Mail Voter Registration Form, p. 9; Tr. of Oral Arg. 57 (United States).
If there were any doubt, the Court reiterated this holding in its conclusion ( pp. 17-18 )(emphasis added):
“We hold that 42 U. S. C. §1973gg–4 precludes Arizona from requiring a Federal Form applicant to submit information beyond that required by the form itself. Arizona may, however, request anew that the EAC include such a requirement among the Federal Form’s state-specific instructions, and may seek judicial review of the EAC’s decision under the Administrative Procedure Act.”
That the vast majority of people have little to know understanding of court decisions - just look at most of the conversations involving them in this forum.
Yeah right. All the Left wingers never saw it either and praised the decision like it actually stopped them from achieving this.
Actually, no. Go back and reread the threads. The left wingers pointed this out immediately, but the right-wingers ignored it and charged down the rabbit hole of imaginary voter fraud.
Actually, no. Go back and reread the threads. The left wingers pointed this out immediately, but the right-wingers ignored it and charged down the rabbit hole of imaginary voter fraud.
NPR on the radio noted it this morning, quoting Scalia's recommendation they go to the election committee and do what Alabama (or Louisiana) did to get a legal identification provision...
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