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Archive for Wednesday, October 27, 2010

Kansas GOP candidates like proof of citizenship requirement, but court says no in Arizona

October 27, 2010, 12:36 p.m. Updated October 27, 2010, 5:32 p.m.

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Election 2010

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2010 Kansas Elections: Kansas Secretary of State

Chris Biggs, Kris Kobach, Phillip Horatio Lucas and Derek Langseth are running for Kansas Secretary of State.

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— Republican candidates Sam Brownback and Kris Kobach have said they want a law in Kansas that would require proof of citizenship to register to vote.

But such an effort may face legal problems.

Earlier this week, such a law in Arizona was tossed by a three-judge panel of the Ninth U.S. Circuit Court of Appeals. The panel, however, did uphold a requirement that voters provide ID when voting. The same court next week will consider parts of Senate Bill 1070, the controversial Arizona immigration law that Kobach co-wrote.

On the issue of requiring proof of citizenship to register to vote, the court ruled that the Arizona law conflicted with the federal National Voter Registration Act of 1993.

That act established a uniform registration form that requires applicants to swear they are citizens under penalty of perjury.

In 2004, Arizona voters approved Proposition 200 a separate state registration form that requires proof of citizenship.

But voting rights and Hispanic groups said the law created barriers to voting, especially for new citizens. They claimed thousands of Arizona voters had their registrations rejected because they didn’t provide the documents required by the state.

The appeals court panel — which included former U.S. Supreme Court Justice Sandra Day O’Connor, who heard the case as a temporary appeals judge — agreed with the plaintiffs.

“It is indisputable that by requiring documentary proof of citizenship, Proposition 200 creates an additional state hurdle to registration,” their ruling said.

Supporters of the law said it ensured only eligible voters cast ballots in elections, and they promised to appeal the ruling.

Brownback, who is running for Kansas governor, and Kobach, who’s running for secretary of state, have said requiring proof of citizenship would be good for Kansas’ election system.

“This will help reduce instances of voter fraud,” Brownback said.

Brownback’s opponent, Democrat Tom Holland, and Kobach’s opponent, Democratic Secretary of State Chris Biggs, have been critical of the Republicans’ positions on voter requirements. Both Republicans also support requiring Kansans to show a photo ID to vote.

“This is a solution in search of a problem,” said Holland. “The largest threat to the integrity of our elections would be career politicians placing additional – and expensive - barriers between voters and the ballot box. This burden would be especially hard on the elderly, the poor and the disabled,” he said.

Biggs has said there are few voting irregularities in Kansas elections, and Kobach is simply creating an issue where there is none. But Kobach has said it is a real problem, and has also vowed, if elected, to expand the prosecutorial powers of the secretary of state’s office.

Next week, the federal appeals court will take up Arizona’s appeal of a lower court ruling that prevented parts of Senate Bill 1070 from taking effect. The bill, which Kobach was instrumental in forming, requires local law enforcement to seek proof of citizenship from people they suspect of being in the country illegally.

Comments

JHOK32 3 years, 5 months ago

Just for once I'd like to see a Republican put his money where his mouth is. Case in point, Sam Brownback wants to be our next Governor. He is a self-described "conservative." He has done nothing but criticize President Obama's Health Care Bill. At the very same time that he is on the pulpit crying out that taxpayers should not help to pay for Health Care, he HIMSELF is cashing in on us taxpayers footing the bill for HIS & HIS FAMILY'S health care insurance! Come on Sammy, IF you really were a TRUE conservative, you and all of your other "conservative" Republicans should be giving us taxpayer's our money back! Yes, I'm tired of paying for YOUR health insurance! Instead of talking out of both sides of your mouth, PUT YOUR MONEY WHERE YOUR MOUTH IS!

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ShePrecedes 3 years, 5 months ago

I would like to see the GOP Kansas Candidates provide proof that they are sane.

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Fred Whitehead Jr. 3 years, 5 months ago

Must be an election year, all the Republican Terrorist candidates are out kissing babies, eating apple pie, and advocating rounding up "illegal aliens" and carting them off to jail so they can squeeze a few more votes out of the unknowing and illiterate great unwashed..This is to be expected and anticipated.

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Richard Payton 3 years, 5 months ago

Add prop B to this and you might end up with many legal voters over 18 now not able to vote!!

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jimincountry 3 years, 5 months ago

Will creditials be available that are printed in Spanish!?

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ivalueamerica 3 years, 5 months ago

I thank God every day I live in a country where the Constitution promises that I do not have to hear....

Pleeeeze chowww me your paperzzzzzzzzz

every time I turn around.

I guess the GOP does not hold the same values as I do.

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Tom Shewmon 3 years, 5 months ago

The only ones scared are Reid, Pewlosi and of course, The Anointed One. They're all about to see their socialist master plan go up in flames. BOO!

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gatekeeper 3 years, 5 months ago

Kobach will be preaching at a church in Linwood on Halloween. It's going to be the scariest thing anyone could experience this Halloween.

Separation of Church and State, huh?

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CheneyHawk 3 years, 5 months ago

Lord help us if Brownback and Kobach are the braintrust for Kansas. Sam earned his money the old fashioned way....he married into it.

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autie 3 years, 5 months ago

i thought they were supposed to be against big government. More rules, more regulations, more rights wittled away. When fascism come to Kansas, it will be wrapped in a flag and carrying a cross and both them will look like Wally Cleaver.

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monheim 3 years, 5 months ago

I hate to have to say this, but illegal immigrants are usually less educated, working-class people who really aren't interested in voting anyway. If Kobach wants to claim there is a rampant problem with illegal immigrants trying to vote, he has to provide some facts to back it up. I'm not aware that he has...though I admit I haven't looked very hard. Point is, burden of proof is on him.

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jaketh 3 years, 5 months ago

All this bs about voter fraud. On the average less than 50% of all eligible voters vote anyway. Instead, why don't we focus on increasing the participation & making a vibrant democracy. When average 40% of the voters decide for the rest of the population , it is sad day for democracy & America. Voter fraud is created more by human or machine error in counting like hanging chad of the Bush-Gore election. Having more election monitors in the tallying up process is a much better process to ensure free & fair election.

If an ID is required to vote, then, EVERYONE (white, black, hispanics etc) should be required to show piece of ID all the time & everytime, not just a specific ethnic group. This is where the problem lies. This rule will not be enforced evenly. DL can be gotten without proof of citizenship. Birth Certificate is not a picture ID. One will have to present a picture ID along with a Birth Certificate. Probably, we will have to carry the passports. Now how many Americans have their passports? Not all of us!

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bender 3 years, 5 months ago

"But Kobach has said it is a real problem, and has also vowed, if elected, to expand the prosecutorial powers of the secretary of state’s office"

Does anyone know if the secretary of state is empowered to expand their own powers unilaterally? I searched the Kansas Constitution and could not find any prosecutorial powers granted to the secretary of state whatsoever.

Does Kobach know what office he's running for?

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zzgoeb 3 years, 5 months ago

To really understand this issue in AZ, read this new investigation into AZ and illegals. This put an whole new angle of greed and control on the party of "less government"! http://www2.ljworld.com/news/2010/oct/27/kansas-gop-candidates-proof-citizenship-requiremen/#c1406048

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Melinda Black 3 years, 5 months ago

Great idea Brownback and Kobach. Let's waste Kansas tax payer money on the inevitable legal challenges that are sure to follow. .

Voter fraud is a non-issue in our state. Talk about the theater of the absurd.

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Jimo 3 years, 5 months ago

Of course, the underlying reality here is that any such law wouldn't be uniformly enforced. Friend I know recently moved to a state that requires a signed affidavit of citizenship and two forms of ID, one of which must be a driver's license or state issued ID.

Documents in hand, this friend of mine went to register to vote. Being white and speaking non-accented English, the election worker never bothered to ask to see the ID. Hmmm.....do you suppose Maria speaking halting English would have been waived straight through?

Of course, as a GOP candidate would - and has - proposed: we can always adopted an East German police state with mandatory IDs, secret files on all people and police spies everywhere.

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Kontum1972 3 years, 5 months ago

CAIT 48.......i work for the treasury dept.....for the past 30 years.......what do u do?

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Kontum1972 3 years, 5 months ago

cait 48, i have all the above and i witnessed my grandparents becoming american citizens i was born at providence hospital.....white blood?

.. blood is red.. not white

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DavidHerst 3 years, 5 months ago

Non-problem, non-problem, non-problem.

Wonder what he REALLY wants to do? Gain a semi-legitimate soapbox to spew his hate

Man I miss the Stasi ; the GDR Secret Police

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Cait McKnelly 3 years, 5 months ago

You guys are too funny. Hahahahaha! Here.


http://www.justice.gov/crt/voting/nvra/activ_nvra.php


It's called THE NATIONAL VOTER REGISTRATION ACT. Let me break that down for you. TheNational Voter Registration (I know that's 4 syllables but if you struggle hard you can do it)Act.. The word Act means it's a law, boys and girls. It was passed by Congress in 1993. Now. Keep talking. Oh and tell Mr. K.K. (K.) the Constitution is not toilet paper. I'll be happy to get him a Sears catalog.

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Kontum1972 3 years, 5 months ago

hey Dist. Voice......i am a mexican.....i was born in kansas city.....i fought in vietnam against the commies...u got a problem with me being mexican?

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SnakeFist 3 years, 5 months ago

Driver's licenses, utility bills, etc. are proof of residency, not citizenship. The only thing most of you have to prove citizenship is your birth certificate, assuming you still have that 100 year old document printed on papyrus.

In my opinion, proof of military service should be required to vote. If you're not willing to defend it, then you should have no say in how its run.

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Tom Shewmon 3 years, 5 months ago

That's right Paul. The left (including The Anointed One) are so angry, they need to be watched like an unruly 3 year-old in Wal-Mart. I don't trust any state who has dead-heats, and a Democratic Machine running the show. Nuh-uh, no way. Not this time. Nutcase Al Franken pulled that BS two years ago and I would expect to see a handful of the same scenarios this year. Democrats are corrupt and are supported by a corrupt media and the despicable far-left blogs. You have George Soros giving money to NPR to hire 100 new reporters for it's 50 member stations. Ya' think they're rooting for the GOP? And the left cries day in and day out about Fox News. Give me a break. They're up against how many left-wing media outlets?

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Paul R Getto 3 years, 5 months ago

The Unicorns are coming! The Unicorns are coming! The Unicorns are coming! Be afraid; be very afraid (of Kobach wasting money and time and making us the laughing stock of the country,) just like General Kline did.

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bd 3 years, 5 months ago

I have to show ID if I write a check??? Whats the big deal??? Obummer will require ID for his new health care mess, so what is the problem here???

Tea anyone????

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PROAMERICA 3 years, 5 months ago

Are the wetbacks going to have to swear in english that they are a citizen? We have to change this crap some way!! I'll vote on Tuesday to help get it started!

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distant_voice 3 years, 5 months ago

I can't tell you how flipping happy it makes me to know that three U.S. Judges support the right of Mexican, Iranian, Ukranian, Chinese, and literally any citizen of any country in the world to vote in our elections. Why have elections at all? Let's just ask Mexico and Iran who they want running our country.

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rtwngr 3 years, 5 months ago

Most of you people act like there are no laws that are meant to prevent a person from entering this country illegally. I see blogs about "walking hundreds of miles for a paycheck" and "Jim Crow" laws. The fact is it is illegal to enter this country without going through the proper channels and having permission to do so. I don't care a wit whether the immigrant can earn a paycheck in their country or not. It is not the United State's responsibility to provide them with a job. If I am out of work and have no income, that does not give me the right to commit a crime to obtain money.

What about the people that live along the international border. What about their rights as land owners? What about their rights to enjoy U.S. parkland without being shot because they have ventured into an area that drug runners like to use because of the remoteness of the area? Why is it other countries dictate to us what our policies should be on immigration when they do nothing but encourage their citizens to break the immigration laws of our country?

What's more, you bleeding hearts elected a president that is all for "card check" at union elections but nooooooo, you can't ask for identification at a municipal election poll. Talk about hypocrisy. Then we have the "New Black Panther" party members being given a pass by the Justice Department because they refuse to prosecute black on white voter intimidation. (And before you call me a racist, those words came from a member of the Justice Department that testified under oath that that is what he was told by his superiors.)

So Bozo, Jimo, and the rest of you libs, if you are not part of the solution, you are part of the problem. You sponsor them and you support them if you want immigration. Don't ask me to support them with my tax dollars when they wind up on the social service rolls in one of our states. I'm already sending "Obama Money" to people that want to suckle on the social service nipple.

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Tom Shewmon 3 years, 5 months ago

More than ever, Democrats don't care where a vote for their party comes from.

I have to say, from a brazen and arrogant attitude standpoint, Dems have one big pair.

"Clark County election officials insisted on Tuesday that electronic voting machines were not malfunctioning at polling locations are some voters complained that Sen. Harry Reid's name had been pre-selected.

Controversy arose after Boulder City resident Joyce Ferrara complained to FOX5 that when she went to vote for GOP Senate candidate Sharron Angle, Reid's name was already checked.

"Something's not right," Ferrara said. She claimed her husband and several others voting at the same time all had the same thing happen."

http://www.fox5vegas.com/news/25511115/detail.html

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Smarmy_Schoolmarm 3 years, 5 months ago

Pretty sure you should guess again.

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jumpin_catfish 3 years, 5 months ago

Pretty sure most Americans approve proof of citizenship to vote except squirrelly people.

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SnakeFist 3 years, 5 months ago

Consider this: How would you prove you're a citizen? Presumably, with your birth certificate. But regressives want to do away with "birthright citizenship" guaranteed by the 14th Amendment, so having a U.S. birth certificate will no longer be proof of citizenship. How will you prove you're a citizen then?

Regressives' hate of others will be their own undoing.

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Cait McKnelly 3 years, 5 months ago

Jim Crow laws for Hispanics. Gotta love it.

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kubacker 3 years, 5 months ago

Since no one in Kansas ever commits voting fraud that means no one has to worry that Kobach's and Brownback's voting law enforcement people will catch them doing it. Problem solved - nothing further to discuss.

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citizen4honor 3 years, 5 months ago

I think a lot of people here are assuming that the photo ID is to prevent illegals from voting. Much fraud is people voting twice, ("vote early and vote often", Al Capone), miscounts ( "The people who cast the votes decide nothing. The people who count the votes decide everything.” Stalin), community organizers helping nursing home patients vote (those unable to communicate, read, write), mickey mouse votes, ballots show up after the election in someone's trunk (Al Franken - recount). The process is so lax it is prime for fraud.

True story. On Monday a man went into Shawnee County Election office carrying an advanced ballot application already completed and signed. It had a WOMAN"s name on it. The Clerk said "Is this you?" He said yes. She then asked him for his address which he read off of the application. Clerk said, "OK" and he voted. No one asked for ANY identification of ANY kind. Guess he just looked honest.

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Doppleganger 3 years, 5 months ago

Why would Democrats want to know who votes for them? It's not the voters that count. It's the people that count the votes that matter. Besides, People rarely engage in high risk behavior like getting money to vote or walk hundreds of miles across wasteland to hide from the law.

This is just ginned up republican lies to protect their children from stray cartel bullets.

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missmagoo 3 years, 5 months ago

So given the list that Citizen provided above of acceptable forms of citizenship... what would be an instance where someone who is a legal US citizen CANNOT prove it? Someone who doesn't have a car, fine, but they don't pay any bills, don't have a bank account, and don't receive government assistance? Baloney. People need to get off their high horse! If you want to buy a beer, you need ID. If you want to vote, you have to be a US citizen, and if asked -- you should be able to prove it! Why does this have to be so complicated?

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LJ Whirled 3 years, 5 months ago

It might be a real good idea if someone would pass some of these laws in a State that is NOT within the territory of the 9th Circuit Court of Appeals, which is the most liberal in the land.

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deathpenaltyliberal 3 years, 5 months ago

I see that when confronted with a logical argument, the clueless dupes of the rightwing just sputter, "California, Democrats, activist judges, Obama,...".

You do know that Sandra Day O'Connor was appointed by Pres. Reagan, don't you?

Just for once, can we have a real discussion, and not sloganeering?

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bobberboy 3 years, 5 months ago

i guess i don't quite understand how those who are not citizens can actually elect someone to represent them.

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citizen4honor 3 years, 5 months ago

We need real proof of citizenship and a photo ID. The only thing preventing voter fraud now is someone's conscience. Did you know these are the current "proofs" of citizenship?

Nursing home roster if on government form (such as filed with KDHE, Aging) Ham radio operator’s license issued by Federal Communications Commission Vehicle registration Copy of DMV change of address form Statement from post office that an individual lives in and receives mail at a specific facility/location Medicare or Medicaid check SRS check WIC check Other public assistance check

Full list: http://www.snco.us/election/voterid.asp

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Determined 3 years, 5 months ago

In regard to voting, Trust, but verify.

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AlexHamilton 3 years, 5 months ago

In six days conservatives (for the most part) will take back the state of Kansas, and much of the country. Desperate hit pieces from the left can do nothing to change this certainty.

Kris Kobach will be the best thing that has happened to Kansas in decades. I can't wait for him to take office and help lead our state! With the help of all the new conservative state reps that we'll be sending to Topeka next year, as well as Governor Brownback and Attorney General Schmidt, Secretary of State Kobach will do much to restore the 10th Amendment and return power in this nation to the people. Go, Kobach!

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TinkyWinky 3 years, 5 months ago

"Fathom the odd hypocrisy that Obama wants every citizen to prove they are insured, but people don't have to prove they are citizens".

  • Ben Stein
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rockchalk1977 3 years, 5 months ago

The 9th Circus is the biggest joke in the country! It was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments.

According to Federal judicial appointment history, the 9th Circus has the highest percentage of active judges appointed by Democrat presidents, with 59%. Until 2003, this percentage was much higher; a political stalemate over judicial nominations subsequently kept several vacancies on the court for several years.

Once again proof that...

Democrats = bad Republicans = good

Let's all say it together.

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kubacker 3 years, 5 months ago

Wow, big surprise - 9th Circuit Court in San Francisco (a sanctuary city) ruling by a 2-1 vote, and the two judges voting against Arizona were Sandra Day O'Conner, filling in for a regular 9th Circuit judge, and her former Supreme Court law clerk who is now a 9th Circuit judge.

Long story short, this is going to be reversed big time in the U.S. Supreme Court in the very near future, and any of you that think this was the last word are in for a big disappointment.

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deathpenaltyliberal 3 years, 5 months ago

Any illegal immigrant that gets arrested gets deported nowadays. Deportations have been up since 2010.

So why would they vote and risk deportation?

No illegals are just "given a citation". More fear-mongering.

FYI, I think all 10-11 million illegals should be deported. The past lax immigration enforcement has been due to corporate interest in depressing wages. So you can thank the GOP for that.

The GOP likes to have it both ways. Let illegals in when it serves their interests, and complain about them once they are here.

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ivalueamerica 3 years, 5 months ago

Besides the irony that those who call for fewer government intrusions into our lives want greater government intrusion at this point....

There is also the irony that those who claim to be the party of patriots are the ones most likely to spit on the Constitution.

If they are unable to save our country without ripping it apart, they are failures, traitors and the enemy within.

I will not let them destroy the Constitution so easily.

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Clara Westphal 3 years, 5 months ago

Illegal immigrants have little to fear anymore. It is a rare case when they are apprehended. Even when they are, they are given a citation and nothing more happens to them.

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deathpenaltyliberal 3 years, 5 months ago

Because voting is a RIGHT, not a privilege (like driving).

The lies about "voter fraud" are designed just to scare people to accept more government control. And to raise funds for Republicans.

The last election cycle in Kansas had 7 complaints (not even convictions) about voter fraud, out of 1.7 million votes cast.

And it doesn't pass the smell test. Why would an illegal immigrant risk a (felony) arrest just to vote? How does it benefit them?

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missmagoo 3 years, 5 months ago

I guess I just don't see the argument here. If you're not a US Citizen, you can't vote here. If you can't prove you are, you probably shouldn't be voting anyways! How is it different than providing proof of citizenship to.. work, drive, etc? Someone please explain!

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Danimal 3 years, 5 months ago

I'm pretty sure several states have already been down this road and met a huge roadblock in the courts, specifically the Supreme Court. Why can't Kris Kobach just move to Arizona already? At this point he has nothing of value to bring to our state and its governance.

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