Kobach to appeal 10th Circuit citizenship ruling
Topeka ? Kansas Secretary of State Kris Kobach plans to appeal a federal court ruling issued Friday that could lead to the unraveling of a state law requiring voters to show proof of citizenship in order to register.
The case involves a challenge by the states of Kansas and Arizona to the U.S. Election Assistance Commission, an agency charged with providing uniform voter registration applications under the National Voter Registration Act, commonly known as the “Motor Voter” law.
Earlier this year, the U.S. Supreme Court said Arizona, which has a similar proof-of-citizenship law, could not refuse to accept the federal application, but it could ask the EAC to provide an amended form that complies with state law.
Both Kansas and Arizona later made such a request, but the agency declined, saying there were other, less restrictive ways the states could prevent non-citizens from registering to vote short of requiring them to show documentary proof of citizenship.
The 10th U.S. Circuit Court of Appeals in Denver ruled Friday that the federal government does not have to provide Kansas and Arizona with separate federal registration forms to include the proof-of-citizenship requirement.
While that case was pending, both Kansas and Arizona conducted what amounts to a “dual” election system, where voters who register using the federal form are allowed to vote in federal elections, but they may not vote in state or local elections, which are governed by state law.
Kobach’s office has estimated only a small number of voters fall into that category, although officials there could not provide an exact number Monday.
The Douglas County Clerk’s office said Monday that only seven voters in the county were registered only for federal elections, but none of those voters cast ballots in Tuesday’s general election.
A separate lawsuit challenging the dual voting system is pending in Shawnee County District Court, which has delayed taking action until the 10th Circuit ruled on the issue of the federal form.
“Now that the EAC case is decided by the 10th Circuit, we look forward to moving forward with that case,” said Tom Witt, executive director of Equality Kansas, a civil rights and gay rights advocacy group that is the plaintiff in the case.
If the Shawnee County court agrees with the plaintiffs and rules that Kansas cannot conduct dual elections, that would effectively nullify the state proof-of-citizenship requirement because voters could simply bypass the law by registering to vote using the federal form.
But if the court upholds dual elections, that would mean people must still show proof of citizenship in order to vote in state and local elections.