U.S. panel says voters don't have to prove citizenship (Decision counter to state's Prop. 200)

PHOENIX ¡ª State election officials are scrambling to interpret a ruling that Arizonans do not need to show proof of citizenship when they register to vote with a federal registration form.

Issued Monday by the U.S. Election Assistance Commission, the ruling amounts to a potential loophole in Proposition 200, the voter-approved initiative that made Arizona the first state in the nation to require proof of citizenship for voter registration.

The ruling says "Arizona may not refuse to register individuals to vote in a federal election for failing to provide supplemental proof of citizenship," as required under Prop. 200.

In a three-page letter to Secretary of State Jan Brewer, the commission's executive director wrote that imposing additional citizenship requirements on anyone using a federal registration form could result in a loss of voting rights.

"No state may condition acceptance of the federal form upon receipt of additional proof" of citizenship, wrote Thomas R. Wilkey.

Brewer ¡ª whose office asked the commission for its opinion in December ¡ª called the ruling "outlandish" and has asked for a review by Attorney General Terry Goddard.

"I certainly have concerns about this," she said. "I don't believe they're correct."

Prop. 200 was approved overwhelmingly by Arizona voters in November 2004 and survived numerous legal challenges before it passed muster with the U.S. Department of Justice in January 2005.

The proposition requires county election officials to reject any voter registration form that is not accompanied by "satisfactory evidence of United States citizenship," such as a birth certificate, passport, tribal ID card or an Arizona driver's license issued after Oct. 1, 1996, when proof of legal residency for licenses became necessary.

It also requires voters to show a photo ID or two other forms of identification, such as a utility bill or bank statement, to get a ballot.

The federal registration form, which was created and is regulated by the commission, requires only that a voter attest to being a citizen. They are available on the commission's Web site, www.eac.gov.

Because states must accept the federal form, Pima County Registrar of Voters Chris Roads said the divergent requirements could create "an interesting scenario" on Election Day: A voter who registers with a federal form could be allowed to cast a ballot in a federal race, such as president or Congress, but not in a state or local race.

But, Roads added, very few voters register with a federal form. Between November 2002 and November 2004, the county processed 338,574 registration forms and only 3,579, or just about 1 percent, were federal. "It's not a big loophole," he said.

Whether it will become one, however, is unclear. Randy Pullen, chairman of the Yes on 200 Committee, said he is not too worried.

"I'm pretty confident that if the Department of Justice has cleared it, there is no issue," he said.

Andrea Esquer, spokeswoman for the Attorney General's Office, said late Friday that the matter is still under review but Prop. 200 will be enforced.

¡ñ Contact reporter C.J. Karamargin at 909-8482 or at ckaramargin@azstarnet.com.

Yet. This gubmint drone just opened the floodgates.

Where in the Hell does this piss-ant federal agency feels it has the right to unilaterally re-write the Constitution? Let's review absolutely everything that the Constitution says about elections:

Article I, Section 2, refering to the election of House Representatives - "...(T)he Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature."
Article II, Section 1, a portion of which refering to the electors for President (i.e. the Electoral College) - "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
"The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves....
"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
Amendment XII, a portion of which modifies how the Electoral College operates - "The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves...."
Amendment XIV, Section 2 - "But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime...." (emphasis added)
Amendment XV, Section 1 - "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." (emphasis added)
Amendment XVII, Section 1, refering to the election of Senators - "The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures."
Amendment XIX - "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." (emphasis added)
Amendment XXIV, Section 1 - The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. (emphasis added)
Amendment XXVI, Section 1 - "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age." (emphasis added)

Arizona is well within its rights to ensure that only citizens vote. Beyond mandating that electors for House and Senate elections have the same qualifications as those for the most-numerous branch of a state's legislature, each section of the Constitution (or more properly, Amendments to the Constitution) that deals with specifically limits Constitutional intrusion on a state's right and thus Constitutional protection to citizens of the United States.

Who the hell is this commission? What are their credentials?

Here you go:

About the U.S. Election Assistance Commission

The U.S. Election Assistance Commission (EAC) was established by the Help America Vote Act of 2002 (HAVA). Central to its role, the Commission serves as a national clearinghouse and resource for information and review of procedures with respect to the administration of Federal elections. According to the text of HAVA, the law was enacted to,
… establish a program to provide funds to States to replace punch card voting systems, to establish the Election Assistance Commission to assist in the administration of Federal elections and to otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum election administration standards for States and units of local government with responsibility for the administration of Federal elections, and for other purposes. [snip]

The Help America Vote Act (HAVA) of 2002

On October 29, 2002, President Bush signed the "Help America Vote Act of 2002," (HAVA), Pub. L. No. 107-252, 116 Stat. 1666 (2002) into law. The HAVA is codified at 42 U.S.C. 15301 to 15545.
The legislation aims to improve the administration of elections in the United States, primarily through three means:

creating a new federal agency to serve as a clearinghouse for election administration information;
providing funds to states to improve election administration and replace outdated voting systems; and
creating minimum standards for states to follow in several key areas of election administration.
[snip]

I don't personally see that this Federal commission has any jurisdiction here.

It's a little confusing. Article I, Section 4 says the Congress can regulate the Times, Places and Manner of Congressional elections. I suppose one could argue that registration falls under the "Manner" part.

However, Section 2 of Article I says that the Electors [of Representatives] in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature which really sounds likes it's up to the states to decide this matter.

But then there is the later Equal Protection guarantee and how can there be equal access to the most fundamental right to vote if every state makes its own regulations?

But then again, the very next section of that amendment clearly envisions that states are expected to have their own criteria for voting for federal offices.

OK, it's not a little confusing, it's very confusing.

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