Skip to comments.Power play: Federal ruling forbids states from checking votersí citizenship
Posted on 01/18/2014 9:41:19 AM PST by jazusamo
A federal commission rejected three states requests to ask voters for proof of citizenship, issuing a complex decision Friday that said its up to the national government, not the states, to decide what to include on registration forms.
Under the motor-voter law, federal officials distribute voter-registration forms in all of the states. Arizona, Kansas and Georgia all asked that those forms request proof of citizenship, but the federal Election Assistance Commission rejected that in a 46-page ruling.
The EAC said states can check drivers license databases or ask federal immigration authorities for information, but they cannot tell the federal government what to include on federal forms.
The EAC finds that granting the States requests would likely hinder eligible citizens from registering to vote in federal elections, undermining a core purpose of the NVRA, the commission said in its ruling, referring to the National Voter Registration Act, or motor-voter law.
The EACs decision is almost certain to end up back before the federal courts and could go all the way to the Supreme Court.
Indeed, the states request to the EAC was in part spurred by a Supreme Court ruling last year. In that case, the justices said Arizona couldnt refuse to accept the federal registration forms.
But Justice Antonin Scalia also specifically said Arizona could ask the EAC to include the request on forms distributed in that state, and said if the EAC refused, the state could come back to the courts.
Fridays decision is the latest skirmish in the push for voter identification and proof of citizenship as some states seek to crack down on what they fear is fraudulent registration and, in some cases, fraudulent voting.
(Excerpt) Read more at washingtontimes.com ...
The States should tell the Federal Judges to go to hell and check for citizenship anyway.
But the conspirators know this will not be resolved in time for the next election cycle. Once illegals have already been registered, they will not have to qualify again.
The democrat controlled federal government is at war against the US citizen.
We need this.
When it has been shown that 23 year-olds can present themselves as 80 year-olds, as a thread showed last week, and be accepted by poll workers without question, then I’m doubtful than even photo I.D. is going to do much. “Yeah, two eyes a nose and a mouth, that’s you.”
Let’s hope this decision is brought back to the courts promptly as Justice Scalia said could be done. Unfortunately the courts are so packed with progressives, the Obama federal government apparatchiks and cooperating federal judges will likely be able to slow the appeals process to a snail’s pace.
It’s very clear now that many federal government officials in the Obama administration and in the civil service are now actively enemies of the American citizens.
Exactly, the Rat takeover hit the ground running on Jan 20, 2009 with their criminal administration.
It is the same in Europe. This is bigger than just our gubmint.
Democrats have bitten off far more cheese than they can chew this time around.
A couple more years of this junk and Obama’s own fans will massively sit out the elections.
I never have understood why one Federal judge has the power to negate the duly passed legislation of a state. Balance of powers implies that the Supreme Court is supposed to balance the legislatures.
One whacko judge with a 5 minute ruling can exercise more power than an entire state legislature which has often spent months (or more) working a bill through committees and the two houses, plus getting the whole thing signed by the governor.
Talk about tin-pot dictators! If a Federal judge has a problem with a state law, he/she/it should take it up with the Supreme Court.
Someone please enlighten me as to how this is constitutional let alone logical?
Judges should not have this kind of power, this is insane
No need for them to vote. By then Obama will be King (Emperor? Big Kahuna? He-Who-Must-Not-Be-Questioned?)
Just go ahead and require proof of citizenship. The administration are criminals; treat them as such.
I think he’ll be happy to go on his way. The government is not the big cream pie he envisioned, lavish vacations notwithstanding. Actually if he made the entire rest of his term a vacation in Hawaii I wouldn’t complain too much. Money has been spent on worse things.
You may be right, there’s already many of his fans really ticked over 0bamacare and there’ll be a lot more from all his other corrupt capers.
Here is the 2013 Sup Ct holding striking down the AZ law requiring proof of US citizenship for those seeking to vote in fed election.
I've been saying this for years.
There is wealth in America and a wealthy man could hire people and start building a pipeline anyway.
A wealthy man could hire the people and construct refineries anyway ...
You get the picture.
The states can check and note this...for state elections...which worries some that there will eventually be two listings in every state....the pure and simple state-voters, and the complicated-accept-all federal list. It would take two or three federal elections for someone to note a ten to twenty percent difference....and that there’s some serious mess brewing here.
The Supremes can’t do much for state elections....each state can run their own method...determine their own day for voting...and arrange registration their own way. Once you say federal election...then all bets are off.
The *central committee* rejected three states requests to ask voters for proof of citizenship.
Amen to that.
To begin with, the federal government has only those powers to protect voters which the states have expressly delegated to the feds via the Constitution. Such powers are evidenced by the 15th, 19th, 24th and 26th Amendments which expressly grant the feds the power to protect voters on the basis of race, sex, tax status and age respectively. Otherwise, the feds have no constitutional basis to prevent the states from prohibiting eligible citizens from voting on the basis of not being able to prove citizenship, or not being able to show valid photo ID for that matter.
Next, I don't understand why the states are asking the Election Assistance Commission for permission to do anything. More specifically, the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, to clarify that all federal legislative powers are vested in the elected members of Congress, not in so-called "independent federal regulatory agencies" which the Election Assistance Agency appears to be. So Congress has a constitutional monopoly on federal legislative / regulatory powers whether it wants it or not imo. And by delegating federal regulatory powers to unelected federal bureaucrats like those running the EAC, corrupt Congress is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the previously referenced statutes imo.
Again, why are the states asking the Election Assistance Commission for permission to do anything since the states have granted the feds the specific powers to police voting only on the criteria of race, sex, tax status and age?
“The States should tell the Federal Judges to go to hell and check for citizenship anyway.”
Yep. A couple of states are ignoring federal drug laws, apparently without repercussion. Why not ignore some more federal laws/rules?
The states are just puppets of the fed. Not how the Constitution saw it.
Absolutely...I feel the same about voter pamphlets being printed in any language other than English.
What federal elections?
States and the people in those states hold elections.
Even the election for president is actually a vote for State representatives to the electoral college (a State office).
There is no popular vote for a federal government official. Congress is at worst a 50/50 state federal hybrid, but even that is debatable.
This issue should be controlled by the States.
states run their own elections. they have to ensure the integrity of their own elections.
“The States should tell the Federal Judges to go to hell and check for citizenship anyway”
Finally a kindred soul. Federal judges have no jurisdiction over a sovereign state. States that acquiese are just begging for more rulings. GA had to go to court two times to get our voter ID law validated. I thought we should have just instituted it and told the courts to pack snad.
It is the same for the federal buildings I go in to. Each and every one of them requires a photo ID.
The US Government is ten times worse than George III ever dreamed of being. The sacrifices of the Founders and their followers were in vain. One tyrant was traded out for an even greater tyrant. Sad.
They may be ticked off but will probably continue to vote for the Democrat that promises them the most stuff.
It’s about time for a few States to start ignoring SCOTUS decisions. What is Roberts going to do, send troops?
So yes, the president will send in troops.
Obama ain’t Eisenhower.
Yes, they do. Here is Article VI of the United States Constitution, often referred to as the Supremacy Clause.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Federal judges don't often get involved in state law issues unless the state law contravenes the Constitution or federal law. This isn't new, but has been going on since the Founding.
It doesn’t matter. The precedent was set early in our history, and no president will let a state get away with overt defiance of federal authority. You can take that to the bank. Ask the people who thought they could defy Lincoln and get away with it.
Only the SCOTUS has jurisdiction when the United States (DOJ) files suit agains’t a state.
When these Federal judges jump in and try to stay voting laws or immigration laws from being put into action until it is heard by the Supremes they are out of their jurisdiction. Over time the states have allowed themselves to be buffaloed. Everything has gotten murky. States must re-establish their sovereignty.
Even after the SCOTUS ruled that the voter ID law was constitutional the DOJ still tried to block GA from instituting it with yet another suit. Our gov should have just said no and gone ahead with it. Jan Brewer should have done the same thing in AZ over their immigration law.
What these Governors need to do is start telling these liberal activist Federal judges “see you at the Supremes.”
We need an ID to buy a gun.
Shouldn’t we need one to routinely vote for regulatory (Gov’t) force?
It is a well established FACT that without massive VOTER FRAUD, the RAT Party would cease to be a factor on the national political stage.
Hence, the RAT Party will do anything to preserve and encourage VOTER FRAUD. It is their life blood.
The typical Obama Voter will let nothing keep them from being able to Vote for their free goodies. Not even the highest fence around the cemetery will keep them from the polls.
What Constitutional Rights?
Obama has been pissing all over our Constitution from Day One and what has Congress or anybody else done to stop him?
If the Constitution can be completely ignored without repercussion, then we have NO Constitution.
First he Federalized the Arkansas National Guard, which limited the States powers, to resist.
Voter fraud is a major crime
All those aiding and abetting ought to be incarcerated
Its what happens when you lose a civil war
States could disenfranchise food stamp and WIC recipients too, just like felons
All it takes is some Governors with stones
I saw a news video a couple of years ago, with Ayres & Dohrn in Beirut. This was before the events of Egypt. They were talking about having a Presidential vote without borders.