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States seek right to ask new voters for proof of citizenship
Washington Times ^ | 1/19/2014 | Stephen Dinan

Posted on 01/19/2014 6:17:45 PM PST by markomalley

States are vowing to go to the courts for permission to ask newly registered voters to show proof of citizenship after a federal commission ruled late Friday that it’s up to the national government, not 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 released late Friday, just ahead of a court-imposed deadline.

The EAC said states can check driver’s 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.

But Kris Kobach, Kansas’ secretary of state, said the states will go back to the courts and said there’s already a motion in front of U.S. District Judge Eric F. Melgren in Kansas to hear the case. He’s the same judge who set the deadline for the EAC’s ruling on Friday.

Indeed, the legal back-and-forth was in part spurred by a Supreme Court ruling last year, when the justices said Arizona couldn’t refuse to accept the federal registration forms.

But Justice Antonin Scalia also specifically said states could ask the EAC to include the request on forms distributed in that state, and said if the EAC refused, the states could come back to the courts.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Extended News; Government; Politics/Elections
KEYWORDS: 10thamendment; statesrights

1 posted on 01/19/2014 6:17:45 PM PST by markomalley
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To: markomalley

courts have given themselves far too much power lately


2 posted on 01/19/2014 6:19:38 PM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: markomalley

So, it remains legal for illegals to vote?


3 posted on 01/19/2014 6:23:07 PM PST by umgud (2A can't survive dem majorities)
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To: markomalley

We had a citizenship checkbox on our ballot applications for about 1 primary election.

I think its still there but doesn’t ask the question the same way and you’re signing an affidavit to the effect that you know the law and are voting legally.


4 posted on 01/19/2014 6:23:51 PM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: markomalley

Little by little, our rulers are chipping away at ours and states’ rights.


5 posted on 01/19/2014 6:24:05 PM PST by Salvey
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To: markomalley

This is too insane for insanity.

Such a huge bleeping effort to MAKE ABSOLUTELY SURE no one gets asked for their ID before voting.


6 posted on 01/19/2014 6:28:18 PM PST by Yaelle
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To: umgud

Ever heard of the Motor Voter law?


7 posted on 01/19/2014 6:28:53 PM PST by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; me = independent conservative)
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To: markomalley

The only reason you do not check voter ID is to commit voter fraud. Period


8 posted on 01/19/2014 6:31:18 PM PST by SeminoleCounty (Amnesty And Not Ending ObamaCare Will Kill GOP In 2014)
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To: markomalley

Why in the hell is any state asking the feds for permission to do anything.


9 posted on 01/19/2014 6:34:18 PM PST by DeWalt (Times are more like they used to be than they are today.)
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To: markomalley
Last year I went to Town Hall to cast an absentee ballot in our special Senatorial election (it's Massachusetts so yes,the Marxist won).While there I asked the town clerk if they ever asked for ID before handing out an absentee ballot."Oh no",was her stunned reply,"that's against state law".I then asked her if proof of citizenship was required to *register* to vote."No,that too is against state law" was the reply.

I'm deeply ashamed and embarrassed by how far the land of my birth has fallen.

10 posted on 01/19/2014 6:35:14 PM PST by Gay State Conservative (Osama Obama Care: A Religion That Will Have You On Your Knees!)
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To: markomalley

Trying to kick the states in the balls.The states need to tell the fed “Go pound sand” and mean it.


11 posted on 01/19/2014 6:35:28 PM PST by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: markomalley

You need an ID to pick up your vacation mail at the P.O.

racist Federal post office........


12 posted on 01/19/2014 6:46:41 PM PST by 4Liberty (Mr President 'If you Like your college transcripts...can we see them?')
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To: DeWalt

That was my question ...


13 posted on 01/19/2014 6:59:58 PM PST by clamper1797 (Evil WILL flourish when good men WILL not act)
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To: cripplecreek

Just received a mailing from the so called “Conservative Republicans of Texas” providing me with an early application for ballot by mail. No mention of citizenship.

Steven F. Hotze, M.D. President of “Conservative Republicans of Texas” has not only endorsed John Cornyn but also Barry Smitherman for Attorney General. Smitherman approved a $13M contract to upgrade the Railroad Commission database with CGI, the company who is responsible for the Obamacare on-line mess. Have asked Smitherman why he would do such a thing but have had no response. Wasn’t going to vote for him or Cornyn anyway but Smitherman should certainly not be running for AG. Disappoints me that nobody in the Texas press anywhere has picked up on this.


14 posted on 01/19/2014 7:06:11 PM PST by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: Grams A
Just received a mailing from the so called “Conservative Republicans of Texas” providing me with an early application for ballot by mail. No mention of citizenship. Steven F. Hotze, M.D. President of “Conservative Republicans of Texas” has not only endorsed John Cornyn but also Barry Smitherman for Attorney General. Smitherman approved a $13M contract to upgrade the Railroad Commission database with CGI, the company who is responsible for the Obamacare on-line mess. Have asked Smitherman why he would do such a thing but have had no response. Wasn’t going to vote for him or Cornyn anyway but Smitherman should certainly not be running for AG. Disappoints me that nobody in the Texas press anywhere has picked up on this.

Thanks for posting this, Grams. I've been hearing lots of Hotze's ads on the radio. Perhaps my long felt suspicions about the station owner were correct, especially if Hotze is endorsing Cornyn. My vote for Tx Lt. Governor might need re-evaluation.

15 posted on 01/19/2014 7:58:58 PM PST by theymakemesick (Please join the corpse, please!)
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To: markomalley
Voter fraud is inexcusable. We are SO lucky in this country to have all the freedoms we have.
16 posted on 01/19/2014 8:48:01 PM PST by cloudmountain
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To: markomalley

States do not have rights. States have powers.


17 posted on 01/19/2014 8:50:07 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: markomalley

” - - - States are vowing to go to the courts for permission to ask newly registered voters to show proof of citizenship after a federal commission ruled late Friday that it’s up to the national government, not states, to decide what to include on registration forms. - - - - “

The wussification of State Attorney Generals and Governors continues - - - .


18 posted on 01/19/2014 9:02:53 PM PST by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: markomalley

A “federal commission” decided what should be on a “federal” ballot. Isn’t that special!


19 posted on 01/19/2014 9:12:18 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: theymakemesick

Suggest you take a look at Ken Paxton for AG. Smitherman siding with CGI who has been positively linked with Obama outweighs anything positive he would bring to the plate IMO. Also Paxton has been endorsed by Ted Cruz.

Haven’t made up my mind yet about Lt. Governor yet although I can guarantee you it won’t be Patterson who wants an increased guest worker program aka more illegals or David Dewhurst who definitely needs to be permanently retired. That leaves Patrick and Staples. Will be interesting to see who Michael Berry endorses.

Another troubling race is that for the Commissioner of the General Land Office where David Watts is running against George P. Bush. The Bush dynasty needs to end. With the U.N. threatening to take over the Alamo, this race is of critical importance. We need to keep the UN, One World Order and Agenda 21 out of Texas.


20 posted on 01/19/2014 10:25:54 PM PST by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: DeWalt; clamper1797; VerySadAmerican
At the constitutional convention, the delegates went round and round over the House of Reps elector qualifications. Some states had minimum land or wealth requirements, while a couple had near universal white male suffrage.

Anyway, the various state standards were too varied to reconcile into a single, nationwide standard. That's why Article I § 2 was written as: The House of Representatives shall be composed of members chosen every second year by the People of the several States, and the electors in each State shall have the Qualifications requisite for Electors of the most numerous branch of the State Legislature.

Outside of gender and race amendments to the constitution, I don't understand where the uniparty in DC has any legitimate power at all to determine voter qualifications.

21 posted on 01/20/2014 1:29:28 AM PST by Jacquerie (Article V.)
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To: markomalley
The EAC said states can check driver’s license databases or ask federal immigration authorities for information, but they cannot tell the federal government what to include on federal forms.

Part of the problem is that the States have become bigger versions of welfare babies and think they have to ask permission to exercise their Constitutional rights/responsibilities. If they can't get the Feds to put something on a form, they should add their own form and force the Feds to take action - not courts-orders, actual action...

22 posted on 01/20/2014 3:55:32 AM PST by trebb (Where in the the hell has my country gone?)
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To: trebb

I thought the “SC” already made it clear that states could NOT require proof of citizenship to vote.


23 posted on 01/20/2014 5:43:21 AM PST by DaveA37
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To: markomalley
Yeah, but get a concealed Handgun License to exercise your Second Amendment rights and the state still makes you give fingerprints, get intensive criminal and mental health background checks, requires you take special classes, charges you $120 for the paperwork, restricts how and where you can carry, demands you produce the permit if stopped by a police officer, and you are still at risk for felony prosecution in certain other states if you carry there.

Am I missing something here on our "civil rights" lesson...?

24 posted on 01/20/2014 7:10:26 AM PST by Gritty (Liberals think living your life free of welfare, EBT, and government nannies is "cheating"-J Hawkins)
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To: Grams A

Thanks for the word on Hotze the Nazi.


25 posted on 01/20/2014 10:18:11 AM PST by jimt (Fear is the darkroom where negatives are developed.)
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To: jimt

You’re welcome. If you hear anything one way or another on Patrick or Staples, please share. TNX and have a great week.


26 posted on 01/20/2014 11:07:27 AM PST by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: markomalley

go to the courts for permission

Permission? since when do states have to get permission from a court?


27 posted on 01/24/2014 3:50:30 AM PST by rfreedom4u (Your feelings don't trump my free speech!)
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