Now, the case will go back to the district court.
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A USA elections agency must remove a proof-of-citizenship requirement from a federal form used by people in Kansas, Alabama and Georgia to register to vote for November’s election, a federal appeals court panel in Washington ordered late Friday, reversing a lower court.
Prior to the January order, Kobach took the position that federal form registrants, who had not provided proof of citizenship, could vote in federal elections only.
The decision effectively strikes down a rule that requires voters in the three states to provide proof they are United States citizens. But the appeals court said the voting rights groups are likely to succeed on the merits.
Kansas, Alabama and Georgia, like some other Republican-controlled states, have moved to tighten voter identification rules ahead of the November 8 elections.
And as Pam reported, Newby (who is from Kansas) weighed in on the requirement after a major battle was already playing out in the state.
Seven percent of Americans do not have proof of USA citizenship such as a birth certificate, according to the Brennan Center for Justice at New York University School of Law.
Opponents said Newby had no authority to take the action on his own.
But that is not required under US law, one reason the Justice Department is not defending Newby in lawsuits against his actions.
The decision, which reverses a lower court ruling, is the latest legal setback for Secretary of State Kris Kobach, who championed the proof of citizenship policy, which is being challenged in several lawsuits at both the state and federal level. Forms submitted since the requirement was introduced in January “should be treated as if they did not contain the now-stricken state-specific instructions”, it says.
The EAC was created in 2002 to help avoid a repeat of the disputed 2000 presidential election between George W. Bush and Al Gore following ballot confusion in Florida.
Kobach had argued against the injunction in court on the state’s behalf.
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After Newby took office, he suddenly (and without commission approval) did something Kobach supports.
