[EL] will today's decision revive the EAC?

[Richard Winger]

It seems to me Arizona couldn't win a court case to force the EAC staff let Arizona amend the federal form that is used inside Arizona, without proving to the court that there is a real, genuine need for the Arizona questions.

If Arizona can do anything it wants, it could theoretically require voters using the federal form to attach a certified copy of a birth certificate or a certificate of naturalization.  Even Arizona doesn't seem to want that much documentation.  If Arizona could do anything it wants, it might say it is worried that under-age individuals are registering to vote, and therefore it needs to see every applicant's birth certificate.  If it doesn't want ex-felons to register, theoretically it could even demand that the applicant produce a report from law enforcement agencies testifying that the applicant has no record of a felony conviction.  There surely are limits.

Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147

--- On Mon, 6/17/13, Marty Lederman <lederman.marty at gmail.com> wrote:

From: Marty Lederman <lederman.marty at gmail.com>
Subject: Re: [EL] will today's decisoin revive the EAC?
To: "Rick Hasen" <rhasen at law.uci.edu>
Cc: richardwinger at yahoo.com, law-election at uci.edu
Date: Monday, June 17, 2013, 2:45 PM

"the
    court will simply order EAC employees to accommodate Arizona on the
    federal form'

or, as the footnote suggests, if the court can't mandamus the EAC employees, it might simply declare that Arizona can deny registration absent further proof of citizenship, Federal Form notwithstanding. 



On Mon, Jun 17, 2013 at 5:40 PM, Rick Hasen <rhasen at law.uci.edu> wrote:



  
    
  
  
    I don't see that Richard.  That would just delay things in the
    Arizona case.  Now Arizona can go to court and demand that the EAC
    act.  When it can't because of the lack of a quorum to act, the
    court will simply order EAC employees to accommodate Arizona on the
    federal form. 

    

    More broadly, the Republicans I've spoken who oppose the EAC see it
    as a failed agency that does the bidding of Democrats.  So why
    revive it for a single case?

    

    

    On 6/17/13 2:37 PM, Richard Winger
      wrote:

    
    
      
      
        
          
            Maybe Republicans in
              Congress will now want to see the EAC in operation?  I
              would expect at least Arizona's Republican members of
              Congress would favor that.

              

              Richard Winger

              415-922-9779

              PO Box 470296, San Francisco Ca 94147
          
        
      
      

      
      

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