[EL] Sleeper Case of the Year

[Doug Hess]

If the statement by Marty earlier is correct, that the AZ registration form
"case doesn't involve a disagreement about qualifications -- only about the
requisite means of establishing one of them," then I would think the intent
of the NVRA should be kept in mind (of course, I don't know if legal
traditions/doctrine allow or require that it be kept in mind in this
particular case).

Specifically, the NVRA was passed, in part, because election administration
("procedures") can have discriminatory effects on who can vote for federal
offices. I.e., the way the rules of the game are  implemented is as
important as the rules. See below for the Findings section of the NVRA; I
assume Congress separated out "laws" and "procedures" for a reason.

Earlier somebody (Mark?) listed the four purposes of the NVRA found in the
Act. Presumably, those purposes are to address the problems, rights, and
duties mentioned in the findings. In management wonk-speak, the "purposes"
are the more immediate policy "outputs," and the "findings" are the
higher-level policy "outcomes." Again, the devil or God of both is in the
(implementation) details. The NVRA could have been even more detailed than
it was, but it is plenty detailed in many places, and it seems clear that
the NVRA's authors thought they were limiting what other requirements for
completion the mail-in registration form could be saddled with.

Anyway, I don't profess to understand the mysterious ways of our nation's
courts, so none of this may be as important as I think. (Considering that
the existence of discrimination may be in doubt for at least a few of
the Supremes, it may not matter!)

Sec. 1973gg FINDINGS AND PURPOSES

(a) Findings

The Congress finds that -

(1) the right of citizens of the United States to vote is a fundamental
right;

(2) it is the duty of the Federal, State, and local governments to promote
the exercise of that right; and

(3) *discriminatory and unfair registration laws and procedures* can have a
direct and damaging effect on voter participation in elections for Federal
office *and disproportionately harm voter participation by various groups*,
including racial minorities.


From: http://www.fvap.gov/resources/media/nvralaw.pdf   (emphasis mine, of
course)
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