[EL] EAC

[Rick Hasen]

    Woah: Lone Democratic EAC Commissioner Rejects EAC Capitulation to
    SOS Kobach <http://electionlawblog.org/?p=79529>

Posted onFebruary 2, 2016 1:09 pm 
<http://electionlawblog.org/?p=79529>byRick Hasen 
<http://electionlawblog.org/?author=3>

Following up onthis post <http://electionlawblog.org/?p=79487>, the lone 
Democratic-appointed EAC Commissioner has issuedthis statement: 
<http://www.eac.gov/assets/1/Documents/Statement%20by%20Commissioner%20Hicks%20NVRA%20Form%20%282-2-16%29.pdf>

    The Executive Director of the United States Election Assistance
    Commission (EAC) issued letters to the states of Kansas, Georgia,
    and Alabama granting the states’ request to amend the state
    instructions to the federal voter registration form, a decision that
    contradicts policy and precedent previously established by this
    Commission. The Executive Director unilaterally moved to alter the
    federal voter registration form to reflect those states’ proof of
    citizenship requirements though a proposed change to the form beyond
    a simple change of election office address or phone number. Any
    material change to the form should be at the guidance of the
    agency’s Commissioners following a notice and public comment period.
    In fact, the Commission’s vote in early spring affirmed that agency
    staff does not have the authority to make policy decisions and
    further clarifying the role of the Executive Director in its
    Organizational Management Policy Statement by stating that the
    Executive Director in consultation with the Commissioners, may only
    “(1) prepare policy recommendations for commissioners approval, (2)
    implement policies once made, and (3) take responsibility for
    administrative matters.” The Commission has addressed this matter
    several times over the last decade and voted to decline requests to
    add conflicting language to the federal voter registration form. As
    such, I believe that this decision constitutes a change of policy,
    which can only be made following official adoption by at least three
    Commissioners. Therefore, I ask that the letters be withdrawn. I
    will also ask that the Commission review this matter in a public
    forum to consider the acceptance or reject of the instructions.

This will be a major test of the newly-reconstituted EAC

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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