[EL] US consents to preliminary injunction in EAC case

[Rick Hasen]

    Feds back court ban on proof of citizenship for voter registration”
    <http://electionlawblog.org/?p=80200>

Posted onFebruary 22, 2016 9:10 am 
<http://electionlawblog.org/?p=80200>byRick Hasen 
<http://electionlawblog.org/?author=3>

Josh Gerstein 
<http://www.politico.com/blogs/under-the-radar/2016/02/feds-back-court-ban-on-proof-of-citizenship-for-voter-registration-219618>:

    In an unusual move, the Obama Administration is backing the issuance
    of a court injunction blocking a federal official’s decision to
    approve new voter registration forms that allow three states to
    insist that voters provide copies of documents proving their U.S.
    citizenship.

    Inlegal papers filed Monday morning
    <http://www.politico.com/f/?id=00000153-09c8-de04-af73-cfcb7e040001>, the
    Justice Department urged U.S. District Court Judge Richard Leon to
    grant a preliminary injunction sought by the League of Women Voters
    aimed at preventing Kansas, Alabama and Georgia from using so-called
    “motor voter” forms that require proof of citizenship.

The unusual filing (in which adefendant consents 
<https://twitter.com/joshgerstein/status/701815856104345601>to 
preliminary injunction against it) begins:

    The United States consents to plaintiffs’ request for entry of a
    preliminary injunction. On January 29, 2016, the Executive Director
    of the U.S. Election Assistance Commission (“Commission”) approved
    the requests of three states—Alabama, Georgia, and Kansas—to modify
    their state-specific instructions on the National Mail Voter
    Registration Form (“Federal Form”). However, in deciding to include
    the states’ documentary proof of citizenship requirements on the
    Federal Form, the Executive Director did not make the determination
    that this information was “necessary to enable the appropriate State
    election official to assess the eligibility of the applicant and to
    administer voter registration and other parts of the election
    process.” 52 U.S.C. § 20508. Because the National Voter Registration
    Act permits only information satisfying this “necessity” requirement
    to be included on the Federal Form, the Executive Director’s
    decisions are not consistent with the statute. While plaintiffs have
    made a number of other arguments, the Court need not reach them in
    order to issue an injunction. The United States requests that the
    decisions be enjoined on this narrow ground.

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<http://electionlawblog.org/?cat=18>,Election Assistance Commission 
<http://electionlawblog.org/?cat=34>,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
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hhttp://www.law.uci.edu/faculty/full-time/hasen/
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