[EL] US consents to preliminary injunction in EAC case

[Rick Hasen]

At the back of thedocument filed 
<http://www.politico.com/f/?id=00000153-09c8-de04-af73-cfcb7e040001> by 
the federal government is a declaration from Brian Newby which raises 
additional questions.

On 2/22/2016 9:13 AM, Rick Hasen wrote:
>
>
>     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.
>
> Share 
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80200&title=%26%238220%3BFeds%20back%20court%20ban%20on%20proof%20of%20citizenship%20for%20voter%20registration%26%238221%3B&description=>
> Posted inelection administration 
> <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
> 949.824.0495 - fax
> rhasen at law.uci.edu
> hhttp://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org

-- 
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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