Kobach et. al. v United States Election Assistance Commission

Seeking to protect the rights of eligible voters in Arizona and Kansas, Project Vote moved to intervene in the case of Kris W. Kobach et al. v. United States Election Assistance Commission on November 13, 2013. The states of Arizona and Kansas want to change the national voter registration form’s instructions to require that applicants in those states provide proof-of-citizenship documents in order to register to vote.

This lawsuit, which Arizona and Kansas officials filed against the U.S. Election Assistance Commission in August 2013, follows the U.S. Supreme Court’s ruling last summer in Arizona v. Inter Tribal Council of Arizona, Inc. In June 2013, the Court found that Arizona cannot require documentary proof of citizenship to be submitted with the federal voter registration form, because states are required to accept and use the form under the National Voter Registration Act. Project Vote participated in the litigation culminating in the Supreme Court case. On November 13, 2013, Project Vote sought to enter this new case and continues its fight against these harmful requirements.

In March 2014, a U.S. District Judge in Kansas ruled that the EAC had to fulfill the request from Kansas and Arizona. The EAC and a number of voting rights groups—including Project Vote, the League of Women Voters, Common Cause, and others—filed to appeal, but the district judge refused to stay his order pending the outcome.

In May 2014, the U.S. Court of Appeals for the Tenth Circuit overruled the previous judge on the stay. Kansas and Arizona appealed the decision to the U.S. Supreme Court, which declined to review the case.

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Legislative Threats and Opportunities Update

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With this new wave of hostility toward the democratic process, we can expect to see fewer viable legislative efforts to modernize election administration, and more egregious efforts to block the vote. Read more

Proof of Citizenship Action Illegal, Federal Suit Says

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Project Vote and colleagues filed suit against Brian Newby, Executive Director of the EAC, for illegal proof-of-citizenship action. Read more

Just When You Thought It Was Safe to Vote in Kansas…

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Sometimes, defending voting rights feels like playing Whac-a-Mole. You smack down a threat here, and it rears its ugly head over there. Read more

Supreme Court Declines to Review Proof-of-Citizenship Case

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Lawsuit brought by Arizona and Kansas to force changes in the federal voter registration form reaches the end of the road. Read more

Time for Bipartisanship on Voting Rights

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When the Tenth Circuit Court of Appeals last week rejected the claims of Arizona and Kansas that their states’ voter... Read more

Victory in Proof-of-Citizenship Case

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In a major victory for voting rights, today the U.S. Court of Appeals overturned an earlier decision in Kobach v.... Read more

Appeals Court Overturns March Ruling in Kobach v. EAC

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In a major victory for voting rights, the U.S. Court of Appeals for the Tenth Circuit has unanimously ruled that Arizona and Kansas cannot force the Election Assistance Commission to alter the federal voter registration form to require documentary proof-of-citizenship. Read more

Appeals court overturns state’s proof-of-citizenship requirements on federal voting forms

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A federal appeals court has ruled that Kansas cannot require proof-of-citizenship documents from prospective voters who register using a federal voter-registration form… Read more

US Court of Appeals Issues Stay in Proof-of-Citizenship Case

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Good news today in the fight over proof-of-citizenship requirements. The U.S. Court of Appeals for the Tenth Circuit has issued... Read more