Appeals Court Decides on Temporary Stay Over Proof-of-Citizenship Voting Requirement in Kansas and Arizona
A federal appeals court ruled Thursday that Arizona and Kansas residents can continue to register to vote for the time being without having to show proof of citizenship.
According to The Associated Press, the 10th Circuit Court of Appeals temporarily stayed a ruling from U.S. District Judge Eric Melgren that orders the U.S. Election Assistance Commission to change its federal voter registration form to add special instructions concerning the proof-of-citizenship requirements for Arizona and Kansas.
Circuit Judges Jerome Holmes and Carlos Lucero granted the stay Thursday that was sought by the commission and voting rights groups. The ruling came a day after Melgren rejected a similar request to suspend his ruling during the appeal. Melgren ordered the commission Wednesday to carry out his March 19 directive "without further delay."
The temporary stay is in effect until further notice from the court of appeals. The court gave Arizona and Kansas until Tuesday to respond to the commission's request to suspend the ruling during the appeal.
The commission also asked the court to consider the appeal of the decision on an expedited basis.
The EAC said in its filing that the ruling will cause "considerable uncertainty" for voters in Arizona and Kansas before the primaries in those states in August and before November's general midterm elections.
"The decision is likely to discourage some voters from registering for federal elections, particularly those who do not have ready access to a copy of their birth certificate or other qualifying documentation, and it will work a particular hardship on voter registration drives," the agency argued. "The harm to voter registration this election cycle cannot be remedied even if this court reverses."
The commission argued in its filing that the suspension of Melgren's decision during the appeal will not damage the states' voting processes because it maintains the electoral status quo.
Voting rights groups also sought a stay of the order, arguing that changing the form's requirement will be especially damaging because registration is currently being done for federal elections that will take place in November.
The groups, which included Mexican American Legal Defense and Project Vote, argued that the changes will make it difficult, if not impossible, to have registration drives to register new voters.
Other opponents of the modification to the forms argued that the documentation will cause a decrease in the registration of eligible citizens, which violates the National Voter Registration Act.
Conversely, some politicians in the states argue that the requirement ensures noncitizens aren't voting.
Arizona implemented its proof-of-citizenship requirement after it was approved by a voter initiative in 2004. Alabama, Georgia and Kansas also have similar laws.
While most voters in the states register with state forms, officials said the availability of the federal forms creates a loophole allowing for the proof-of-citizenship requirement.
Due to the new requirement, around 17,600 Kansans have their voter registrations on hold.