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Can States Require Proof of Citizenship for Voting?
PJ Media ^ | April 1, 2014 | Bryan Preston

Posted on 04/01/2014 6:18:00 PM PDT by jazusamo

In 2011, Kansas passed the SAFE Act — Safe and Fair Elections — which requires voter ID, proof of citizenship and signature verification. In other words, it’s designed to make sure that all votes cast in Kansas are cast legally by the person identified as the voter. The law was to go into effect January 1, 2013. But the Obama administration stood in the way.

At issue are the forms states use to register voters for federal elections. Kansas and Arizona require proof of citizenship, while the federal government’s form — incredibly — does not. The federal government attempted to force Kansas to use its federal voter registration form. A lawsuit ensued, and Kansas (along with Arizona) won in federal court last month. The outcome affirms the right of states to set requirements for voting within their territory. The Supreme Court upheld an Indiana law requiring voter ID in 2008.

Critics claim that the citizenship requirement is discriminatory, but Senior Legal Fellow of the Heritage Foundation, Hans von Spakovsky, who studies the impact of election integrity laws on elections and called that charge “silly,” noting that it’s a felony for non-citizens to vote in US federal elections. Therefore, verifying citizenship is just a matter of enforcing existing election law.

Von Spakovsky made his comments Tuesday evening on a conference call organized by True the Vote. The Houston, Texas-based organization is a grass-roots group dedicated to improving the security and integrity of elections across the United States. Its president and founder, Catherine Engelbrecht, moderated the conference call.

Von Spakovsky noted that the court found that the federal government acted well outside its legal powers, when it fought against requiring proof of citizenship and tried to force Kansas to change its own voter registration forms.

Should other states adopt citizenship requirements? Kansas Secretary of State Kris Kobach, architect of the SAFE Act, says that the federal ruling certainly opens the door. Kobach said states that currently have photo ID laws are likely to follow and require citizenship. There are currently about 11 states that require voters produce photo ID when voting. Kobach also noted that court ruled that the federal government simply lacks the power to force states to use the federal voter registration form, despite its assertion of that power against Kansas’ SAFE Act. The states, said Kobach, have the power to both set and enforce their voter registration standards, within the bounds of federal requirements.

The judge ruled that “The [National Voting Rights Act] does not empower the federal government to second-guess the states” on voter registration, Kobach said. The Kansas law spells out proof of citizenship, and even allows voters to supply their proof later if they fail to bring it with them when they register to vote.

Critics also charge that requiring voter ID “suppresses” votes. Von Spakovsky shot that down. “I went into states that have passed photo ID requirements and took at look at what happened with the turnout” after those laws went into effect. He noted that Tennessee has passed photo ID, and in 2012, the first election held with photo ID in place, the black vote surged. Spakovsky also brought up Texas, which is currently under federal lawsuit over its voter ID law. He found that in Texas’ 2013 constitutional amendment election, turnout went up across the board compared to 2011′s constitutional amendment election, and dramatically in predominantly minority areas. His finding lines up with my own study of voter ID’s impact in the Lone Star State. Yet critics continue to claim, against hard evidence, that voter ID suppresses votes.

“It’s almost as if the facts don’t matter” to the critics, von Spakovsky quipped.

Kobach noted that he has been subjected to protests, including a group of illegal alien appearing at his family home to oppose the SAFE Act, but that has not deterred him and will not.

“If we can’t have fair and free elections, how can we have any faith in the system?” he asked rhetorically. He noted that despite claims by critics that election fraud does not exist, as Kansas secretary of state he has seen cases in which illegal aliens attempted to register to vote in the state, either because they applied or someone filled out a registration form on their behalf. He also noted a Kansas City, MO case in 2010 in which Somali nationals were seen lining up and voting, under coaching from a leader, for a specific candidate in a Democratic primary for a safe Democratic seat.

“That was a case of an election being stolen,” Kobach said. He also noted several additional cases, in several states, in which non-citizens were registered, coached and used to swing local elections. “They may not even know that they are breaking the law,” Kobach said, noting that those who register them and coach are aware that what they are doing is illegal. “When I hear stories like that, I know I’m doing the right thing,” he concluded.

“It’s fundamental to the operation of our republic” that our election integrity is maintained and improved, added True the Vote president Catherine Engelbrecht.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events; Politics/Elections; US: Arizona; US: Kansas; US: Texas
KEYWORDS: aliens; arizona; catherineengelbrecht; citizenship; electionfraud; hansvonspakovsky; houston; kansas; kriskobach; safeact; texas; truethevote; vonspakovsky; votefraud; voterfraud; voterid; voterregistration
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To: Ruy Dias de Bivar

Good one...Sadly that’s probably the case in many places.


21 posted on 04/01/2014 7:34:57 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Why would we want to allow the law to be enforced? If you did that, we might have to enforce other laws.


22 posted on 04/01/2014 7:43:23 PM PDT by TBP (Obama lies, Granny dies.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...

Thanks jazusamo.


23 posted on 04/02/2014 5:42:32 AM PDT by SunkenCiv (Obama is now making Jimmy Carter look like Attila the Hun. /focus/news/3138768/posts)
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To: jazusamo
The only reason for opposing voter ID is that it makes election stealing a bit more difficult for the Democrats.
Period.
(And that's NOT an Obama "period.")

24 posted on 04/02/2014 5:44:06 AM PDT by Amagi (Lenin: "Socialized Medicine is the Keystone to the Arch of the Socialist State.")
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To: Amagi

True that.


25 posted on 04/02/2014 8:15:44 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: cripplecreek; SunkenCiv; madison10; Darren McCarty; jenk; MichCapCon; PGalt; stayathomemom; ...
So far we aren't required to show proof but we do have to sign the affidavit which is effectively an admission of guilt if caught.

Not sure if giving a false "Yes" to the citizenship question constitutes perjury under Michigan law. Has anyone ever been prosecuted for that? Note that the registrant does NOT sign that form specifically under penalty of perjury.

26 posted on 04/02/2014 9:56:12 AM PDT by justiceseeker93
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To: jazusamo; cripplecreek; patriot08; smoothsailing; LucyT; jenk; MichCapCon; ml/nj; ExTexasRedhead; ..
Excellent article on the requirement for voting registrants to show proof of US citizenship.

Thank you so very much, Kris Kobach, Hans Von Spakovsky, and Catherine Engelbrecht - all quoted in the article - for their staunch support of this requirement. They and others advocating for the cause are true patriots!

Note that the proof citizenship requirement is separate and apart from the photo ID requirement, though the two complement each other very well in enhancing the integrity of the election procedure. Only cheaters and fraudsters - almost all on the political left - have any reason to oppose either safeguard.

27 posted on 04/02/2014 12:03:25 PM PDT by justiceseeker93
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To: justiceseeker93

Thanks for the ping.

In Texas, we already have to show ID to vote...thank you TX State Legislature and AG Abbott. Adding a citizenship requirement would be spectacular.

God bless and keep those who are fighting in the trenches for this.


28 posted on 04/02/2014 12:50:25 PM PDT by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: Jane Long
In Texas, we already have to show ID to vote...

That's a good reason why the 'Rats are so frustrated in their efforts to change Texas from red to blue with their demographic machinations. I'm sure they are really pissed off because they completely controlled the state for over a hundred years (as they did just about the entire Old Confederacy).

29 posted on 04/02/2014 1:05:43 PM PDT by justiceseeker93
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To: justiceseeker93

Why don’t the states just make a law requiring every person in the state to have a state issued photo ID, which includes their citizenship status? If they had a law such as that, then it shouldn’t be a problem to enforce a voter ID law.


30 posted on 04/02/2014 1:57:14 PM PDT by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Jane Long

In Wisconsin, weve had a law requiring us to show ID for several years now, but a judge says that they are not allowed to enforce it.


31 posted on 04/02/2014 1:59:25 PM PDT by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer
I am SO sick of these liberal judges going against the will of We the People. Enough is enough.
32 posted on 04/02/2014 2:13:54 PM PDT by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: justiceseeker93

This is all just a ploy to require photos and proof of citizenship on food stamp cards, so that only the listed recipients can receive the benefits, and they’ll have to be citizens or legal residents. That way, illegal aliens and poor people and their puppy dogs will starve! They’re only trying to exercise the rights that the founding fathers fought and died for, to vote! And thanks to not having photo ID and citizenship requirements, in several states many of the founding fathers still are voting, along with Aldous Huxley, William F. Buckley Jr. (now he’s a Democrat), Joe deMaggio and Buggs Bunny. Even Popeye and Bluto are now voting Democrat early and often, putting aside old enmities to have threesomes with Olive Oyle, and Tea Baggers want to stop all that with their insidious citizenship requirements! WAAAAAAH!


33 posted on 04/03/2014 3:08:50 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: justiceseeker93
Kansas also requires proof of citizenship or legal residence for a drivers license. When I moved here, I was told that simply turning in my MO license wasn't enough. I had to show a certified birth certificate, valid passport, or proof of legal residence for non-citizens, which is why a drivers license isn't enough to vote. to get a drivers license.

That's one reason that proof of citizenship is required to vote in KS.

Mark

34 posted on 04/04/2014 7:20:17 PM PDT by MarkL (Do I really look like a guy with a plan?)
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