"The NVRA permits a State to request the EAC to include state specific instructions on the Federal Form, see 42 U. S. C. §1973gg–7(a)(2), and a State may challenge the EAC’s rejection of that request(or failure to act on it) in a suit under the Administrative Procedure Act. That alternative means of enforcing its constitutional power to determine voting qualifications remains open to Arizona here. Should the EAC reject or decline to act on a renewed request, Arizona would have the opportunity to establish in a reviewing court that a mere oath will not suffice to effectuate its citizenship requirement and that the EAC is therefore under a nondiscretionary duty to include Arizona’s concrete-evidence requirement on the Federal Form. Pp. 13–17.
677 F. 3d 383, affirmed.
SCALIA, J., delivered the opinion of the Court, in which ROBERTS, C. J., and GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined, and in which KENNEDY, J., joined in part. KENNEDY, J., filed an opinion concurring in part and concurring in the judgment. THOMAS, J., and ALITO, J., filed dissenting opinions."
Basically, Arizona must submit a request for Arizona-specific instructions. Then the EAC rejects/fails to act, Arizona can sue the EAC in federal court. Looks like the Supreme Court is inviting the suit so it can rule in Arizona's favor.
exactly!!!
I like your analysis... so skip my solution suggestion above and just go with this one.