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To: NonValueAdded
(c) Arizona is correct that the Elections Clause empowers Congress to regulate how federal elections are held, but not who may vote in them. The latter is the province of the States. See U. S. Const., Art. I, §2, cl. 1; Amdt. 17. It would raise serious constitutional doubts if a federal statute precluded a State from obtaining the information necessary to enforce its voter qualifications. The NVRA can be read to avoid such a conflict, however. Section 1973gg–7(b)(1) permits the EAC to include on the Federal Form information “necessary to enable the appropriate State election official to assess the eligibility of the applicant.” That validly conferred discretionary executive authority is properly exercised (as the Government has proposed) to require the inclusion of Arizona’s concrete-evidence requirement if such evidence is necessary to enable Arizona to enforce its citizenship qualification.

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.

87 posted on 06/17/2013 8:09:06 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Moonman62

See post 187

http://www.freerepublic.com/focus/news/3032268/posts?page=187#187


190 posted on 06/17/2013 9:36:24 AM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
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