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Power play: Federal ruling forbids states from checking voters’ citizenship
The Washington Times ^ | January 18, 2014 | Stephen Dinan

Posted on 01/18/2014 9:41:19 AM PST by jazusamo

A federal commission rejected three states’ requests to ask voters for proof of citizenship, issuing a complex decision Friday that said it’s up to the national government, not the states, to decide what to include on registration forms.

Under the motor-voter law, federal officials distribute voter-registration forms in all of the states. Arizona, Kansas and Georgia all asked that those forms request proof of citizenship, but the federal Election Assistance Commission rejected that in a 46-page ruling.

The EAC said states can check driver’s license databases or ask federal immigration authorities for information, but they cannot tell the federal government what to include on federal forms.

“The EAC finds that granting the States’ requests would likely hinder eligible citizens from registering to vote in federal elections, undermining a core purpose of the NVRA,” the commission said in its ruling, referring to the National Voter Registration Act, or motor-voter law.

The EAC’s decision is almost certain to end up back before the federal courts and could go all the way to the Supreme Court.

Indeed, the states’ request to the EAC was in part spurred by a Supreme Court ruling last year. In that case, the justices said Arizona couldn’t refuse to accept the federal registration forms.

But Justice Antonin Scalia also specifically said Arizona could ask the EAC to include the request on forms distributed in that state, and said if the EAC refused, the state could come back to the courts.

Friday’s decision is the latest skirmish in the push for voter identification and proof of citizenship as some states seek to crack down on what they fear is fraudulent registration and, in some cases, fraudulent voting.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: Arizona; US: Georgia; US: Kansas
KEYWORDS: aliens; amnesty; citizenship; corruption; eac; holder; holdervstruth; motorvoter; obama; typicalvoterfraud; votefraud; voterfraud; voterid; votingrightsact
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Good for Justice Scalia. The 0bama administration, especially Eric Holder, has encouraged voter fraud every they could possibly think of.
1 posted on 01/18/2014 9:41:20 AM PST by jazusamo
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To: jazusamo

The States should tell the Federal Judges to go to hell and check for citizenship anyway.


2 posted on 01/18/2014 9:45:23 AM PST by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: jazusamo

But the conspirators know this will not be resolved in time for the next election cycle. Once illegals have already been registered, they will not have to qualify again.


3 posted on 01/18/2014 9:45:31 AM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: jazusamo

The democrat controlled federal government is at war against the US citizen.


4 posted on 01/18/2014 9:47:02 AM PST by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: jazusamo
"But Justice Antonin Scalia also specifically said Arizona could ask the EAC to include the request on forms distributed in that state, and said if the EAC refused, the state could come back to the courts.

We need this.

5 posted on 01/18/2014 9:47:30 AM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: jazusamo

When it has been shown that 23 year-olds can present themselves as 80 year-olds, as a thread showed last week, and be accepted by poll workers without question, then I’m doubtful than even photo I.D. is going to do much. “Yeah, two eyes a nose and a mouth, that’s you.”


6 posted on 01/18/2014 9:47:42 AM PST by gusopol3
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To: jazusamo

Let’s hope this decision is brought back to the courts promptly as Justice Scalia said could be done. Unfortunately the courts are so packed with progressives, the Obama federal government apparatchiks and cooperating federal judges will likely be able to slow the appeals process to a snail’s pace.

It’s very clear now that many federal government officials in the Obama administration and in the civil service are now actively enemies of the American citizens.


7 posted on 01/18/2014 9:48:41 AM PST by House Atreides
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To: Jim Robinson

Exactly, the Rat takeover hit the ground running on Jan 20, 2009 with their criminal administration.


8 posted on 01/18/2014 9:54:59 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: Jim Robinson

It is the same in Europe. This is bigger than just our gubmint.


9 posted on 01/18/2014 9:56:09 AM PST by The Toll
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Please bump the Freepathon or click above and donate or become a monthly donor!

10 posted on 01/18/2014 9:58:16 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Democrats have bitten off far more cheese than they can chew this time around.

A couple more years of this junk and Obama’s own fans will massively sit out the elections.


11 posted on 01/18/2014 9:58:29 AM PST by HiTech RedNeck (The Lion of Judah will roar for you if you give him a big hug and a cheer and mean it. See my page.)
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To: Count of Monte Fisto

I never have understood why one Federal judge has the power to negate the duly passed legislation of a state. Balance of powers implies that the Supreme Court is supposed to balance the legislatures.

One whacko judge with a 5 minute ruling can exercise more power than an entire state legislature which has often spent months (or more) working a bill through committees and the two houses, plus getting the whole thing signed by the governor.

Talk about tin-pot dictators! If a Federal judge has a problem with a state law, he/she/it should take it up with the Supreme Court.

Someone please enlighten me as to how this is constitutional let alone logical?


12 posted on 01/18/2014 10:01:21 AM PST by BwanaNdege
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To: BwanaNdege

Judges should not have this kind of power, this is insane


13 posted on 01/18/2014 10:04:18 AM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: HiTech RedNeck
A couple more years of this junk and Obama’s own fans will massively sit out the elections.

No need for them to vote. By then Obama will be King (Emperor? Big Kahuna? He-Who-Must-Not-Be-Questioned?)

(ChiaPet-for-Life?)

14 posted on 01/18/2014 10:04:39 AM PST by BwanaNdege
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To: jazusamo

Just go ahead and require proof of citizenship. The administration are criminals; treat them as such.


15 posted on 01/18/2014 10:05:55 AM PST by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: BwanaNdege

I think he’ll be happy to go on his way. The government is not the big cream pie he envisioned, lavish vacations notwithstanding. Actually if he made the entire rest of his term a vacation in Hawaii I wouldn’t complain too much. Money has been spent on worse things.


16 posted on 01/18/2014 10:11:07 AM PST by HiTech RedNeck (The Lion of Judah will roar for you if you give him a big hug and a cheer and mean it. See my page.)
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To: HiTech RedNeck

You may be right, there’s already many of his fans really ticked over 0bamacare and there’ll be a lot more from all his other corrupt capers.


17 posted on 01/18/2014 10:17:46 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Here is the 2013 Sup Ct holding striking down the AZ law requiring proof of US citizenship for those seeking to vote in fed election.

http://www.supremecourt.gov/opinions/12pdf/12-71_7l48.pdf


18 posted on 01/18/2014 10:21:28 AM PST by Ray76
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To: Count of Monte Fisto
The States should tell the Federal Judges to go to hell and _____________________ anyway.

I've been saying this for years.

There is wealth in America and a wealthy man could hire people and start building a pipeline anyway.

A wealthy man could hire the people and construct refineries anyway ...

You get the picture.

19 posted on 01/18/2014 10:21:52 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: Count of Monte Fisto

The states can check and note this...for state elections...which worries some that there will eventually be two listings in every state....the pure and simple state-voters, and the complicated-accept-all federal list. It would take two or three federal elections for someone to note a ten to twenty percent difference....and that there’s some serious mess brewing here.

The Supremes can’t do much for state elections....each state can run their own method...determine their own day for voting...and arrange registration their own way. Once you say federal election...then all bets are off.


20 posted on 01/18/2014 10:21:57 AM PST by pepsionice
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