Posted on 07/20/2024 5:52:58 AM PDT by Presbyterian Reporter
Arizona won't be able to block those who sign up to vote using a federal registration form from casting a ballot in the presidential race, at least not now.
In a brief order Thursday, the 9th Circuit Court of Appeals rejected a plea by Republican legislative leaders to delay a ruling by a trial judge that barring enforcement of such a ban.
In the same order, the three-judge panel also said those using that federal form still can cast their ballots by mail.
What the judges decided, however, is that anyone who tries to register to vote using a state form is required at the same time to provide documented proof of citizenship. More to the point, if they do not, the application must now be rejected.
That overturns what had been occurring.
Maricopa County Recorder Stephen Richer said the practice until now has been that registration requests using the state form that did not also have proof of citizenship automatically were put into the "federal only'' category, as if the applicants had submitted a federal form.
Richer said he and the other 14 county recorders will stop doing that.
But Richer noted none of this disturbs the ability of those who use the federal form in the first place to be able to cast a ballot in the presidential race.
House Speaker Ben Toma acknowledged the limited nature of the victory. "But it's still a win,'' he told Capitol Media Services.
None of this precludes Toma and Senate President Warren Petersen from pursuing an appeal of last year's order by U.S. District Court Judge Susan Bolton about the ability of those using the federal form to cast a ballot in the presidential race.
A hearing is being scheduled on that for September. And that means there still could be a decision before the Nov. 5 election.
But unless Bolton's ruling is overturned, it means that the more than 35,000 Arizonans who have signed up using that federal form will get a say in the upcoming election. Their views could have an impact: Joe Biden won Arizona over Donald Trump in 2020 by fewer than 11,000 votes.
More to the point, attorneys for the GOP leaders contend the ballots they cast — if they are allowed — would break against Republican interests.
In seeking to overturn Bolton's ruling, attorney Thomas Basile said only 14.3% of those who used the federal form — and can vote only in federal rates — are registered Republicans. By contrast, he told the appellate judges, Republicans comprise 34.5% of total active registered voters in Arizona.
"The judicially mandated inclusion of these individuals in the presidential electorate necessarily impairs the relative competitive position of the Republican presidential nominee,'' Basile told the appellate judges.
So far, though, those arguments have failed to convince the 9th Circuit to delay Bolton's decision.
The fight is over a 2022 Arizona law that requires proof of citizenship to register, a precursor to being able to cast a ballot.
Several rights groups filed suit, calling the requirement "a baseless assault on Arizona's election system based on a conspiracy theory that non-citizens are voting, despite a persistent lack of credible evidence to support such claims.''
Bolton agreed. But Thursday's order from the 9th Circuit allows Arizona to enforce the proof-of-citizenship requirement for those who try to register using the state form.
The federal form, however, presents an entirely different issue. And the key is the National Voter Registration Act which requires states to accept and use a registration form prepared by the federal Election Assistance Commission, a form that requires only that applicants avow, under penalty of perjury, that they are U.S. citizens.
"The plain language of the National Voter Registration Act reflects an intent to regulate all elections for federal office, including for president or vice president,'' Bolton wrote last year in enjoining the state from enforcing the provisions while the case plays out. "And binding precedent indicates that Congress has the power to control registration for presidential elections.''
The Republican leaders have not challenged the ability of those using the federal form to vote in congressional races. They have acknowledged that Congress is allowed to pass laws pertaining to the times, places and manners of electing representatives and senators.
But they contend that same congressional power does not extend to presidential races. And that, they contend, means Arizona is free to set requirements in presidential races, including proof of citizenship.
FReepers this is the main issue. We must stop noncitizens from voting.
"""But unless Bolton's ruling is overturned, it means that the more than 35,000 Arizonans who have signed up using that federal form will get a say in the upcoming election. Their views could have an impact: Joe Biden won Arizona over Donald Trump in 2020 by fewer than 11,000 votes."""
FReepers, this is something each of you can do.
Ask your Secretary of State how many of the Registered Voters in your state have a matching REAL ID Driver’s License or ID Card.
Elections are decided by the states. This “Federal” form should not exist. What is missing here?
“What the judges decided, however, is that anyone who tries to register to vote using a state form is required at the same time to provide documented proof of citizenship.”
Finally, a whiff of intelligence. Isn’t that what we’re after?Voting in the US for general elections is not a federal transaction, it is a state process.
The most common documents that establish U.S. citizenship are: • Birth Certificate, issued by a U.S. State (if the person was. born in the United States), or by the U.S. Department of State. (if the person was born abroad to U.S. citizen parents who. registered the child’s birth and U.S. citizenship with the U.S.
https://www.uscis.gov/sites/default/files/document/guides/A4en.pdf
And you’ll notice right at the top of the list is the birth certificate. And states issue those. In addition, using the term federal form is misleading. There are three other forms that could be used generated from the federal government:
U.S. Passport
Certificate of Citizenship
Naturalization Certificate
Problem is that no state was using them either.
The Electoral College system was established under Article II and Amendment 12 of the U.S. Constitution. In each State, the voters choose electors to select the President and Vice President of the United States, based on the results of the November general election at state level. The federals people don’t run the process and don’t know what the vote is, by the use of the electoral collee, until January and even then only to tabulate the votes delivered to them. The just verify what the states sent. And by putting ther citizenship requirement in their hands brings it right to the process.
wy69
“What the judges decided, however, is that anyone who tries to register to vote using a state form is required at the same time to provide documented proof of citizenship.”
Finally, a whiff of intelligence. Isn’t that what we’re after?Voting in the US for general elections is not a federal transaction, it is a state process.
The most common documents that establish U.S. citizenship are: • Birth Certificate, issued by a U.S. State (if the person was. born in the United States), or by the U.S. Department of State. (if the person was born abroad to U.S. citizen parents who. registered the child’s birth and U.S. citizenship with the U.S.
https://www.uscis.gov/sites/default/files/document/guides/A4en.pdf
And you’ll notice right at the top of the list is the birth certificate. And states issue those. In addition, using the term federal form is misleading. There are three other forms that could be used generated from the federal government:
U.S. Passport
Certificate of Citizenship
Naturalization Certificate
Problem is that no state was using them either.
The Electoral College system was established under Article II and Amendment 12 of the U.S. Constitution. In each State, the voters choose electors to select the President and Vice President of the United States, based on the results of the November general election at state level. The federals people don’t run the process and don’t know what the vote is, by the use of the electoral collee, until January and even then only to tabulate the votes delivered to them. The just verify what the states sent. And by putting ther citizenship requirement in their hands brings it right to the process.
wy69
Joe Biden won Arizona over Donald Trump in 2020 by fewer than 11,000 votes.”
The GOP was blindsided in 2020. They now have a ground game in 2024 to more than compensate for 11,000+ illegal votes. The GOP base is expanding and energized and that is an understatement. I know a lot of people who would crawl under barbed wire to vote and will do so as early as possible.
I’ve said democrats can no longer be considered human since they started going after very young children to turn them into trans or gay sex toys.
Now they are no longer even American. They are literally Illegal Alien Invaders. They should be treated as such. Removed and blocked from ever returning legally. Send the politicians who support Illegal Alien Invader voting with them. Remove their citizenship and block their return as well.
And it’s a FJB win with 162 million votes!
Does this only apply to AZ or all states under the 9th Circuit? If only to AZ (but why?), some folks need to make it apply (14th Amendement?) to all states under the 9th, and then, the entire country. I am not a lawyer so I don’t know how this will have to move through the courts (perhaps using the AZ case as precedence?), but, it should.
I worked for a state agency in Oregon. We were instructed to accept any benefit application where the applicant checked that they were a citizen. Even if they couldn’t speak English. No questions asked. No verification.
“””I worked for a state agency in Oregon. We were instructed to accept any benefit application where the applicant checked that they were a citizen. Even if they couldn’t speak English. No questions asked. No verification.”””
Fast forward and now these same agencies will now tell that person: “I see you are a citizen, do you also want to Register to Vote.”
I really do not understand why people are not mad as hell that our local, state, and federal governments are making it easy for noncitizens to Register to Vote.
Are too many people waiting to cry and whine on November 5th when Trump loses because noncitizens voted for the Democrat?
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