WICHITA, Kan. (AP) — The U.S. Election Assistance Commission found Friday that heightened proof-of-citizenship requirements likely would hinder eligible citizens from voting in federal elections, handing down a ruling that denied requests from Kansas, Arizona and Georgia to modify the registration form for their residents.
The decision came just hours before a court-imposed deadline in a lawsuit filed in federal court by Kansas and Arizona that seeks to force the commission to modify state-specific requirements for registering to vote in those states. Georgia, which has a similar voter registration law, is not part of the litigation but was included in the commission’s decision.
Those states have enacted laws requiring new voters to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote. People who register using the federal form only need to sign a statement, under penalty of perjury, that he or she is a U.S. citizen.
Kansas Secretary of State Kris Kobach has championed his state’s proof-of-citizenship law to keep non-citizens from voting, particularly those in the U.S. illegally. But critics say voter fraud is extremely rare and contend such laws suppress the vote and threaten to keep thousands of citizens from casting ballots.
Kobach said in an email that he had anticipated the adverse ruling from the commission and the states will now press their constitutional claims before the U.S. District Court in Kansas. He argues the decision is unconstitutional because it prevents Kansas and Arizona from securing their voter rolls.
“The EAC’s reasoning reflects the partisan view of the Obama Justice Department that requiring voters to provide documentary proof of citizenship at the time of registration is undesirable as a policy matter,” Kobach said. “However, the EAC has no authority to second-guess the policy decisions of the sovereign states of Kansas and Arizona.”
In its decision, the EAC found that added documentation burdens do not enhance voter participation and result in an overall decrease in registration of eligible citizens — undermining the core purpose of the National Voter Registration Act.
It cited as evidence the problems Kansas already has experienced with its own enhanced voter registration requirements. The voter registrations of 20,127 Kansans remained on hold Friday because they’ve not yet provided proof of their citizenship to election officials.