Its surprising how much you can accomplish if you don't care who gets the credit
If you did a survey today, most people in the media and on the left side of the political spectrum would agree that Russian citizens should not be able to vote in American elections, *especially* not for the office of President.
It is ironic then, that the continuous efforts by the left to weaken election integrity and limit voter ID laws has resulted in a current system which leaves room for fraud that would allow non citizens to vote a Federal ballot.
Many states have enacted voter ID laws to preserve the integrity of their elections. However, as is often the case, Federal legislation and judicial rulings have, in many cases, prevented the enforcement of these state laws and referenda.
The National Voter Registration Act of 1993 (NVRA/Motor Voter https://www.justice.gov/crt/national-voter-registration-act-1993-nvra) requires states to accept a Federal Voter Registration form.
The form is written by the Elections Assistance Commission, and has a box for registrants to check yes or no to verify citizenship. This form does not require any proof of Citizenship be submitted.
Arizona statutes require people registering to vote on our state registration form provide Proof of Citizenship with the form (ARS 16-166 (F)). Voter registrations for those who register to vote on the state form and fail to provide Proof of Citizenship are rejected until such proof is provided.
However, state voter ID laws, including Arizona's Proof of Citizenship requirement, are pre-empted by NVRA.
Therefore, our Proof of Citizenship requirement may not be enforced against registrants who use the Federal Form prescribed by the US Elections Assistance Commission.
The State of AZ defended our law, and in 2013 the Supreme Court, in AZ v Inter Tribal Council of AZ, Inc., 133 S Ct.2247, 2257, held that the states could seek redress from the EAC (Elections Assistance Commission), but that they must accept voter registrations on the form prescribed by the EAC.
The EAC has refused to modify the form for those states with Proof of Citizenship requirements, and has gone as far as trying to unseat their own chair when he attempted to modify the form.
There have been numerous court cases on this issue, and to date SCOTUS has refused to grant a writ of certiorari to hear these cases.
The Secretary of State of Kansas, Kris Kobach, has fought valiantly at the state and federal level as he works to protect the integrity of our elections, see Kobach v US EAC 11/7/13, 10th Circuit ruled in EACs favor, on 6/29/13 SCOTUS denied Kansas and Arizona a writ of cert to hear the appeal.
On 6/29/15, SCOTUS again denied cert to hear the appeal and allowed the 10th circuit ruling in favor of EAC to stand.
On 2/23/16, US District Court Judge Richard Leon declined to grant a stay after chairman of the EAC, Mr. Newby, supported changing the form to require proof of Citizenship for those states who have enacted legislation. This was short lived.
In the decision in League of Women Voters v Newby on 2/24/17, the district court remanded the decision back to the EAC who again refused to change the form to include proof of citizenship. Litigation continues.
Secretary Kobach continues to fight to protect our elections process, in Kansas and nationwide. He is a member of President Trump’s Advisory Commission on Electoral Integrity, https://www.whitehouse.gov/the-press-office/2017/05/11/presidential....
As a result of court rulings, the current procedure for election officials, usually deputy registrars, who receive a voter registration on a Federal form is as follows:
If the registrant submits a new Federal form without Proof of Citizenship:
-a Registrant that checks the ‘Yes’ box on the citizenship question, but declines to provide Proof of Citizenship with the Federal form, or provides unsatisfactory Proof of Citizenship with the Federal form, IS PERMITTED TO REGISTER, but is only eligible to vote in Federal elections (including the Presidential Preference election). These registrants are known as “Federal only" voters.
This is the current state of our Federal elections. Unless and until the Supreme Court agrees to hear an appeal on this issue, or our Federal legislators take steps to modify NVRA/Motor Voter or disband the EAC, non citizens who check the ‘Yes’ box and attach no proof of citizenship, are effectively able to vote in our Federal elections.
Boy, Vladimir Putin must feel silly.
The brouhaha about Facebook ads and mythical ‘collusion’ aside, all that any foreign power or bad agent (cough, Soros, cough), had to do to steal our Federal election, was to send over a few million people to swing states and register to vote on the Federal form.
With the wide open borders under Obama it wouldn’t have been too difficult. I would hazard a guess that this is exactly how Hillary Clinton ‘won’ the popular vote. Thank God for the electoral college.
Our Constitutional Republic will only survive if we preserve the integrity of our elections process. Proof of Citizenship and Voter ID are absolutely essential to this effort.
While courts must not ‘rule’ us, we are all too often left to address the chaos that results from their decisions. Unless and until a strong executive and legislative branch take back their power from the courts we must deal with the results.
Let us hope that President Trump is able to appoint a few more Justices to SCOTUS and that our representatives on every level continue to work to protect our elections.
Without electoral integrity, we truly are in danger of losing everything.
God Bless America.
Now would be a good time to have our President revisit that Election Assistance Commission and change the policy or fire them all.
A very good article with good info. A bit long but important info for us.
I understand that California registers you as a voter when you get a drivers license. This seems to fail even the basics of the EAC. Of course they can do this for California, I guess for local elections, but for a Federal election, it should have a higher level of control.
Arizona does that too. Most states do it now I think. Opens the door for fraud bc no one has to show proof of citizenship.
California has been allowing illegal aliens to vote since the 1990's. B1 Bob Dornan lost his election to Loretta Sanchez due to massive vote fraud by illegal aliens and the Republican District Attorney refused to even prosecute those who were known to have done so and they were still in the voter rolls at the next election 2 years after that.
As much as 5% of California's vote may be illegal aliens. By their leaders admissions there are as many as 10 million illegal aliens just in California meaning they are getting much more representation than they should have. We must prevent aliens being counted in the census or those states where they are greatest will have a larger group of Congressmen and women than they should have.