The Democratic National Committee (DNC) and the Arizona Democratic Party, are planning a Lawsuit over Arizonaa Law, that Demands further Proof of Citizenship to Register to Vote, creating a Dual System for Voters casting a Ballot in State and Federal Elections. The current Federal Form does Not ask for Citizenship info, but says:
Federal Registration Form's Affidavit:
I swear or affirm that:
• I am a citizen of the United States.
• I will have lived in the county, city or village for at least 30 days before the election.
• I meet all requirements to register to vote in (State).
• This is my signature or mark in the box below.
• The above information is true, I understand that if it is not true, I can be convicted and fined up to $5,000 and/or jailed for up to four years.
Arizona Gov. Doug Ducey (R), signed a GOP-authored Law last month, that tightens Proof of Citizenship requirements to Vote in the State, which is already required for Elections there.
Arizona currently has about 31,000 People registered as Federal-only-Voters. Under the New Law, applications for Federal Forms will be scrutinized by the State for evidence of Citizenship. If it is Not provided, the Person couldn’t Vote in Presidential Elections or Vote-by-Mail, and Officials would have to turn the Names of Noncitizens who attempted to Register over to the State Attorney General's Office for possible Prosecution.
Arizona Lost a 2013 Supreme Court Case on trying to enforce particular Citizenship Check Rules for Federal-only-Voters who Register with a Form provided by the 1993 National Voting Registration Act. The DNC contends that the Arizona Law Violates the 1993 Law, because it creates a split system for federal-Only-Voters, and imposes added Burdens on Federal Registrants, among other things. It also makes Constitutional Due Process Claims.
An Attorney for the DNC laid out the Case in a Notice sent to State Officials, which they are required to send at least 90 days before filing Legal Action under the 1993 Law. “This undemocratic move is a clear violation of federal law,” DNC Chairman Jaime Harrison said in a Statement. “That is why the DNC is taking action to ensure that all eligible Arizona voters are given an equal opportunity to participate in our elections, and we stand ready to step in to defend the freedom to vote wherever partisan lawsuits are brought to attack voters’ ability to cast a ballot.”
Besides needling at the 1993 Law’s Registration form, the Law also could Disqualify Voters who Register with the Federal Form from casting a Ballot in the Presidential Election.
This is a Nod to Clauses in the Constitution that dictate Electoral College Electors and Congressional Elections, respectively. States typically harmonize Election Laws to avoid Voter Confusion, but Arizona Republicans are explicitly trying to drive a Wedge between them.
That Wedge is at the center of the Independent Legislature Theory, a once-fringe Legal Theory, that is increasingly en vogue among Republicans that would bolster the Role of State Legislatures in Elections, at the expense of State Courts, Governors, and potentially Congress.
The State is trying to set up “a showdown on the scope of Congress’s power over presidential elections as distinct from congressional elections”, noted Election Law Expert Derek Muller previously wrote. “And it could have fallout for how states administer elections broadly.”
I think Federal Elections should be run by a Federal Operation run by, a Professional Department of Election Experts, of the Election Assistance Commission (EAC).
NYC Wins When Everyone Can Vote! Michael H. Drucker
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