voter ID

Kansas and Arizona say they have a sovereign right to require proof of citizenship for voting residents of their states, even for federal elections.

The two states urged the 10th Circuit Court of Appeals on Tuesday to lift the emergency stay it issued last week.

The appeals court had halted a ruling from U.S. District Judge Eric Melgren, whose ruling required the U.S. Election Assistance Commission to modify its federal voter registration form for Kansas and Arizona residents.

The 10th Circuit Court of Appeals has temporarily suspended an order requiring Kansas and Arizona residents to provide proof of citizenship when registering to vote with a national form.

The federal appeals court granted the emergency request by the U.S. Election Assistance Commission and voting rights groups.

Yesterday’s decision means Kansas and Arizona voters can continue to register to vote using the federal form without having to document their citizenship.

On Wednesday, a federal judge in Wichita refused stay his order for federal election officials to immediately enforce Kansas and Arizona laws requiring new voters to document their U.S. citizenship.

U.S. District Judge Eric Melgren denied the requests from the U.S. Election Assistance Commission and voting rights groups to stay his ruling while the case goes to the U.S. 10th Circuit Court of Appeals.

Melgren ordered the commission to proceed without delay on his March directive to immediately modify its national voter registration form.

Two elderly Kansas men have dropped their lawsuit challenging a new state law that requires voters to show photo ID at the polls.

Attorney Jim Lawing said on Thursday Arthur Spry and Charles Hamner asked to have the case dismissed because it would not be heard before this year’s elections.

U.S. District Judge Kathryn Vratil in Kansas City has granted their request for a dismissal.

The judge was still considering whether the case should be heard in federal court or state court, as the two men had wanted.

U.S. District Judge Eric Melgren says Kansas and Arizona will get more time to respond to federal election officials’ request for a stay.

Melgren’s recent ruling requires them to enforce Kansas and Arizona’s new laws requiring voters to prove U.S. citizenship when registering to vote.

In March, Melgren ordered The U.S. Election Assistance Commission to change the national voter registration form to add special instructions for Arizona and Kansas residents about those states’ proof-of-citizenship requirements.

A federal trial has been scheduled in a lawsuit challenging a new state law requiring voters to show photo identification at the polls.

U.S. Magistrate Gerald Rushfelt in Kansas City set a schedule this week for hearing the lawsuit.

Kansas Secretary of State Kris Kobach is being sued by northeast Kansas residents Arthur Spry and Charles Hamner.

Both live in a retirement home in Overbrook.

The suit says neither man had a driver’s license, computer or access to the birth records needed to secure a photo ID.

Celeste Lindell, flickr Creative Commons

U.S. District Judge Eric Melgren ruled Wednesday afternoon that federal voter registration forms in both Kansas and Arizona will be modified to reflect the state forms.

Judge Melgren answered one key question with today’s decision: that it’s ultimately a state’s right to determine what is on their federal voter registration forms, and not that of the U.S. Election Assistance Commission.

A judge has rejected the claim against Kansas Secretary of State Kris Kobach.

Voting rights organizations had claimed that Kobach has no legal authority to file a lawsuit to force the U.S. Election Assistance Commission to change the federal voter registration form.

U.S. District Judge Eric Melgren denied their request Thursday.

The court found that Kansas Attorney General Derek Schmidt had authorized Kobach to handle the litigation.

A judge has agreed to limit what material the court can consider in a lawsuit filed by Kansas and Arizona. The suit seeks to force federal election officials to change voter registration forms to require proof-of-citizenship from residents in those states.

U.S. District Judge Eric Melgren sided with the U.S. Election Assistance Commission on Wednesday.

Melgren will limit his review to the existing administrative record, rather than hold an evidentiary hearing in the case.

The U.S. Election Assistance Commission has found that heightened proof-of-citizenship requirements could hinder eligible citizens from voting in federal elections.

Their ruling late Friday denied requests from Kansas, Arizona and Georgia to modify the federal registration form for their residents.

Kansas Secretary of State Kris Kobach says the states now will press their constitutional claims before the U.S. District Court in Kansas.

Kobach says the decision is unconstitutional because it prevents the states from securing their voter rolls.

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