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Associated Press

Judge: Kansas Cannot Require Proof of Citizenship to Vote

06-18-2018

WICHITA, Kan. (AP) - A federal judge ruled Monday that Kansas cannot require documentary proof of U.S. citizenship to register to vote, finding such laws violate the constitutional right to vote in a ruling with national implications for voting rights.

The ruling by U.S. District Judge Julie Robinson is the latest setback for Kansas Secretary of State Kris Kobach, who has championed such laws and led President Donald Trump's now-defunct voter fraud commission. The 118-page decision consolidated two cases challenging a Kansas voter registration law requiring people to provide documents such as a birth certificate, U.S. passport or naturalization papers.

The decision makes permanent an earlier injunction that had temporarily blocked the law.

No other state has been as aggressive as Kansas in imposing proof-of-citizenship voter registration requirements. Alabama and Georgia have proof-of-citizenship laws that are not currently being enforced, according to the American Civil Liberties Union. Arizona is the only other state with a similar law in effect, but that law is far more lenient and allows people to satisfy it by writing their driver's license number on the voter registration form.

The lead case filed by the ACLU on behalf of several named voters and the League of Women Voters is centered on the National Voter Registration Act, commonly known as the Motor Voter Law, which allows people to register to vote when applying for a driver's license. The case required Kobach to prove that Kansas has a significant problem with noncitizens registering to vote.

But her ruling also encompassed a less publicized legal challenge filed by Kansas voter Parker Bednasek, which is not limited to motor-voter applicants cited in the ACLU and therefore encompasses all Kansas voters.

Kobach, a conservative Republican who is running for governor, was a leading source for Trump's unsubstantiated claim that millions of immigrants in the country illegally may have voted in the 2016 election.

The cases have drawn national attention because of its implications for voting rights as Republicans pursue laws they say are aimed at preventing voter fraud but critics contend target Democratic-leaning minorities and college students who may not have such documentation.

Kansas has about 1.8 million registered voters. Kobach has told the court he has been able to document a total of 127 noncitizens who at least tried to register to vote. Forty-three of them were successful in registering, he says, and 11 have voted since 2000. Five of those people registered at motor vehicle offices, according to Kobach.

In the first three years after the Kansas law went into effect in 2013, about one in seven voter registration applications in Kansas were blocked for lack of proof of citizenship - with nearly half of them under the age of 30, according to court documents. Between 2013 and 2016, more than 35,000 Kansas residents were unable to register to vote.

Courts had temporarily blocked Kobach from fully enforcing the Kansas law, with the 10th U.S. Circuit Court of Appeals in Denver calling it "a mass denial of a fundamental constitutional right."

In a separate legal challenge, the U.S. Court of Appeals for the District of Columbia also has temporarily blocked the enforcement of the state's proof-of-citizen requirement for people who register to vote using the federal form.

Copyright 2018 The Associated Press. All rights reserved. 

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