10th Circuit Grants Stay in Kobach v. EAC Case

In this brief order, the 10th Circuit has stayed the district court’s order requiring the U.S. Election Assistance Commission to modify its federal voter registration form to require documentary proof of citizenship for AZ and KS residents.

The appellate court did not go into details as to the reasons for the stay, beyond noting that the government and intervenors (who oppose requiring the federal form to include a demand for this information) “made the requisite showing.”  However, the key factors here are both likelihood of a reversal on appeal and the relative hardship of the parties.  So this is one indication, by no means certain, that the 10th Circuit could reverse.

This AP story has good background on the decision. My earlier analysis of the district court’s order is: Big News from Federal Court: Republican States May Soon Demand Proof of Citizenship for Voting in Federal Elections.

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