Has the EAC Capitulated to Kansas on Proof of Citizenship for Voting?

There’s been a longrunning battle between the U.S. government and KS (and Arizona) over whether those states need to accept the “federal form” to register voters in federal elections. These states did not want to accept the federal form for voting because the form, unlike each state’s regular voter registration forms, did not require documentary proof of citizenship before voting.

After a bunch of litigation, where things stood until recently was: these states had to accept the federal form for voting in federal elections. KS took the position that it did not have to allow voting by those using the federal form in state elections.  A state court recently rejected this two-tiered voting system, but the issue was on appeal.

But now the EAC his issued this letter which indicates the EAC has agreed to include the following state specific information about registering in KS. Within 90 days, one must provide KS election officials with documentary proof of citizenship (from a list provided) in order to have one’s registration accepted. (There’s a similar letter approved from Ga.)

I could be wrong, but this appears to be a capitulation by the EAC, which will now lead to disenfranchisement of anyone who registers with the federal form but does not provide the documentary proof of citizenship within 90 days.

Is this right? Has the EAC capitulated? Why?

UPDATE: One question is whether EAC executive director Brian Newby, himself from KS, acted on his own or with the agreement of the three EAC commissioners. Inquiring minds want to know.


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