“Judge sends Arizona, Kansas voter citizenship suit back to US Election Assistance Commission”


A federal judge has sent back to federal elections officials a request by Kansas and Arizona to force modifications in a national voter registration form so the states can fully enforce proof-of-citizenship requirements.

U.S. District Judge Eric Melgren on Friday sent the states’ lawsuit back to the U.S. Election Assistance Commission, with instructions that the commission has to have a final decision by Jan. 17.

There is zero chance the EAC will have a decision by that date, given that the commission lacks any commissioners who could act.

As Justice Scalia wrote in the Inter-tribal case;

The EAC currently lacks a quorum-indeed, the Commission has not a single active Commissioner. If the EAC proves unable to act on a renewed request, Arizona would be free to seek a writ of mandamus to “compel agency action unlawfully withheld or unreasonably delayed.” 5 U.S.C. §706(1) . It is a nice point, which we need not resolve here, whether a court can compel agency action that the agency itself, for lack of the statutorily required quorum, is incapable of taking. If the answer to that is no, Arizona might then be in a position to assert a constitutional right to demand concrete evidence of citizenship apart from the Federal Form.

Share this: