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Exclusive: Secretaries Of State Argue 9th Circuit ‘Erased’ Right To Remove Noncitizens From Voter Rolls

The secretaries from Kentucky, Mississippi, and Nebraska filed a brief with SCOTUS in support of proof of citizenship in voter vetting.

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The 9th Circuit Court of Appeals’ “broad” reading of the National Voter Registration Act would “obliterate” the states’ constitutionally guaranteed authority over setting voter qualifications, the secretaries of state for three red states argue in an amicus brief filed Friday in arguably the next big election integrity case before the Supreme Court. 

RNC v. Mi Familia Vota is about to test whether states have the right to require documentary proof of U.S. citizenship to register to vote, and whether they can remove noncitizens from their voter rolls within the so-called “quiet period” 90 days prior to a federal election. 

Ultimately at issue is the power of the decades-old NVRA to override states’ rights in determining who can and cannot vote in state-run elections. 

“If the NVRA preempts States from imposing and enforcing a citizen qualification to vote in their elections, it creates serious constitutional doubt about the constitutionality of the NVRA itself,” the secretaries of state for Kentucky, Mississippi, and Nebraska argue in the friend-of-the-court brief. 

‘The Ninth Circuit Was Wrong’

The Supreme Court will take up, and perhaps settle, the lingering NVRA issues it dealt with 13 years ago in Arizona v. Inter Tribal Council of Arizona. In that case, the court ruled that Arizona could not require proof of citizenship on federal election registration forms, on which individuals need only attest that they are U.S. citizens. But the ruling did not bar states from requiring proof of citizenship on state voter registration forms. 

Arizona’s election integrity laws allow applicants without proof of citizenship to register to vote in congressional races but not in presidential elections or by mail. Left-wing activists immediately........

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