“Exhibiting an unmistakable hallmark of the Obama administration, the EAC was not deterred by its lack of authority to act in this area. The EAC made the unilateral determination that documentary proof of citizenship is not “necessary” to the states’ assessment of voter eligibility. In so doing, the EAC’s acting executive director claimed that the evidence presented by Arizona and Kansas — over 200 specific cases of non-citizen voter registration — “fail[ed] to establish that the registration of noncitizens is a significant problem in either state.”
Kansas and Arizona ask the Supreme Court to ensure that only citizens vote in their states. Approximately 6.4 percent of non-citizens voted in the 2008 presidential election, according to a study released last year by professors at Old Dominion University and George Mason University.
The figure for the 2010 midterm elections was 2.2 percent. The Obama administration doesn’t care. In fact, it is trying to stamp out state-led efforts that would help ensure that only American citizens are electing our leaders. The latest bureaucratic roadblocks have been erected in Arizona and Kansas, which simply want people to verify their citizenship before voting.
To implement their commonsense measures, Arizona and Kansas asked the U.S. Election Assistance Commission (EAC) — a small federal agency that exists primarily to assist the states in creating the federal form citizens use to register to vote by mail — to add the proof-of-citizenship requirement to the registration instructions specific to Arizona and Kansas.
Their request was denied because of the decision of one federal employee in Washington, D.C. You might ask, “Where do Arizona and Kansas get the authority to verify citizenship?” The answer is the Constitution, whose Voter-Qualifications Clause grants the states the power to set qualifications for voting.
The power of the federal government to act in this area is limited. The Constitution’s Election Clause permits Congress to determine only the times, places, and manner of holding elections. As succinctly stated by our Supreme Court, “the Elections Clause empowers Congress to regulate how federal elections are held, but not who may vote in them” (emphasis in original). Deciding who may vote is the sole prerogative of the states under the Constitution.