” The Supreme Court has been asked to allow Kansas and Arizona to verify that only United States citizens are registering to vote in those states. (See PJ Tatler’s coverage here). Unfortunately, a single federal bureaucrat refused to allow the two states to weed out non-citizens trying to register to vote.
Meet Alice Miller, the acting executive director of the Election Assistance Commission.
Miller alone, from her inside-the-Beltway office, refused to amend the Kansas and Arizona version of a federal voter registration form to include state laws requiring proof of citizenship. Backed by a swarm of left-wing groups, Miller, by herself, made it easier for foreigners to vote in Kansas and Arizona.
You might wonder how a single federal bureaucrat could have so much power over how elections are run in Kansas and Arizona. Federal law, commonly known as Motor Voter, requires states to accept a form drawn up by the Election Assistance Commission to register voters in their state. But states can ask the Election Assistance Commission (EAC) to revise the version for their state to include state qualification laws. In Kansas and Arizona, registrants must establish that they are citizens to be qualified to register. When Kansas and Arizona asked the EAC to print new forms with those state law requirements, Miller refused.
Kansas and Arizona sued, and a federal court ordered the EAC to reprint the forms. However, the Tenth Circuit Court of Appeals reversed and held that Miller had the power to deny Kansas and Arizona new forms.
The Supreme Court has been asked to take the case, a case which implicates both the integrity of American elections as well as the reach of federal bureaucrats.
Normally, the commissioners at the EAC decide what versions of a form the states can use, but the EAC lacked a quorum. Into this vacuum swept Miller.
The Public Interest Legal Foundation has filed an amicus brief for the American Civil Rights Union with the Supreme Court. The brief asks the Court to take the case and to restore the constitutional balance which Miller has disrupted.”