Non-Citizen Voting Case Pits Justice Department Against States That Require Proof-Of-Citizenship

The Justice Department is still refusing to defend another federal agency — the Election Assistance Commission (EAC) — which granted a request by Kansas to change of the instructions on the federal voter registration form to notify Kansans wishing to register that they must meet a proof of citizenship requirement.

Last Wednesday, at a hearing before Judge Richard Leon, the Department of Justice again attempted to roll over and consent to a request by a coalition of groups that are seeking to prevent the citizenship instructions from appearing on the registration form.

Fortunately, Judge Leon had granted our request to intervene in the case and defend the EAC. Kaylan Phillips, chief litigation counsel at Public Interest Legal, drew Judge Leon’s attention to evidence of noncitizens registering to vote in states without a proof of citizenship requirement—as well as the Justice Department’s refusal to prosecute noncitizens who have been caught.

Judge Leon will soon rule on the challengers request to enjoin the EAC. In the interest of election integrity, the request should be denied.