The decision came just hours before a court-imposed deadline in a lawsuit filed by Kansas and Arizona in U.S. District Court in Kansas. Georgia is not part of that litigation but has similar requirements.
The agency found that granting the states’ requests would “likely hinder eligible citizens from registering to vote in federal elections,” undermining the core purpose of the National Voter Registration Act.
Most immediately, the issue will likely return to the courtroom of U.S. District Judge Eric Melgren, who has held onto litigation in anticipation of further proceedings.
Both states enacted laws requiring new voters to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote, and most voters use state forms that enforce the requirement. But some voters use the federal form, which requires only that someone sign a statement under oath that he or she is a U.S. citizen, and Kansas and Arizona want to force a change to close what their officials see as a loophole in enforcement of their proof-of-citizenship requirements.
The U.S. Justice Department has argued that changing the requirements on the federal form for residents of Kansas and Arizona would in essence affect nationwide policy because it might encourage every state to seek increased proof of citizenship in order to register for federal elections.
