Votes of Thousands Who Haven’t Proven Citizenship Could ‘Swing’ Kansas Elections

vote-electionfrom – The Daily Signal – by Josh Siegel

With the presidential election two months away, a Kansas law requiring voters to show proof of citizenship remains in legal limbo.

Late last month, Kansas Secretary of State Kris Kobach asked a U.S. appeals court to reinstate a provision of a law requiring Kansans to prove their citizenship when registering to vote while obtaining driver’s licenses.

Kobach, a conservative crusader in a movement in Republican-led states to toughen voting laws, wants the 10th Circuit Court of Appeals to overturn a ruling by a federal judge in May. The judge’s decision temporarily restored voting rights to about 18,000 individuals who, as of the ruling, had registered to vote at motor vehicle offices without providing citizenship paperwork.

Kobach estimates that 18,000 will swell by November to about 50,000 potential voters who haven’t proven citizenship, so the appeals court decision will determine the fate of their votes.

He views the Kansas law as a guard against illegal immigrants voting.

“There is a huge potential for aliens’ votes to swing a close election,” Kobach told The Daily Signal in a phone interview. “Even if it’s just a handful of votes, it’s still a huge injustice. Every time an alien votes, it effectively cancels out a vote of a U.S. citizen.”

Since 2013, Kansas has required voters to provide proof of citizenship when voting—whether they are applying at a motor vehicle office or elsewhere in the state—by showing birth certificates, passports, or naturalization papers.

Kansas is one of four states—the others are Alabama, Arizona and Georgia—to have adopted laws requiring proof of citizenship during voter registration.

In February, the American Civil Liberties Union filed suit on behalf of the League of Women Voters and individual Kansans who said they were left off the voter rolls after registering at the state’s Department of Motor Vehicles.

The ACLU lawsuit specifically targets the issue of Kansas’ requiring proof of citizenship from those registering to vote at the DMV.

The plaintiffs argue that the Kansas law violates the National Voter Registration Act of 1993, particularly a provision that requires states to offer people the opportunity to register to vote when they get a driver’s license. That section says that those who register to vote in this way can be asked only for “minimal information,” allowing them to simply affirm that they are citizens—under the threat of perjury if they lie.

The federal law does not require registrants to bring more documentation than they would need to get a driver’s license.

Kobach says that motor vehicle clerks sometimes accidently offer noncitizens the option to register to vote.

He argues that federal law doesn’t expressly bar states from asking for documentation proving citizenship for people registering to vote at the DMV.

“If a state wants to ask for proof of citizenship, nothing in the law prevents it,” Kobach said. “The absurdity of the legal argument that the ACLU is advancing is this notion that Congress intended to present a special privilege for people registering to vote at the DMV that other people don’t get to enjoy.”

But the ACLU counters that, under the Kansas proof of citizenship law, people who register to vote at the DMV are not always told that they have to provide additional paperwork to get on the voter rolls. These people only learn later on—after they thought they had registered successfully—that they actually were blocked from voting.

Critics also note that Kansas identified to the court only three cases of noncitizens who voted between 2003 and the implementation of the law in 2013.

“We do not have proof of fraud in Kansas,” Marge Ahrens, co-president of the League of Women Voters of Kansas, told The Daily Signal in a phone interview, adding:

We do not have illegal persons who want to vote. It’s the last thing illegal people would want to do. I do think it appeals to our sense of fear, but we just can’t find the evidence to support these laws.

Like other opponents of tougher voter identification laws, Ahrens contends that such requirements disenfranchise poor citizens who may not have the money or means to obtain documentation easily.

The League of Women Voters generally focuses its voter registration efforts on people 60 years or older. Ahrens says the elderly encounter similar challenges in trying to meet the requirements of Kansas’ proof of citizenship law.

“Older people can be stymied just by the idea of trying to pull together documents that may or may not exist,” Ahrens said. “Under this law, the complexity of the voting process has become so difficult that we really cannot do our work in a way that is effective.”

In response to these concerns, Kobach notes that Kansas eases the registration process by allowing voters to fax, email, or text a copy of their birth certificate to the DMV.

Kobach said he expects a decision from the 10th Circuit Court of Appeals before the Nov. 8 presidential election. Even if a decision comes close to the election, he says, his state has contingency plans no matter the ruling.

Voters subject to U.S. District Judge Julie Robinson’s May 17 ruling—those who registered at the DMV since 2013 but haven’t provided proof of citizenship—will vote with provisional ballots and whether they’re counted won’t be decided until after Election Day.

While he acknowledged a wave of recent court rulings against voter identification laws in the states, Kobach said he intends to continue his push for stronger legal provisions, and will appeal to the Supreme Court if he loses.

“This about the rule of law,” Kobach said. “We have law-breaking when it comes to elections, and solving the problem is not difficult.”

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5 years ago

While hard working Americans struggle to provide for their own children, they are required to support the illegal children to the tune of $25,000 per child per year. Of course this criminal element will vote illegally for this “free money.” This is tantamount to stealing from the taxpayer. Who do you think they vote for? Democrats, comrade.

Bettye Davis
5 years ago

We should stand firmly for the right of American citizens only to vote.

Keene Babcock
5 years ago

There is no federal law above and beyond the constitution. I will never understand why the states always fall for all of the distracting arguments. CYA anyone?

5 years ago

Why is that the ACLU fights for the rights of illegal immigrants over the rights of tax paying legal citizens? And this madness about voters ID. Why is it even an issue?
To open a bank account you are required one of the following along with your Social Security card,
1) drivers license or state ID(current/valid)
2) birth certificate
3) passport
4) military ID card (current/valid)
People who cannot even read or write somehow can provide some sorts of ID to open an account, but getting a voters ID is a hardship and oppression or whatever?
Illegal aliens cannot get drivers license and are driving without driver’s license and insurance in the state where I live.

5 years ago
Reply to  craga

It is about obtaining power… at your expense of course.

5 years ago

Offer them a $100 bill and they will readily come up with a birth certificate. They are just trying to scam the system. People can be so lazy.

Rex Whitmer
5 years ago

This whole thing has been brought upon us by people whom seem to think that illegal persons within the country should be able to vote, and they do in my state as well as many others. We have a huge population of snow birds whom visit us every year from many states. Many of these individuals vote here as well in their home states by mail in ballots. We have an equally huge population of illegal immigrants whom live together in self made barrios. They don’t learn English, I should say wont learn English, they live totally on welfare and any monies earned go untaxed. When it comes election time they bring a “friend” to point out who and what to vote for, and this is on top of having a “Spanish” ballot!

John Major
5 years ago

State’s Exhibit “A” should be Hillary’s “Get Out the Vote” campaign specifically targeted at illegal aliens!

5 years ago

In Fairfax county Virginia alone, 400 NON-Citizens were REMOVED from the Voter rolls, and it was discovered that Over 1/2 of them Voted in the last Election….

Janet Miller
5 years ago

They needed photo ID to enter the DNC–Photo ID for voting in a presidential election should be totally necessary to prevent non-citizens and Dead People from voting (a very rigged system). But Honesty is not a Democratic priority at any time.

5 years ago

This makes no sense. If they can’t prove citizenship then those votes should be cast out, or rather, never taken to begin with.

Dody Clifford
5 years ago

My husband and I both agree voters should have to show proof of citizenship.

judy Spencer
5 years ago

Why doesn’t Kansas require the person registering for a LIcense to provide a copy of their Birth Certificate – as well as other proof if the name on the Birth Certificate is different than your current license. i.e., you have gotten married or divorced. Both California and SC required me to provide a copy of my Birth Certificate and a Certified copy of my Divorce Decree (which I had to get from L.A. County, taking more than 6 hours of my time) to prove that I was legally entitled to have a different last name than on my Birth Certificate. Meanwhile, in LA the Driver’s License offices are so overrun by illegals that it takes forever to get a license – and I had a valid license from another State! This would never have happened, if it weren’t for the law breaking crimes of illegal entry into this country. As far as I am concerned, if our Country refuses to enforce the law by stopping illegal immigration – then why should Law-abiding citizens have to pay for it.

5 years ago

The requirement of registering births was determined by states but most states had a requirement in place 1923. The majority of legal citizens can prove their date of birth by contacting Vital Records depts in the county or state where they were born. (My mom was able to get her birth certificate and found out she was born in 1912 but had always thought she was born in 1913).

I know the US Census records aren’t actual proof of citizenship but I would think those could be used if no other records are availabe. In every census I have seen from 1850 forward, the question is asked where you were born. In Familysearch.org after you find your ancestor you can open a copy of the original census form showing names, relationships to head of household, ages, race, & where born.

The point I am making is people can prove where they were born IF they want to. The Democrats are taking that away because they are opening the door to get illegals registered to vote!! I do not buy the argument that minorities will be prevented from voting for lack of ID. That is just another LIE being promoted by Democrats/Liberals/Socialists.

Eileen Tiso
5 years ago

Must be Required to be placed on voter registration list. You must provide documentation of citizenship in this country. All if the USA.
There has to be a registry system that knows which person is citizen. They will not be alloweed to vote if a background check has not been completed.
Remember, there are many many people in the USA that have lied or used someone else’s I. d. to obtain social security cards. They even receive social security benefits and are illigals.

5 years ago
Reply to  Eileen Tiso

I agree with you! When I first registered to vote, I had to show proof of citizenship as that was the law…so what happened to that??? People are just trying to take the easy way out and our leaders are failing in their responsibilities to do the right thing, so the law is “sidestepped” so more people can vote. Not right and not fair!!! Of the immigrant population, only the ones who became American citizens are allowed to vote and the ones with the Green Card (registered aliens) can only vote in the primary elections but not in the General election, and that sounded fair enough. Our illegal immigrant population is not only from Mexico and countries south of them, but from all over the world…some might have entered legally at one time with a Visa and then over-stayed the time they could be here and just decided to stay, period. Our American system is really lax that it needs serious work done to make things right for its citizens and those who actually want to become Americans and live by our laws. And then too, if our people who work in the Immigration Dept. are not fully qualified to do the job, does not help it any.
I worked for a large airline company for years in passenger service and it was amazing how many illegals on a daily basis came to our ticket counter with fake IDs thinking they would get on our flights. They could barely speak English and their fake DLs/IDs would show their names but when we ran the ID numbers, they were from stolen licenses….same thing with their credit cards. The following day, those same people would return with another fake ID/DL.. There are just as many dishonest people out on the streets who are peddling those fake IDs/DL, and charging the buyers a lot of money….all for nothing. The cards all looked like the real deal too! So when dishonesty is piled up on top of dishonesty, that’s what we end up with……corruption and fraud.

Rex Whitmer
5 years ago
Reply to  Eileen Tiso

Yo0u’ve hit the nail right on the head Eileen! When I began voting I took my birth certificate and my discharge papers to the register and my name was put on the rolls. Now, persons in the Service of their country have problems getting an absentee ballot, but illegals just walk in and vote! This is the results of a system gone maddd!

AD Roberts
5 years ago

Read the Constitution. The Federal courts have NO SAY SO on issues that ARE states rights issues. So all Kansas has to do is IGNORE the feds and require proof of citizenship.
What is so hard about that. When are the states going to act like they believe the Constitution?

5 years ago
Reply to  AD Roberts

There too, it depends on who the politicians are who are running those offices……my answer to your last sentence. Perhaps they haven’t read the Constitution at all?

Rex Whitmer
5 years ago
Reply to  Maria

I guess you haven’t heard Maria, but Senators, Congress persons , Presidents, and even some Supreme Court Justices believe that THEY should decide which parts of the Constitution are valid! They could care less. Term limits are definitely needed as are limits of cash that can be given politicians by any individual. Hillary was bought and sold the day she lost the election the first time!!!

5 years ago

That’s been the plan all along. If the Progressive can’t beat us legally, they will do it illegally. Remember the “ends justify the means”.

5 years ago

I agree with Henry!!!!

Marvin M Brown
5 years ago

The idea that a person with the wherewithal and ability to access a car cannot afford to obtain their birth certificate is ridiculous on it’s face. One should be required to prove their citizenship when they register to vote no matter where they do it. It is not about how many may cheat or mistakes made by clerks.

5 years ago

Also there should be no early voteinng.

5 years ago
Reply to  hENRY

Exactly, Henry! It leaves to much room for dumacrat shananigans. It was originally for military personnel serving overseas. Another corruption by the dumacrats!

5 years ago

Our neighbor to the south requires ID to vote in their elections.

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