By Jon N. Hall
After re-reading the case and reflecting a bit more, it's clear that the decision was a disaster for the Left and their victory cackles are hollow --- and they know it.
Worse, conservative dooms-dayers who have never litigated a single National Voter Registration Act case have taken to the airwaves, describing the case as a disaster which invites illegal-alien voting. [Link added.]In the last year, I've litigated five NVRA cases and worked on the preemption issues for years, and there is more to cheer in today's opinion than there is to bemoan. Those complaining about the opinion don't understand what the Left's goal was in this case: total federal preemption. On that score, Justice Scalia foiled them...
The final three pages of Scalia's opinion lay out a roadmap whereby Arizona can get around this ruling. In 2005, Arizona asked the U.S. Election Assistance Commission, the federal agency responsible for the federal voter-registration form, to "include the evidence-of-citizenship requirement among the state-specific instructions on the Federal Form" for any residents of Arizona. The EAC's four commissioners split 2 to 2, so the agency took no action. "We are aware of nothing that prevents Arizona from renewing its request," Scalia suggests. [Link added.]If the EAC refuses the request or "its inaction persists," Scalia writes, then Arizona can sue the EAC and establish in court that "a mere oath will not suffice to effectuate its citizenship requirement and that the EAC is therefore under a nondiscretionary duty to include Arizona's concrete evidence requirement on the Federal Form."
Box 6 --- ID Number
Federal law requires that states collect from each registrant an identification number. You must refer to your state's specific instructions for item 6 regarding information on what number is acceptable for your state. If you have neither a drivers license nor a social security number, please indicate this on the form and a number will be assigned to you by your state.
6. ID Number. Your full social
security number is required. It
is used to prevent fraudulent
registration and voting. Failure
to furnish this information
will prevent acceptance of this
application (Hawaii Revised
Statutes, Section 11‑15).
Read more: http://www.americanthinker.com/2013/06/election_integrity_under_the_arizona_ruling.html#ixzz2Xcu8Y0ur