SCOTUS Decision on Arizona Voter Registration Is a Success or Not


Obama poses with 3 new AZ voters1

cartoon of President Obama posing with three new Arizona voters

Mark Levin’s Landmark Foundation took on Arizona’s case when the federal government sued them for having their own voter registration form which required applicants to submit proof of citizenship (birth certificate, passport, et cetera). Levin said that SCOTUS got yesterday’s decision to back the federal government wrong and it will perpetuate voter fraud. J.Christian Adams, DOJ attorney turned whistleblower, sees the decision as a huge success for the right.

Constitutional Lawyer Mark Levin said Monday that the Constitution is set up to give individual states the power to determine who is eligible to vote in elections. Historically, the federal government was granted the power to set the rules for the time, place and manner and it was aimed at making certain the states elected and sent representatives.

The goal was never to take the control of the voting requirements from the states. The Constitution would never have been signed if that were the case, Levin states.

In 1993 Clinton signed the National Registration Act or Motor Voter Act into law to allegedly make it easier for more people to vote. It also made the vote more susceptible to fraud.

Motor Voter requires a specific federal form for registration which can be mailed in and which has minimal identification requirements. People only have to swear they are citizens. It’s an honor system.

Arizona passed Proposition 200 in an effort to stop the rising problem of illegal voting.

The federal government has done nothing to stop illegal voting.

Arizona’s Proposition 200 used the federal forms but included their own form which required applicants to also provide proof of citizenship.

The Obama administration and Eric Holder, encouraged by his far-left cronies, contested Arizona’s use of their own form.

In the six months since Proposition 200 was in effect, the form prevented 20,000 ineligible voters from registering.

On Monday, SCOTUS found Proposition 200 unlawful because they said it was superseded by the Motor Voter law.

Scalia wrote the majority opinion stating that the decision falls in line with the “manner” of voting which is in the province of the federal government. Levin, whose Landmark Foundation took the case to court, said the states have the absolute constitutional authority to require registrants to prove who they are. The “manner” of voting does not mean states cannot ask for proof of who the applicants are. [Listen to his show on the link provided below for more details]

As Mark Levin said on his radio show last night, this decision makes the states bystanders in elections over their modest attempt at making certain people registered to vote are eligible.

SCOTUS said that Arizona should have gone to the Elections Assistance Commission, a commission that has no members and doesn’t exist.

Prospective voters now have the choice of a state form which requires proof or the federal form which requires nothing. The ineligible voters will undoubtedly use the federal form.

J. Christian Adams has a different perspective. He originally believed it was a “nothing burger” and now he sees it as a disaster for the Left. He points out in an article in PJ Media that the Left wanted the invalidation of all state voter forms. They also wanted a no-questions-asked acceptance of the federal form with no double-checking power. They didn’t get any of those things.

Adams believes that Arizona can, as a result of the decision, push the state forms in all state offices and online while putting federal forms in a closet somewhere. State forms still require proof of citizenship and when voters use the state form, they must provide proof of citizenship.

Realistically, could states really get away with hiding federal forms?

Adams said something interesting about the double-checking, an argument which the Left lost. He said that suspect forms can be put in limbo while they run checks against non-citizen databases and jury-response forms.

The double-checking helps somewhat but it is now up to Arizona to look for suspect forms, as opposed to the onus being on the voter. It will be costly and mostly ineffective compared to requiring people to provide proof of citizenship upon registration.

It would have been so much better if the SCOTUS allowed states to determine eligibility but at least Mr. Adams provides some glimmer of hope.

Mr. Adams describes as a huge success for the right. It’s not obvious if that is the case.

The far-left wing groups will get their voters to the polls using the federal forms. They will simply print out reams of them and provide them to the base.

The Left claims that the paperwork requiring proof is too burdensome. I can’t take out a library book without a photo ID. When I registered for my library card, I was required to bring in the deed to my house or a rental agreement. Voting, apparently, isn’t as important.

As much as Mr. Adam’s comments provide some hope, it does seem that Mr. Levin’s view is the one that will hold up in the end. Voter fraud will continue at a rapid pace in Arizona.

Go here to listen to Mark Levin

Go to pjmedia to read J. Christian Adams take on the SCOTUS decision.