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EACJudicialWatchcomments

EACJudicialWatchcomments

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Number of Pages:7

Date Created:January 3, 2014

Date Uploaded to the Library:January 09, 2014

Tags:Voter Fraud, Supreme Court, ICE, CIA


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BEFORE THE
 U.S. ELECTION ASSISTANCE COMMISSION
 SILVER SPRING, 20910 the matter of:  
Notice and Request for Public Comment  Docket No. EAC-2013-0004 State Requests Include Additional  
Proof-of-Citizenship Instructions the  
National Mail Voter Registration Form  

_____________________________________) 
COMMENTS JUDICIAL WATCH, INC. 
Judicial Watch1 files these comments support Arizona, Kansas, and Georgias requests that the U.S. Election Assistance Commission (EAC) amend the National Mail Voter Registration Form (Federal Form) allow states require proof United States citizenship the time citizen registers vote. failure allow states require such information would undermine Americans confidence that their elections are being conducted fairly and honestly, and would thwart states ability comply with the election integrity obligations imposed federal law.  

Background the NVRA 
The National Voter Registration Act (NVRA) reflects compromise designed both increase lawful voter registration and increase the integrity elections ensuring voter rolls are accurate and contain only eligible voters. The NVRA was enacted to establish procedures that will increase the number eligible citizens who register vote, well protect the Judicial Watch one the nations leading election integrity advocacy organizations, and since 2012 has initiated involved itself election law litigation Ohio, Indiana, Florida, North Carolina, Virginia, Tennessee, and Maryland.   
integrity the electoral process and ensure that accurate and current voter registration rolls are maintained. U.S.C.  1973gg(b)(1), (3)-(4). accomplish these goals, Section the NVRA, U.S.C.  1973gg-4, was passed expand opportunities register vote requiring states allow citizens register mail, along with Section the NVRA, U.S.C.  1973gg-5, which requires states allow citizens register vote public assistance agencies. counterpart these provisions, Section the NVRA, U.S.C.  1973gg-6, was designed increase the integrity elections requiring states maintain accurate voter rolls ensuring the rolls contain only the names eligible voters.  Section therefore functions counterpart Sections and  The provisions represent carefully crafted compromise the U.S. Congress increase both voter registration and the integrity voter lists. the Senate Report explains: important goal this bill, open the registration process, must balanced with the need maintain the integrity the election process updating the voting rolls continual basis. The maintenance accurate and up-to-date voter registration lists the hallmark national system seeking prevent voter fraud.2 
Congress intended for states comply fully with all provisions the NVRA. 

Failure Amend the Federal Form Will Undermine Voter Confidence states cannot ensure that only eligible citizens are registered vote federal elections, citizen confidence that elections are being conducted lawfully will undermined.  The purpose NVRA Section addition preventing voter fraud and election fraud, protect citizens confidence that elections are being conducted fairly and honestly. the U.S. Supreme Court has stated, ensuring that elections are legitimate with verifiable results has Rep. 103-6 17-18, 103rd Cong., 1st Sess., reprinted Implementing the National Voter Registration Act 1993: Requirements, Issues, Approaches, and Examples, Appendix Senate Committee Report the Act, C-10, Federal Election Commission, January 1994, available http://www.eac.gov/national_voter_registration_act/related_documents.aspx. 
independent value.  Crawford Marion County Election Bd., 553 U.S. 181, 197 (2008) ([P]ublic confidence the integrity the electoral process has independent significance, because encourages citizen participation the democratic process. the Carter-Baker Report observed, the electoral system cannot inspire public confidence safeguards exist deter detect fraud confirm the identity voters.); Purcell Gonzalez, 549 U.S. (2006) (Confidence the integrity our electoral processes essential the functioning our participatory democracy. Voters who fear their legitimate votes will outweighed 
fraudulent ones will feel disenfranchised.).  
There are good reasons believe that the public needs reassured this point. poll after poll, for some time now, large segments the American populace have expressed their dismay with various aspects our electoral system. Rasmussen poll from August 2013 reported that only 39% Americans believe elections are fair.3 2012, Monmouth University poll reported that more than two-thirds registered voters thought voter fraud was problem.4 2008, when Gallup poll asked respondents around the world whether they had confidence the honesty elections, 53% Americans said that they did not.5 
These polls reveal startling lack faith our electoral system.  With respect the issue whether non-citizens are able cast ballots, there is, moreover, support for the publics concern. cite only two recent examples, Ohio Secretary State Jon Husted was able confirm Rasmussen Reports, New Low: 39% Think U.S. Elections Are Fair, August 16, 2013, Rasmussen Reports, available http://www.rasmussenreports.com/public_content/politics/ general_politics/august_2013/new_low_39_think_u_s_elections_are_fair. Politico, Poll: 36% say voter fraud major issue, Kevin Robillard, October 26, 2012, available http://www.politico.com/news/stories/1012/82936.html. Gallup, Worldwide, Views Diverge About Honesty Elections, Magali Rheault and Brett Pelham, November 2008, available http://www.gallup.com/poll/111691/worldwide-viewsdiverge-about-honesty-elections.aspx. 
that least non-citizens voted Ohio the 2012 presidential election,6 and 2012 Philadelphia City Commissioner report voter fraud confirmed that non-citizens were registered the city, with least voting.7 These discoveries will naturally lead the public wonder how much broader this law-breaking is.  But any event, the Carter-Baker Report observed, even small amount fraud can have pernicious effect the electoral system: 
While the Commission divided the magnitude voter fraud  with some believing the problem widespread and others believing that minor  there doubt that occurs.  The problem, however, not the magnitude the fraud. close disputed elections, and there are many, small amount fraud could make the margin difference.  And second, the perception possible fraud contributes low confidence the system.8 prevent these harms the electoral system and the publics confidence it, the EAC should grant the states requests.  This step necessary not only safeguard close elections from non-citizen voter fraud, but prevent these documented cases illegal voting from causing lawful voters turn away from future participation American democracy. Fox News, Non-citizens caught voting 2012 presidential election key swing state, Eric Shawn, December 18, 2013, available http://www.foxnews.com/politics/2013/12/18/noncitizens-caught-voting-in-2012-presidential-election-in-key-swing-state/. Report City Commissioner Schmidt, Voting Irregularities Philadelphia County, 2012 Primary Election, July 2012, (In 2012 alone, the Philadelphia Voter Registration office has already cancelled the registrations 19, illegally-registered voters Philadelphia County who are not U.S. Citizens. the illegally-registered voters, have voted least one election over the past years, recently the 2012 Primary.). See Report The Commission Federal Election Reform, Jimmy Carter and James Baker, III (Co-Chairs), Building Confidence U.S. Elections, American Universitys Center for Democracy and Election Management, (September 2005) (italics added), available http://www1.american.edu/ia/cfer/report/full_report.pdf. 

Failure Amend the Federal Form Will Thwart State NVRA Compliance the EAC refuses the requests Arizona, Kansas, and Georgia, these and other states will frustrated their efforts comply with Section the NVRA.  Many states have already been struggling so. Indeed, the routine failure certain states comply with their voter list accuracy obligations  and the resulting poor condition many state voter rolls  quickly becoming national, nonpartisan issue. For example, the Pew Research Center the States released astonishing report 2012 noting that [a]pproximately 2.75 million people have active registrations more than one state.9 That same report observed that 24 million  one every eight  active voter registrations the United States are longer valid are significantly inaccurate, and that [m]ore than 1.8 million deceased individuals are listed active voters. Id.10 Non-citizen voter registration fraud contributor this problem.  
Under Section the NVRA, states are under federal obligation ensure non-citizens neither register nor vote. 2012, federal district court found that Section 8s broad language mandating accurate voter rolls requires states ensure non-citizens are not registered vote federal elections: 
Both sides agree that state can remove improperly registered noncitizen. For noncitizens, the states duty maintain accurate voting list.  See, e.g., U.S.C.  1973gg-6(b). state can and should that the front end, blocking noncitizen from registering the first place. And state finds has Inaccurate, Costly, and Inefficient: Evidence That Americas Voter Registration System Needs Upgrade, PEW RESEARCH CENTER THE STATES, Feb. 14, 2012, available 
http://www.pewtrusts.org/uploadedFiles/wwwpewtrustsorg/Reports/Election_reform/Pew_Upgra ding_Voter_Registration.pdf. See also Jonathan Brater, Presidential Voting Commission Can Modernize Elections: Testimony the Presidential Commission Election Administration, THE BRENNAN CENTER, Sept. 2013 (A system which records has serious errors raises the prospect fraud and manipulation.), available http://www.brennancenter.org/analysis/testimony-presidentialvoting-commission-can-modernize-elections. 
made error  number errors  and wishes correct the problem, 
should well advance [of federal election].  United States Florida, 870 Supp. 1346, 1351 (N.D. Fla. 2012). this obligation that Arizona, Kansas, and Georgia now seek comply with.   
States federal obligation keep non-citizens off the voter rolls one the key purposes the NVRA.  The EAC would thwarting states compliance with this federal law refuses the requests Arizona, Kansas, and Georgia, potentially exposing those states liability and litigation.  See Judicial Watch King, 2012 U.S. Dist. Lexis 174360 (S.D. Ind., Dec. 10, 2012).  

Conclusion 
For all the foregoing reasons, Judicial Watch respectfully asks that the EAC11 grant the requests Arizona, Kansas, and Georgia and allow states require proof citizenship when new voter registers vote.   Dated: January 2014 Respectfully submitted, Robert Popper 
Robert Popper Chris Fedeli 
Chris Fedeli 

JUDICIAL WATCH, INC. 
425 Third Street S.W., Ste. 800 
Washington, 20024 
Tel: (202) 646-5172 
Fax: (202) 646-5199 
Email: rpopper@judicialwatch.org 
cfedeli@judicialwatch.org Judicial Watch notes that only quorum EAC Commissioners can refuse the states requests. Acting Director lacks authority take official regulatory action for the Commission.  See U.S.C.  15328 (action the EAC can authorized only with the approval least three its members.). Because there quorum Commissioners, the EAC cannot reject the states request.  
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http://www.regulations.gov/#!submitComment;D=EAC-2013-0004-0001;p=1[1/3/2014 11:23:01 AM]



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