In the recent case Arizona v. the Inter Tribal Council of Arizona, the Ninth Circuit Court of Appeals interpreted the National Voter Registration Act as prohibiting states from ensuring that voters in federal elections have the "qualifications requisite for electors of the most numerous branch of the state legislature." By the Ninth Circuit's ruling, state laws that require anything more than the federally approved registration form are preempted.
The ciruit court's ruling overlooks the fact that the Constitution assigns the question of voter qualifications to the states, not Congress. Congress has no power, unless it seeks to remedy a violation of the Fourteenth or Fifteenth Amendment, to set voter qualifications. In response, the Center for Constitutional Jurisprudence has filed an amicus brief with the Supreme Court, arguing that the highest court should hear the case.
Download the full brief here: CCJ, AZ v. Tribal Council.
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