Uncategorized

Supreme Court decides National Voter Registration Act case

In a 7-2 decision by Justice Antonin Scalia, the U.S. Supreme Court held today in Arizona v. Inter Tribal Council that the National Voter Registration Act preempts an Arizona law that required local election officials to refuse to register any would-be voter who did not present satisfactory evidence of U.S. Citizenship.

In separate opinions, Justices Clarence Thomas and Samuel Alito dissented.

The Constitution gives the states the authority to decide “the time, place and manner” of holding elections for federal officials, but also gives Congress back-up authority to “make or alter such regulations.” The Constitution also provides that when federal and state law clash, federal law will prevail.

The NVRA was passed in an effort to increase the number of eligible voters in federal elections, and to ensure that voter registration rolls are accurate and current.  It spells out three methods for registering voters for federal elections.  Voters may sign up to vote when they apply for a driver’s license, apply by mail using a federal form, or register – using the federal form – at sites designated under state law or by state voter registration officials.  States must create a combined driver’s license (or non-driver ID) and voter registration form, and the law requires federal officials to draw up a federal form — a nationally uniform voter registration application to be used in getting registered by mail or at a registration office. On the federal form, the would-be voter must declare that he or she meets voter eligibility requirements, including U.S. citizenship.

Under Arizona law, the requirement of proof of  citizenship was a separate mandate, not fulfilled by having the federal form.

 

 

 

 

Check Also

State Supreme Court rules retroactive application of teacher tenure repeal is unconstitutional

The state Supreme Court ruled unanimously today that ...

Top Stories from NCPW

  • News
  • Commentary

With just a few hours left until the crossover deadline, the state of North Carolina’s environment i [...]

On Monday morning, there was only one way left to save the Court of Appeals and a few hours with whi [...]

The political compromise that repealed HB2 was enough for the NCAA and ACC, both of which have retur [...]

Conference comes a day after new report lauds benefits of same-day registration The new line-up for [...]

How many times do we have to say it? Well, it’s worth repeating – especially in the aftermath of rec [...]

As the national pundits weigh in on President Trump’s first 100 days in office and the General Assem [...]

How the General Assembly is spending “crossover week” and what it ought to be doing The last week of [...]

To casual observers, the recent controversy surrounding public school class-size mandates in grades [...]

Featured | Special Projects

Trump + North Carolina
In dozens of vitally important areas, policy decisions of the Trump administration are dramatically affecting and altering the lives of North Carolinians. This growing collection of stories summarizes and critiques many of the most important decisions and their impacts.
Read more


HB2 - The continuing controversy
Policy Watch’s comprehensive coverage of North Carolina’s sweeping anti-LGBT law.
Read more