League of Women Voter of the United States v. Newby
IRLI represented Kris W. Kobach, in his official capacity as Secretary of State of Kansas, in a lawsuit brought by several special interest groups and two individuals (plaintiffs) seeking to reverse the decision of the Executive Director of the U.S. Election Assistance Commission (EAC) to grant Kansas, Alabama, and Georgia’s request to amend their state specific instructions that accompany the National Mail Voter Registration Form (Federal Form) to include instructions regarding their respective state’s requirement in law that persons desiring to register to vote must provide proof of U.S. citizenship. Although not a defendant in the lawsuit, Secretary Kobach sought to intervene as a defendant to protect the interests of the citizens of Kansas and to preserve and defend Kansas law, which requires county election officers and the Secretary of State’s Office to “accept any completed application for registration, but [provides that] an applicant shall not be registered until the applicant has provided satisfactory evidence of United States citizenship.” Kan. Stat. Ann. (K.S.A.) § 25-2309(l).