STEVE INSKEEP, HOST:
Here we are, just over two months before elections that decide control of Congress, and in some states, it is not yet certain which rules govern who gets to vote.
DAVID GREENE, HOST:
The question is how you must prove you're eligible to vote and also who gets to decide. Federal courts are hearing several cases, including one before an appeals court in Denver today.
INSKEEP: The case involves a requirement by Kansas and Arizona that proof of citizenship be provided when using a federal voting registration form. NPR's Pam Fessler begins our story with that document.
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PAM FESSLER, BYLINE: So right now I'm looking online at something called the National Voter Registration Form. It's pretty short and sweet - about a half-page long. It asks for things like your name and your home address and questions such as this - are you a citizen of the United States of America? Yes or no. When this form was created back in the 1990s, the purpose was to make registering to vote a lot easier. And it can be used to register in just about every state, but not all.
KRIS KOBACH: Under article one, section two of the U. S. Constitution, the states solely get to decide who votes in elections and get to police those qualifications.
FESSLER: Kris Kobach is secretary of state in Kansas, which now requires voters to show proof of citizenship when they register. He asked the federal government to adjust its form to reflect this change, but the feds said, no, so Kansas, along with Arizona, sued. Kobach says, it's crucial to protect against invalid votes.
KOBACH: It's become a growing problem for aliens to become registered. In many of those cases, they go on to vote. [POST-BROADCAST CORRECTION : While there have been some cases of noncitizens casting votes, studies indicate there have not been many such instances.] And every time an alien votes, it effectively cancels out the vote of a U.S. citizen.
WENDY WEISER: If Kansas and Arizona win, it'll be much harder for many people to register.
FESSLER: And by people, Wendy Weiser of the Brennan Center for Justice in New York means legitimate voters - citizens who might not have a birth certificate or other proof of citizenship. Her group, along with the Federal Election Assistance Commission, wants the appeals court to overturn a lower court ruling that said, the federal government must change its form as Kansas and Arizona requested. Weiser's big fear is that this will open the floodgates for other states to make similar demands and undercut the whole purpose of having a simple federal form.
WEISER: Congress tried to set uniform standards for voter registration. And the states here are trying to undermine that - saying, they should be able to impose their own requirements on the voter registration form.
FESSLER: And her concerns are not unfounded. Numerous states have imposed new voting restrictions, many of which are also being challenged in the courts this fall.
EDWARD FOLEY: You know, we see cases in North Carolina, in Ohio, in Wisconsin, among other states, that, you know, have the potential both to affect the voting process, but also to create, you know, important rules and principles.
FESSLER: Edward Foley is with the Moritz College of Law at Ohio State University. As he notes, there's a lot going on right now. Cutbacks in early voting are being challenged in Ohio. The NAACP is fighting sweeping changes in North Carolina's voting laws. Wisconsin's is defending its new voter ID requirement in federal court. And voting rights groups will be in court next week to challenge to a Texas photo ID law. Foley says, that's all part of the shake-out from a supreme court ruling last year that overturned a key section of the Voting Rights Act - section five - which has forced advocates to look elsewhere.
FOLEY: There's sort of a new wave of litigation involving section two of the Voting Rights Act and whether or not voting rules of any kind have racially discriminatory impact.
FESSLER: Section two is the new weapon that lawyers like Wendy Weiser are trying to use to block voting changes that they say disproportionately hurt minority voters - something people like Kansas Secretary of State Kobach strongly dispute. How all this plays out, says Foley, will not only effective what voters in a few states face in November, but what all voters face in the years to come. Pam Fessler, NPR News.
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