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Feds back court ban on proof of citizenship for voter registration

In an unusual move, the Obama Administration is backing the issuance of a court injunction blocking a federal official's decision to approve new voter registration forms that allow three states to insist that voters provide copies of documents proving their U.S. citizenship.

In legal papers filed Monday morning, the Justice Department urged U.S. District Court Judge Richard Leon to grant a preliminary injunction sought by the League of Women Voters aimed at preventing Kansas, Alabama and Georgia from using so-called "motor voter" forms that require proof of citizenship.

The Justice Department's action is uncommon because the agency represents the defendants targeted in the lawsuit—the federal Election Assistance Commission and its acting executive director Brian Newby. Newby issued a directive on Jan. 29 allowing the three states in question to change the federal forms' instructions to reference to the proof of citizenship requirement.

"The United States consents to plaintiffs’ request for entry of a preliminary injunction....Because the Executive Director did not determine that the states’ documentation requirements were necessary to verify voter eligibility, the decisions cannot pass muster under the [Administrative Procedure Act,]" DOJ lawyers wrote. "The Executive Director did not 'consider[] the relevant factors...' or 'articulate a satisfactory explanation for its action.'"

Voting rights groups have long opposed such proof-of-citizenship requirements, arguing that many Americans don't have the needed documents and that insisting on such proof will disenfranchise poor, minority and elderly voters. The Obama Administration clearly agrees and is therefore offering the unusual endorsement of a court order that would tie the hands of federal officials.

The Justice Department's stance leaves the lawsuit with no party opposing the injunction. However, Kansas Secretary of State Kris Kobach filed a motion Friday seeking to intervene in order to defend his state's position.

The new requirements could have most immediate effect in Georgia, where registration is still open for state and federal primaries on May 24. In addition, Kansas is holding caucuses on March 5 and allows voters to register as Democrats as late as that day to join in the caucus.

Leon is scheduled to hold a hearing on the injunction request Monday afternoon.

In 2013, the U.S. Supreme Court invalidated an Arizona law requiring proof of citizenship for voter registration, but the court's majority opinion written by recently-deceased Justice Antonin Scalia said the states could seek approval for such changes from the Election Assistance Commission.

A federal appeals court ruled in 2014 that the commission was not required to insert such changes on the federal form. Last year, the Supreme Court declined to review that ruling.

Josh Gerstein is a senior reporter for POLITICO.