July 22, 2019

Archives for December 1, 2014

Tenth Circuit: Election Assistance Commission Not Required to Approve State Requests to Amend Voter Registration Form

The Tenth Circuit Court of Appeals issued its opinion in Kobach v. United States Election Assistance Commission on Friday, November 7, 2014.

The secretaries of state from Arizona and Kansas, Ken Bennett and Kris Kobach, respectively, sought to have the Election Assistance Commission (EAC) add language requiring documentary proof of citizenship to each state’s instructions on the federal voter registration form. The EAC concluded the additional language was unnecessary and denied their requests. Kobach and Bennett filed suit in federal district court challenging the denial, and the district court held the EAC had a nondiscretionary duty to grant their requests.

The Tenth Circuit disagreed with the district court’s reasoning, holding that the district court’s decision is in direct conflict with the Supreme Court’s recent decision in Arizona v. Inter Tribal Council of Arizona, Inc., 133 S. Ct. 2247 (2013) (ITCA). Justice Thomas’ dissent in ITCA endorsed the theory brought to the Tenth Circuit by Arizona and Kansas in this appeal, thus clearly explaining what the law does not provide. The EAC had valid authority to subdelegate decision-making authority to its Executive Director relating to the contents of the federal form. Under the unique circumstances of this case, an appeal from the Executive Director’s decision denying the requests to modify the federal form was impracticable, and consequently the decision qualifies as a final agency action, which was procedurally valid. The National Voter Registration Act’s requirements do not impose a ministerial duty on the EAC to approve state requests to change the form.

The Tenth Circuit reversed the district court’s ruling and remanded with instructions for the district court to vacate its order mandating EAC modifications to the federal form.

Colorado Court of Appeals: Announcement Sheet, 11/26/2014

On Wednesday, November 26, 2014, the Colorado Court of Appeals issued no published opinion and 35 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 11/28/2014

On Friday, November 28, 2014, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Catchai v. Holder

United States v. Rubio-Ayala

Mattox v. McCune

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 11/26/2014

On Wednesday, November 26, 2014, the Tenth Circuit Court of Appeals issued no published opinion and six unpublished opinions.

United States v. Powell

Gilbert-Mitchell v. Allred

Simpson v. State of Kansas

Gardner v. Wilkins

The Cincinnati Insurance Co. v. AMSCO Windows

Los Reyes Firewood v. State of New Mexico’s Bernalillo County Metropolitan Detention Center

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.