LEAGUE OF WOMEN VOTERS OF U.S. v. NEWBY

No. 16-5196.

838 F.3d 1 (2016)

LEAGUE OF WOMEN VOTERS OF the UNITED STATES, et al., Appellants v. Brian D. NEWBY, in his capacity as the Executive Director of the United States Election Assistance Commission, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 2016.


Attorney(s) appearing for the Case

Joel T. Dodge , Chelsea Goulet , Michael Courtney Keats , Attorneys, Stroock & Stroock & Lavan LLP, Wendy Weiser , Brennan Center for Justice, Director, New York, NY, Jonathan D. Janow , Attorney, Kirkland & Ellis LLP, Washington, DC, for Plaintiffs-Appellants League of Women Voters of the United States, League of Women Voters of Georgia, League of Women Voters of Kansas.

Jason Adam Abel , Errol Ramon Patterson , Linda S. Stein , Steptoe & Johnson LLP, Jon M. Greenbaum, Esquire , Director, Lawyers Committee for Civil Rights, Washington, DC, Dale Ho, Director , ACLU Foundation, New York, NY, for Plaintiffs-Appellants Georgia State Conference of the NAACP, Georgia Coalition for the People's Agenda.

Jon M. Greenbaum, Esquire , Director, Lawyers Committee for Civil Rights, Washington, DC, Dale Ho , Director, ACLU Foundation, New York, NY, for Plaintiffs-Appellants Marvin Brown, Joann Brown.

John A. Freedman, Esquire , R. Stanton Jones , Elisabeth Susan Theodore , Andrew Mercer Treaster , Attorney, Arnold & Porter LLP, Washington, DC, for Plaintiff-Appellant Project Vote.

Daniel Tenny , Alisa B. Klein , Mark B. Stern , Attorneys, Beth S. Brinkmann, Esquire , U.S. Department of Justice (DOJ), Civil Division, Appellate Staff, Benjamin Charles Mizer , Solicitor, U.S. Department of Justice (DOJ), Office of the Assistant Attorney General, Channing Phillips, Esquire , U.S. Attorney, U.S. Attorney's Office (USA), Civil Division, Washington, DC, for Defendants-Appellees Brian D. Newby, United States Election Assistance Commission.

Garrett Robert Roe , Kris W. Kobach, Esquire , Office of the Kansas Secretary of State, Topeka, KS, Dale Lee Wilcox , Immigration Reform Law Institute, Washington, DC, Intervenor for Defendant-Appellee Kris W. Kobach.

Noel Henry Johnson , Kaylan Lytle Phillips , Public Interest Legal Foundation, Plainfield, IN, Public Interest Legal Foundation, Intervenor for Defendant-Appellee Public Interest Legal Foundation.

Eugene F. Chay , Senior Attorney, Asian Americans Advancing Justice AAJC, Washington, DC, Amicus Curiae for Appellants American-Arab Anti-Discrimination Committee, Asian American Legal Defense and Education Fund, Asian Americans Advancing Justice — AAJC, Asian Americans Advancing Justice — Asian Law Caucus, Asian Americans Advancing Justice — Atlanta, Asian Americans Advancing Justice — Chicago, Asian Americans Advancing Justice — Los Angeles, Campaign Legal Center, Common Cause, Demos, Fair Elections Legal Network, Mexican American Legal Defense and Educational Fund, National Asian Pacific American Bar Association, National Association of Latino Elected and Appointed Officials Educational Fund, National Council of Jewish Women, People for the American Way Foundation, Service Employees International Union, Southern Coalition for Social Justice.

Lawrence J. Joseph , Attorney, Law Office of Lawrence J. Joseph, Washington, DC, Amicus Curiae for Appellee Eagle Forum Education & Legal Defense Fund.

Brittnie Ryan Baker , Jonathan Lee Sherman , Counsel, Fair Elections Legal Network, Washington, DC, Adam Martin Sparks, Esquire , Attorney, Krevolin & Horst, LLC, Atlanta, GA, Amicus Curiae for Appellant Fair Elections Legal Network.

Dissenting opinion by Senior Circuit Judge RANDOLPH.


In order to increase participation in federal elections, the National Voter Registration Act requires states to register eligible citizens who submit a complete and valid federal registration form. Although some states in recent years have enacted voter-registration laws that require documentary...

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