FISH v. KOBACH

No. 16-3147.

840 F.3d 710 (2016)

Steven Wayne FISH; Donna Bucci; Charles Stricker; Thomas J. Boynton; Douglas Hutchinson; League of Women Voters of Kansas, Plaintiffs-Appellees, v. Kris W. KOBACH, in his official capacity as Secretary of State for the State of Kansas, Defendant-Appellant, and Nick Jordan, Defendant. English First Foundation; English First; U.S. Justice Foundation; Public Advocate of The United States; Gun Owners Foundation; Gun Owners of America; Conservative Legal Defense and Education Fund; U.S. Border Control Foundation; Policy Analysis Center; and Common Cause, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 19, 2016.


Attorney(s) appearing for the Case

Dale Ho ( Rodkangyil Orion Danjuma and Sophia Lin Lakin , American Civil Liberties Union Foundation, Inc., New York, New York; Stephen Douglas Bonney , ACLU of Kansas and Western Missouri, Overland Park, Kansas; Neil A. Steiner and Rebecca Kahan Waldman , Dechert LLP, New York, New York; Angela M. Liu , Dechert LLP, Chicago, Illinois, with him on the briefs), American Civil Liberties Union, New York, New York, for Plaintiffs-Appellees.

Kris W. Kobach , Secretary of State of Kansas ( Garrett R. Roe , Kansas Secretary of State's Office, Topeka, Kansas, with him on the brief), Kansas Secretary of State's Office, Topeka, Kansas, for Defendant-Appellant.

Herbert W. Titus of William J. Olson, P.C. ( William J. Olson , Jeremiah L. Morgan , John S. Miles , and Robert J. Olson , William J. Olson, P.C., Vienna, Virginia; Marc A. Powell , Powell Law Office, Wichita, Kansas; Michael Connelly , U.S. Justice Foundation, Ramona, California, with him on the brief), filed an amicus curiae brief for the English First Foundation, English First, the U.S. Justice Foundation, Public Advocate of the United States, the Gun Owners Foundation, the Gun Owners of America, the Conservative Legal Defense and Education Fund, the U.S. Border Control Foundation, and the Policy Analysis Center, in support of Defendant-Appellant.

Debo P. Adegbile of Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York ( Jason D. Hirsch , Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York; Joshua M. Koppel , Tyeesha Dixon , and Derek A. Woodman , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, District of Columbia, with him on the brief), filed an amicus curiae brief for Common Cause in support of Plaintiffs-Appellees.

Before BRISCOE, HOLMES, and McHUGH, Circuit Judges.


INTRODUCTION

In this case, we must resolve whether section 5 of the National Voter Registration Act (the "NVRA"), 52 U.S.C. § 20504, preempts a Kansas law requiring documentary proof of citizenship ("DPOC") for voter registration, Kan. Stat. Ann. § 25-2309(l), as applied to the federally mandated...

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