The Obama Administration wants non-citizens to be allowed to vote in the upcoming election, and that's why it opposes voter ID laws, Hans A. von Spakovsky, senior legal fellow at The Heritage Foundation, tells Newsmax TV.
Von Spakovsky, a former FEC and U.S. Department of Justice lawyer, wrote about the issue at National Review
where he detailed the current Justice Department's efforts to undermine U.S. Election Assistance Commission.
"A number of states have been very smart, Kansas, Alabama, Georgia, Arizona, and they have passed laws that say that when you register to vote, you have to provide proof of U.S. citizenship," he said Wednesday on "The Steve Malzberg Show." Kansas then went to EAC and said it needed to change the instructions for residents of the states using the federal form to include a proof of citizenship.
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That brought a lawsuit from the NAACP, the League of Women Voters and Project Vote saying proof of citizenship cannot be required. The Justice Department, which is tasked with defending federal agencies refused to do so, and also refused to allow the EAC to hire its own lawyers.
"It's a Catch-22," von Spakovsky said.
But he said Federal Judge Richard Leon said he had not seen such action from Justice Department in his entire career, and the EAC will ask him to appoint legal representation.
On another subject, von Spakovsky said there is precedent for Chief Justice John Roberts to allow the votes made by Justice Antonin Scalia before his death to be put into effect, avoiding many 4-4 ties.
"I think they should count," he said. "I think his vote should be given effect."
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