Scott Schwab, Secretary of State of Kansas v. Steven Wayne Fish, et al.
DueProcess
Whether the United States Constitution prohibits Kansas from requiring applicants to provide proof of United States citizenship when registering to vote
QUESTIONS PRESENTED The Kansas Constitution establishes United States citizenship as a qualification to vote and directs the Legislature to provide for proof of eligibility. Thus, when an applicant in Kansas registers to vote, Kansas law requires “satisfactory evidence of United States citizenship.” Kan. Stat. Ann. § 25-2309(1). The questions presented are: (1) Whether the United States Constitution prohibits Kansas from requiring applicants to provide proof of United States citizenship when registering to vote. (2) Whether Section 5 of the National Voter Registration Act of 1993, 52 U.S.C. § 20501, et seq., prohibits Kansas from requiring motor-voter applicants to provide proof of United States citizenship when registering to vote.