Legal Opinion

Fish v. Kobach

Court of Appeals for the Tenth Circuit

Decided October 19, 2016No. 16-3147PublishedCited by 233 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

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©, as applied to the federally mandated .voter-registration form that must be a part of any application to obtain or renew a driver’s license (the “motor voter” process). 1 Section 5 of the NVRA mandates that states include a voter-registration form as part of the application for a driver’s license, and provides that…

2Cases cited88 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  5. Buckley v. ValeoSupreme Court of the United States · 1976

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3Cited by233 opinions

  1. Free the Nipple-Fort Collins v. City of Fort CollinsCourt of Appeals for the Tenth Circuit · 2019
  2. Husky Ventures, Inc. v. B55 Invs., Ltd.Court of Appeals for the Tenth Circuit · 2018
  3. First Western Capital Management Co. v. MalamedCourt of Appeals for the Tenth Circuit · 2017
  4. DTC Energy Grp., Inc. v. HirschfeldCourt of Appeals for the Tenth Circuit · 2018
  5. Havens v. Colo. Dep't of Corr.Court of Appeals for the Tenth Circuit · 2018

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