<While the court was clear in stating that states cannot add additional identification requirements to the federal forms on their own, it was also clear that the same actions can be taken by state governments if they get the approval of the federal government and the federal courts.
Arizona can ask the federal government to include the extra documents as a state-specific requirement, Scalia said, and take any decision made by the government on that request back to court. Other states have already done so, Scalia said.
The Election Assistance Commission “recently approved a state-specific instruction for Louisiana requiring applicants who lack a Louisiana driver’s license, ID card or Social Security number to attach additional documentation to the completed federal form,” Scalia said.
Currently, the Election Assistance Commission doesn’t have any active commissioners. The four commissioners are supposed to be nominated by the president and confirmed by the Senate. The last two commissioners, Donetta L. Davidson and Gineen Bresso, left in 2011, according to the EAC website.
“The notion that the court will not enforce the Constitution unless you first apply to a commission that cannot act because it has no members is mind boggling,” Caso said.>
There are too many issues in this section.....I agree with the general policy of the SC to issue NARROW rulings. But, They seem to be saying you have to come back by a different route. THat does seem burdensome. I would think the failure of the administration to appoint members to the commission means an automatic win for Arizona when it appeals on the right grounds.