WASHINGTON, D.C. (April 21, 2015) – Self-confessed and other non-citizens are registering to vote under current federal law, as revealed in documents submitted today by the American Civil Rights Union to the U.S. Supreme Court.

The brief in Kobach v. U.S. Election Assistance Commission (EAC) asks the high court to hear arguments by Arizona and Kansas in defense of their request to the EAC to include a citizenship question on federal registration forms in those states.

The EAC, backed by the Obama Justice Department, had denied the request, triggering lawsuits by the two states. A U.S. District judge ruled in favor of the states but was overturned in the U.S. 10th Circuit Court of Appeals.

The ACRU’s brief, written by Kaylan L. Philips and Noel Johnson of the Public Interest Legal Foundation, asserts that:

“The EAC’s determination, reinstated by the Tenth Circuit, constitutes a usurpation of a power guaranteed to the States by the Constitution of the United States.”

The brief notes that Article I of the Constitution “grants the States the power to control who may vote in federal elections. This power is not implied, but is expressly provided by the Voter Qualifications Clause.”

The brief also presents “clear evidence that the Federal Form has failed to prevent noncitizen registration.”

Of the thirteen federal voter registration forms submitted to the Court, “Four of the individuals actually checked ‘no’ on the citizenship question, six checked ‘no’ and ‘yes’, and the remaining two left the checkbox blank entirely.” Nevertheless, they were registered to vote.

The forms were compiled in Harris County, Texas by the election integrity organization True the Vote.

“As the federal forms we are submitting to the Court show, we’re beyond the point of merely possible registration fraud, with clear evidence that non-citizens are on the rolls,” said ACRU Chairman Susan A. Carleson. “We hope the Court agrees that states have the clear constitutional right to require proof of U.S. citizenship in order to thwart vote fraud.”

Read the brief.