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16-5196 - League of Women Voters, et al v. Brian Newby, et al

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16-5196 - League of Women Voters, et al v. Brian Newby, et al
September 9, 2016
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PER CURIAM JUDGMENT [1635095] filed (without memorandum) ORDERED and ADJUDGED that the order of the District Court denying the motion for a preliminary injunction be reversed. It is FURTHER ORDERED that the United States Election Assistance Commission, and anyone acting on its behalf, be enjoined from giving effect to the January 29, 2016, decisions of its Executive Director, Brian D. Newby, approving requests by Kansas, Alabama, and Georgia to add a proof of citizenship requirement to the state-specific instructions that accompany the National Mail Voter Registration Form. It is FURTHER ORDERED that the Commission take all actions necessary to restore the status quo ante, pending a determination on the merits, including promptly removing from the state-specific instructions those requirements directing voter registration applicants to submit proof of their United States citizenship, informing Kansas, Alabama, and Georgia that Federal Form applications filed since January 29, 2016 should be treated as if they did not contain the now-stricken state-specific instructions, and promptly posting on the Commission’s website the modified version of the Federal Form. Before Judges: Rogers, Williams and Randolph*. (*Senior Circuit Judge Randolph would affirm the order denying the preliminary injunction. A separate dissenting statement by Senior Circuit Judge Randolph is attached. SEE JUDGMENT FOR ADDITIONAL DETAILS)
September 26, 2016
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OPINION [1637649] filed (Pages: 22) for the Court by Judges Rogers and Williams, DISSENTING OPINION (Pages: 3) by Judge Randolph. [16-5196]