MS NOW

Kobach, Bennett team up for voting-rights lawsuit

Kansas Secretary of State Kris Kobach (R) is known for his far-right antics targeting immigrants. Arizona Secretary of State Ken Bennett (R) is perhaps best

Arizona Secretary of State Ken Bennett (R)
Arizona Secretary of State Ken Bennett (R)

And why would Kobach and Bennett pursue this course? Because it’s the approach Justice Antonin Scalia

[D]uring oral arguments in March, Scalia expressed his bafflement that Arizona did not launch a broader assault on the constitutionality of the NVRA form, written by the Election Assistance Commission. The state simply contended in that case that its proof of citizenship law did not violate the federal law. Even Scalia disagreed with that, voting against Arizona in the ruling, but also giving them a valuable tip in his 7-2 majority opinion.

“We hold that [the NVRA] precludes Arizona from requiring a Federal Form applicant to submit information beyond that required by the form itself,” Scalia wrote in the June decision. “Arizona may, however, request anew that the EAC include such a requirement among the Federal Form’s state-specific instructions, and may seek judicial review of the EAC’s decision under the Administrative Procedure Act.”

As for the problem Kobach and Bennett are so eager to fix, it doesn’t appear to exist — there is no epidemic of non-citizens registering to vote in Kansas, Arizona, or any other state.

So why bother with federal lawsuits and desperate attempts to change federal forms? Because the far-right drive to make it harder for people to vote apparently has no limits.

Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."