Rule of Law

Meet the Federal Bureaucrat Who Would Not Let Kansas Prevent Foreigners From Voting

The Supreme Court has been asked to allow Kansas and Arizona to verify that only United States citizens are registering to vote in those states. (See PJ Tatler’s coverage here). Unfortunately, a single federal bureaucrat refused to allow the two states to weed out non-citizens trying to register to vote.

Meet Alice Miller, the acting executive director of the Election Assistance Commission.

Miller alone, from her inside-the-Beltway office, refused to amend the Kansas and Arizona version of a federal voter registration form to include state laws requiring proof of citizenship. Backed by a swarm of left-wing groups, Miller, by herself, made it easier for foreigners to vote in Kansas and Arizona.

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You might wonder how a single federal bureaucrat could have so much power over how elections are run in Kansas and Arizona. Federal law, commonly known as Motor Voter, requires states to accept a form drawn up by the Election Assistance Commission to register voters in their state. But states can ask the Election Assistance Commission (EAC) to revise the version for their state to include state qualification laws. In Kansas and Arizona, registrants must establish that they are citizens to be qualified to register. When Kansas and Arizona asked the EAC to print new forms with those state law requirements, Miller refused.

Kansas and Arizona sued, and a federal court ordered the EAC to reprint the forms. However, the Tenth Circuit Court of Appeals reversed and held that Miller had the power to deny Kansas and Arizona new forms.

The Supreme Court has been asked to take the case, a case which implicates both the integrity of American elections as well as the reach of federal bureaucrats.

Normally, the commissioners at the EAC decide what versions of a form the states can use, but the EAC lacked a quorum. Into this vacuum swept Miller.

The Public Interest Legal Foundation has filed an amicus brief for the American Civil Rights Union with the Supreme Court. The brief asks the Court to take the case and to restore the constitutional balance which Miller has disrupted.

Once source familiar with Miller’s power grab tells PJ Media:

There was no Executive Director at the EAC. She was a line staff member who was illegitimately thrust into an “acting” executive director role by a “line of succession” document written by the General Counsel, who was in the Acting Executive Director position when he wrote it. That line of succession policy was never voted on by the Commission. So, there are layers of illegitimacy here that Alice Miller and the Holder DOJ relied on for her authority to make a decision in this case. Adding state law updates to the form instructions should be a ministerial function of the EAC, just as it has been when performed by the FEC when it was assigned this function.

So who is Alice Miller?

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Her LinkedIn page now lists her as the “Chief Operating Officer” of the Election Assistance Commission. Before she was at the EAC, Miller was the general counsel for the District of Columbia “Board of Elections and Ethics.” Essentially, she ran elections in the District of Columbia. She serves on the board of directors of the Election Center. She graduated from Northwestern Law School and Boston College.

In 2004, Miller called for a more “holistic approach to ensuring that elections are useable, secure and reliable.” Her holistic approach apparently doesn’t worry about foreigners voting in American elections.

Republicans in Congress interested in clean elections where foreigners don’t vote might consider either eliminating the Election Assistance Commission, or funding it minus one position currently held by a federal bureaucrat who made our elections less secure.