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U.S. Court Upholds Voter Law : Appeals: Judges rule Congress can impose registration rules. Gov. Wilson had challenged ‘motor voter’ legislation as violation of states’ rights.

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TIMES LEGAL AFFAIRS WRITER

A conservative panel of the U.S. 9th Circuit Court of Appeals, rejecting a challenge by Gov. Pete Wilson, Monday upheld the “motor voter” law requiring California to expand opportunities to register to vote.

The unanimous decision by the three-member panel means that the Wilson Administration must continue implementing the federal law that allows residents to register in motor vehicle, public assistance and other state offices.

The law, passed by Congress, took effect in January, but was not implemented in California until last month because of court challenges by Wilson. He now plans to appeal the 9th Circuit decision to the U.S. Supreme Court.

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“This case is the next logical step for the Supreme Court to take in restoring federalism,” said Daniel M. Kolkey, Wilson’s legal affairs secretary. “If the federal government can actually tell state-paid employees what their job responsibilities are, you undermine state sovereignty to a tremendous degree.”

But advocates of expanded voter registration said they doubted that Wilson will obtain high court review. “Every court that has ruled [on] the issue has ruled in the same direction, which is upholding the act,” said Mei Lin Kwan-Gett, a lawyer for the American Civil Liberties Union of Southern California.

She estimated that 50% to 70% of eligible voters in California are now registered and predicted the law will raise that figure to 95%. Florida saw its voter registration rise by about 700,000 since putting the law into effect.

From mid-June, when the law became effective in California, until June 30, the California Department of Motor Vehicles registered 27,000 people and helped another 14,000 registrants with address changes, Deputy Atty. Gen. Cyrus J. Rickards said.

A spokeswoman for the secretary of state said California will not have a complete count of new registrants until next week. Wilson has estimated that the law will cost the state $18 million.

Wilson was one of a few Republican governors who have balked at implementing the voter act, contending it usurps state rights. Passed by a Democratic Congress, the law presumably will help Democratic candidates by raising voter participation of minorities and lower-income residents.

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“This is not a liberal-conservative issue,” said Robert Rubin, who defended the law on behalf of the Lawyers Committee for Civil Rights. “This is a good government issue, and this is an issue that involves the broad power of Congress to control federal elections.”

The 9th Circuit held that Congress has the power under the U.S. Constitution to oversee the time, place and manner of federal elections.

“Congress may conscript state agencies to carry out voter registration for the election of representatives and senators,” wrote Judge Joseph T. Sneed for the court. “The exercise of that power by Congress is by its terms intended to be borne by the states without compensation.”

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