Kansas Supreme Court Issues Mixed Ruling on Election Law Challenges

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ICARO Media Group
Politics
01/06/2024 16h42

In a recent ruling, the Kansas Supreme Court delivered a mixed verdict on various challenges to the state's 2021 election law. While the court sided with state officials on one provision, they also revived challenges to other aspects of the law, raising the possibility of halting certain provisions before this year's general election.

The most contentious issue addressed by the court was the ballot signature verification measure. The majority opinion stated that there is no right to vote enshrined in the Kansas Constitution's Bill of Rights. This declaration drew fiery dissent from three of the court's seven justices, who strongly disagreed, arguing that Kansas citizens do indeed have a fundamental right to vote under the state constitution.

On the other hand, the court unanimously sided with challengers of a provision that criminalizes the appearance of being an election official. Voting rights groups, including the Kansas League of Women Voters and the nonprofit Loud Light, had argued that this provision hinders free speech and their ability to register voters. The court found fault with the law, deeming it to be a suppression of protected speech that could lead to misunderstandings. As a result, the court ordered the lower court to reconsider issuing an emergency injunction against this provision.

The joint statement of Kansas Secretary of State Scott Schwab and Attorney General Kris Kobach focused on the court's validation of the signature verification requirement and the provision limiting individuals to collecting no more than 10 advance ballots for submission to election officials. They deemed this ruling as a preservation of reasonable election security measures in Kansas.

Supporters of the ballot collection restriction argue that it combats "ballot harvesting" and limits voter fraud. The GOP-led Legislature passed this measure despite a veto by Democratic Governor Laura Kelly. Critics view it as a Republican response to baseless claims about the validity of the 2020 election, sparking a wave of misinformation and voter suppression laws across the country.

This ruling has significant implications for Kansas voters. While the court rejected the notion of a constitutional right to vote, it also upheld a provision that may restrict the ability of volunteers to register voters. The legal battles over these election laws are far from over, and their impact on the upcoming general election remains uncertain.

The Kansas League of Women Voters and Loud Light expressed hope that the lower court will block the false impersonation law, allowing them to resume voter registration activities ahead of the general election. Meanwhile, Kobach defended the court's decision, asserting that the signature verification requirement is a legitimate measure to ensure voter integrity.

As Kansas prepares for the upcoming election, the state's election laws continue to be a subject of debate, sparking conversations around voter rights, election security, and the balance between protecting against fraud and preserving democratic participation.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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