Kansas Supreme Court Ruling Limits Voting Rights, Overturns Impersonation Law
ICARO Media Group
In a controversial decision, the Kansas Supreme Court has ruled that the state's residents do not have an explicit right to vote under its constitution. The ruling came as a result of the court's consideration of a ballot signature-verification measure, which requires election officials to compare the signatures on advance mail-in ballots to voters' registration records.
The court, with a majority of four justices to three, overturned a lower court's dismissal of a lawsuit challenging the ballot signature-verification measure. The majority argued that the court failed to identify a "fundamental right to vote" within the state's constitution. Justice Caleb Stegall, writing for the majority, emphasized that the dissenting justices' accusations of disregarding precedent were unfounded, stating that the "fundamental right to vote" simply does not exist in the state constitution.
Notably, this finding is in contradiction with the United States Constitution, which explicitly guarantees the right to vote for citizens. Justice Eric Rosen, one of the dissenting justices, expressed his disbelief at the ruling, stating that it was a betrayal of the court's constitutional duty to safeguard the foundational rights of Kansans.
However, in a unanimous decision, the Kansas Supreme Court sided with voting rights groups in a separate challenge to a provision that criminalized impersonation of an election official. Organizations such as the Kansas League of Women Voters and the non-profit Loud Light argued that the provision suppressed free speech and hindered their ability to register voters, as volunteers could be mistaken for election workers and face prosecution.
The high court found fault with the law, noting that it lacked a requirement for prosecutors to prove intent by a voter registration volunteer to misrepresent themselves as an election official. Justice Stegall, in the majority opinion, argued that the law unjustly criminalized honest speech and would inevitably lead to occasional misunderstandings. Consequently, the court ordered the lower court to reconsider issuing an emergency injunction against this provision, suggesting that the lawsuit challenging its constitutionality is likely to succeed.
The decision was welcomed by voting rights advocates, who have criticized the law's impact on their crucial voter assistance work ahead of the general election. The Kansas League of Women Voters stated that the provision was ambiguous and threatening, limiting their ability to help voters. Similarly, Loud Light's executive director expressed hope that the lower court would halt the harmful effects of the law and allow them to resume voter registration.
Meanwhile, Kansas Secretary of State Scott Schwab and Attorney General Kris Kobach focused on the court's affirmation of the signature-verification law and its upholding of the provision limiting the number of advance ballots individuals can collect to ten. They praised the ruling as a means to preserve reasonable election security laws in the state.
Supporters of the ballot collection restriction argue that it combats "ballot harvesting" and restricts voter fraud. However, critics claim that such laws are a response to baseless claims of election fraud in the 2020 presidential election and contribute to voter suppression efforts across the country.
As the ruling impacts voting rights in Kansas and raises concerns about the limitations imposed on citizens, it is likely to continue fueling the ongoing debate on fair and accessible elections across the United States.