Kansas: Kris Kobach proposes voting-machine audits, files new voter fraud cases | The Kansas City Star

Kansas Secretary of State Kris Kobach on Monday unveiled a plan that would require counties to perform audits of voting equipment for all elections starting in 2017. The proposal would provide for a percentage of precincts or districts to be manually audited after election day election day and before the vote is certified by county officials. Kobach presented his bill to the House Elections Committee, calling it a “robust” plan that would allow for a broader audit if discrepancies were found. “It goes well beyond what most states do,” Kobach said. Kobach had come under fire when he turned down requests from Beth Clarkson, a Wichita State University statistician, to review Sedgwick County voting machine tapes from 2014. Clarkson said she had identified anomalies in election results.

Kansas: Statistician’s lawyer says votes audit is vital, each 1 counts | Associated Press

A Wichita mathematician who found statistical anomalies in 2014 election counts will dispute efforts by election officials to block her request to audit voting machine results because all voters should be sure that their votes will count, her lawyer said Wednesday. Wichita State University statistician Beth Clarkson filed an open records lawsuit in February 2015 in her personal quest to find the answer to an unexplained pattern that transcends elections and states. She wants the voting machine tapes so she can establish a statistical model by checking the error rate on electronic voting machines used at a Sedgwick County voting station during the November 2014 general election. Sedgwick County officials filed a motion earlier this month asking Sedgwick County District Court to summarily dismiss her lawsuit. Judge William Woolley will hear arguments Feb. 18. The case is set for trial on March 22.

Kansas: Kobach: No plans to ask lawmakers for dual-registration law | Associated Press

Kansas Secretary of State Kris Kobach said Wednesday that he has no plans to ask lawmakers to ban voters who registered with a federal form from casting ballots in state and local elections. Instead, he said he may appeal or ask a judge to reconsider a state court's ruling last week that he had no legal right to institute the state's "dual registration" system, in which those who register using a federal form that doesn't require proof of U.S. citizenship may only vote in federal races. Under that system, voters may only cast ballots in state and local races if they register using the state form, which requires proof of citizenship.

Kansas: Judge rules Kris Kobach can’t operate two-tier election system in Kansas | The Kansas City Star

Kansas Secretary of State Kris Kobach can’t operate a two-tier voting system that allows him to count only votes cast in federal races for voters who registered using a federal form, a state judge ruled Friday. “There’s just no authority for the way the secretary of state has handled federal form registrants,” said Doug Bonney of the American Civil Liberties Union of Kansas, which represented plaintiffs in the case. Kobach championed a 2013 Kansas law that requires those registering to vote to provide proof-of-citizenship documents, typically a birth certificate or passport. But the federal registration form only requires a sworn statement from the voter as proof of citizenship.

Kansas: Judge: Kobach had no authority to encumber voting | Associated Press

Kansas Secretary of State Kris Kobach has no legal right to bar voters who use a federal form to register from casting ballots in local and state elections, a judge ruled Friday. The summary judgment in Shawnee County District Court came in a lawsuit in which two Kansas voters challenged the so-called "dual registration" system for voters, where those who register to vote using a federal form — which doesn't require voters to show proof of U.S. citizenship — may only vote in federal races. Voters may only cast ballots in state and local races if they register using the state form, which requires proof of citizenship. The court found the right to vote under current Kansas law is not tied to the method of registration.

Kansas: Judge rules Kris Kobach can’t operate two-tier election system in Kansas | The Kansas City Star

Kansas Secretary of State Kris Kobach can’t operate a two-tier voting system that allows him to count only votes cast in federal races for voters who registered using a federal form, a state judge ruled Friday. “There’s just no authority for the way the secretary of state has handled federal form registrants,” said Doug Bonney of the American Civil Liberties Union of Kansas, which represented plaintiffs in the case. Kobach championed a 2013 Kansas law that requires those registering to vote to provide proof-of-citizenship documents, typically a birth certificate or passport. But the federal registration form only requires a sworn statement from the voter as proof of citizenship. So Kobach decided that for those who use the federal form to register rather than the state form, only their votes for national offices — for president and members of Congress — would be counted. Votes in other races wouldn’t be counted.

Kansas: New plaintiff seeks to join suit challenging proof of citizenship law | Lawrence Journal World

Attorneys in a federal lawsuit challenging Kansas' proof of citizenship voting law are seeking to add another plaintiff in the case as part of their effort to turn it into a class action lawsuit. Last week, attorneys filed a motion to amend their complaint, adding a 20-year-old Kansas University student, Parker Bednasek, as a plaintiff. If approved, he would serve as a representative of all members of the class of people whose voter registrations are being blocked for failure to show valid proof of U.S. citizenship. Plaintiffs are asking the court to declare the proof of citizenship law unconstitutional. They are also asking for an injunction to prevent the state from enforcing a new regulation that requires county election officers to cancel all incomplete applications after 90 days.

Kansas: League of Women Voters keeps close eye on incomplete voter registrations | Topeka Capital Journal

The League of Women Voters of Kansas has requested from the state an updated list of incomplete voter applications and intends to revisit the matter quarterly. Co-president Carole Neal said her group expects to complete a fresh analysis of pending applications next month. In 2013, Kansas began requiring proof of citizenship for voter registration. This October, Kansas Secretary of State Kris Kobach called for applications to be canceled if kept on file for 90 days or longer without the applicant meeting paperwork requirements. There were more than 30,000 names on the list at the time. When the nonpartisan League of Women Voters analyzed the list and found a third of the names were people under the age of 30 — a fact that surprised them — they increased outreach efforts that target college students and high-schoolers. This includes collaborating with faculty at Washburn University, Wichita State, Emporia State and Fort Hays State universities to incorporate curriculum related to voter registration into political science classes. It also includes visiting high schools to discuss registration and the right to vote.

Kansas: Judge rejects voter’s request for dismissal in Kobach fraud case | The Wichita Eagle

A Sherman County magistrate judge rejected an argument Monday that Secretary of State Kris Kobach needs to personally prosecute voter fraud cases under a new statute. Lincoln Wilson faces felony charges from Kobach’s office accusing him of voting in both Colorado and Kansas in multiple elections – something Wilson admitted to doing and said he thought he was allowed to do in an October interview with The Eagle. His attorney, Jeff Mason, tried to get the case thrown out of court on the grounds that Assistant Secretary of State Eric Rucker is prosecuting the case rather than Kobach himself. The statute refers only to the secretary of state, Mason argued.

Kansas: EAC lures election commissioner Brian Newby | The Kansas City Star

The Kansas Secretary of State has begun the process of finding an election commissioner to replace Brian Newby, who for the past 10 years has overseen elections in Johnson County. Newby has taken a job as the executive director of the U.S. Election Assistance Commission. Newby’s last day as the top election official in Johnson County was Nov. 13. His replacement will be appointed by the Kansas Secretary of State’s office. There is no interim county election commissioner in the meantime. The vacancy has been advertised by the Secretary of State’s office, which has an online site to submit resumes and cover letters. Qualified applicants have to have lived in the county for at least two years. Applications will close Friday.

Kansas: Kobach, public await actions by two courts on proof of citizenship law | Lawrence Journal World

Two separate courts are expected to act soon on lawsuits challenging a controversial state law requiring new voters to show proof of U.S. citizenship in order to register to vote. Since the law took effect in 2013, more than 32,000 Kansans have had their registrations placed “in suspense” because they failed to provide the required citizenship proof. And now, under a new regulation by Secretary of State Kris Kobach, state and county election officers are actively purging the suspense voter list of any applications that have been pending for more than 90 days. On Dec. 4, a federal judge in Kansas City, Kan., will hold a hearing in a case seeking to block election officials from doing tha

Kansas: Black leaders in Kansas call for Election Day voter registration | The Wichita Eagle

African-American leaders in Kansas want the state to allow people to register to vote on Election Day. The proposal included in the Kansas Black Leadership Council’s 2016 legislative agenda is a response to the state’s requirement that people provide proof of citizenship, such as a birth certificate or passport, in order to register to vote. People who do not do so when they try to register at the DMV, for example, are placed in suspended status until they provide documention.

Kansas: Want To Get Out Of ‘Voter Purgatory’ In Kansas? Try Suing. | Huffington Post

To get out of voter registration "purgatory" in Kansas, it helps to sue. That's what two young men and their attorneys found when they took Secretary of State Kris Kobach (R) to court over a state law that requires residents to present proof of citizenship documents in order to vote in state and federal elections. If a Kansan registers to vote but does not provide one of 13 valid proof-of-citizenship documents, such as a birth certificate or passport, he or she is placed on a so-called “suspense” list. Just three other states in the country have such a requirement on the books, and Kansas and Arizona are the only states enforcing it. About 36,000 Kansans were in this state of "voter purgatory" as of early October. For comparison, the state has 1.7 million registered voters.

Kansas: Lawyers in voter registration lawsuit against Kobach ask for class-action status | The Wichita Eagle

A court challenge by two Douglas County residents against Kansas Secretary of State Kris Kobach could become a class-action suit that represents many of the 36,000 people slated to have their incomplete voter registrations canceled. Lawyers for Cody Keener and Alder Cromwell filed an amendment Tuesday to make the change. Kobach has asked the federal court to dismiss the case because Keener and Cromwell are now registered to vote. His office registered them by obtaining proof-of-citizenship documents on their behalf, which is allowed by the registration statute. Will Lawrence, attorney for Cromwell and Keener, said their case remains valid despite Kobach’s subsequent action to register them. “But we also realize this case involves tens of thousands of Kansans who have ended up on the suspended voter list and are ultimately to be denied the right to vote,” Lawrence said. Craig McCullah, Kobach’s spokesman, said Thursday the office was reviewing the class-action request and had no comment yet.

Kansas: Kris Kobach’s office registers two suspended voters, files motion to dismiss lawsuit | The Wichita Eagle

Secretary of State Kris Kobach’s office has registered two suspended voters suing him in federal court and contends that the case should now be thrown out. The lawsuit, filed by a pair of Douglas County residents whose voter registrations were suspended, challenges the state’s requirement that people show proof of citizenship in order to vote. But the case should be dismissed because the plaintiffs have been registered to vote, Kobach’s office said in a motion filed in federal court Tuesday. Kobach’s office registered them after the lawsuit was brought in late September. “Although Mr. Cromwell and Mr. Keener did not present proof of citizenship to the relevant county election officer to complete their registrations, Kansas law provides that the Secretary of State and the county election officers may obtain proof of citizenship on behalf of applicants for voter registration,” Kobach’s attorney, Garrett Roe, stated in a brief.

Kansas: Attorney for Sherman County man facing voter fraud charges seeks to dismiss case | The Wichita Eagle

The attorney for a Sherman County man accused of voter fraud says the case should be dismissed because Secretary of State Kris Kobach is not personally prosecuting it. Kobach’s office charged three people with voter fraud last month after the Legislature made him the only secretary of state in the nation with prosecutorial power. The prosecutions have generated national attention and debate. Lincoln Wilson faces felony charges. He is accused of voting in both Yuma County, Colo., and Sherman County in western Kansas. His lawyer, Jeff Mason, is seeking to have the case dismissed based on his interpretation that “the statute requires that everything be done by Mr. Kobach as secretary of state.”

Kansas: Former Olathe couple among those charged with voter fraud by Kris Kobach | The Kansas City Star

An Olathe couple charged in a Kansas voter fraud case made a voting mistake during the confusion of a retirement move to Arkansas, their lawyer said Wednesday. “They’re very good people,” said Trey Pettlon. He is representing Steven and Betty Gaedtke in the cases filed against them recently by Kansas Secretary of State Kris Kobach. Pettlon said the couple applied for advance voting ballots in Johnson County for the 2010 general election and submitted them. Meanwhile, they were traveling back and forth between their Olathe home and their new residence in Arkansas over several months, sorting and moving their belongings. During that time, they voted in person in Arkansas. “It was a stressful time for them and in the confusion they made a mistake,” Pettlon said. “They weren’t stuffing ballot boxes or anything.”

Kansas: State agency spokeswoman calls League of Women Voters ‘left-wing’ agitators | The Wichita Eagle

A Brownback administration spokeswoman criticized the League of Women Voters on social media for promoting a college course aimed at registering to students to vote. The League is partnering with professors at Washburn, Emporia State and Fort Hays State universities to develop a lesson plan on Kansas voting laws that can be taught over a day or a week with the goal of helping college students successfully register to vote and enabling them to help their peers do the same. Angela de Rocha, spokeswoman for the Kansas Department for Aging and Disability Services, panned the idea on Facebook. “So it takes an entire semester to learn how to register to vote. Really?” de Rocha wrote on Facebook around noon on Monday. “Do we want these slow learners voting? Or is this a stealth course paid for by taxpayers to train left-wing ‘community organizers’ like the League of Women Voters on how to agitate?”

Kansas: Secretary of state dismissed from lawsuit seeking voting machine tapes | Associated Press

The top election official in Kansas was dismissed as a defendant from the lawsuit filed by a Wichita mathematician seeking voting machine tapes after finding statistical anomalies in election counts. Kansas Secretary of State Kris Kobach said in a statement Thursday he was pleased but not surprised. The move leaves Sedgwick County Elections Commissioner Tabitha Lehman, whose office actually has the tapes, as the only defendant in the case.

Kansas: Kansas May Be The Toughest Place to Vote in America | The Takeaway

Of the 239 million American people who are of voting age, a little more than half—only about 142 million—were registered to vote in 2014. For people in the state of Kansas, their voter registration process is a bit more difficult in the lead up to this election season, thanks in part to the Secure and Fair Elections Act, also known as the SAFE Act. The law, sponsored by Kansas Secretary of State Kris Kobach, requires potential voters to provide proof of U.S. citizenship when registering. In all states, voting in federal elections is limited to U.S. citizens, but requirements for voting vary state by state. In the least restrictive states, like New Jersey, for instance, a signature verification is the only requirement for registration. Other states are stricter—Texas requires a government-issued photo ID like a driver's license.

Kansas: Kansas unusual in giving elections chief power to prosecute | Associated Press

Kansas is unique among U.S. states in recently granting its top elections official the power to prosecute alleged voting irregularities himself, and Republican Secretary of State Kris Kobach is looking to move a contentious national debate past tough voter identification laws. Kobach's office earlier this month filed three election fraud cases in two counties, accusing the defendants of illegally voting in Kansas while casting ballots in the same elections in other states. The law allowing his office to do so — instead of forwarding evidence to prosecutors — took effect in July, and Kobach has promised to pursue more cases in the next two months. It's not yet clear whether other states will follow Kansas' example, though Alabama's secretary of state broached the subject with top lawmakers in his state earlier this year. The Republican-dominated Kansas Legislature, which heeded Kobach's call to give the state some of the nation's toughest voter identification laws, took four years to expand the power of his office.

Kansas: Lawsuit over possible voting machine “anomalies” in Sedgwick County moves forward | KSN

There is now a trial date set to get voting results tested in Sedgwick County. Local Certified Quality Engineer Beth Clarkson is suing Sedgwick County Elections Commissioner, Tabitha Lehman. Clarkson wants to find out if there could be election fraud in Sedgwick County. Or, possible problems with the electronic voting machines. “I’m really concerned that our voting system has been undermined by these voting machines,” says Clarkson. “And I think we’ve got to do something about it if that’s the case.” Clarkson wants an anonymous sample of the paper tapes that tabulate elections results. She says there are statistical anomalies with the electronic voting machines. Secretary of State Kris Kobach was part of the lawsuit. But at a hearing before a judge on Monday, Kobach was dropped from the lawsuit.

Kansas: Kobach’s voter prosecutions draw scrutiny to proof-of-citzenship requirement | The Wichita Eagle

Kansas’ proof-of-citizenship law would have done nothing to prevent the type of voter fraud Secretary of State Kris Kobach alleges three people committed in recent elections. Kobach’s office announced three prosecutions last week of people he says double voted – casting ballots in more than one jurisdiction – after the Legislature and Gov. Sam Brownback granted him prosecutorial power earlier this year. Kobach is the only secretary of state in the nation with such authority. The misdemeanor charges against a pair of Republican voters in Johnson County and a felony case against a Sherman County man, whom Kobach calls a serial double voter, come after several years of Kobach warning of the threat of voter fraud to Kansas elections and pushing for stricter voting laws. Kobach’s critics have argued, with a strong dose of derision, that the fact that he has filed only three cases is proof that the threat of voter fraud has been overstated. But Kobach has said that he plans to file more cases over the next two months.

Kansas: Statistician gets support for suit over voting machine tapes | Associated Press

A Wichita State University statistician seeking to audit voting machine tapes after finding statistical anomalies in election counts is garnering legal and other support as she pursues her lawsuit. Beth Clarkson had been pursuing the case herself, but now a Wichita lawyer has taken up her cause. Other supporters have helped set up a nonprofit foundation and an online crowdsourcing effort. A Sedgwick County judge is expected to set a trial date and filing deadlines on Monday. Clarkson, chief statistician for the university's National Institute for Aviation Research, filed the open records lawsuit as part of her personal quest to find the answer to an unexplained pattern that transcends elections and states. She wants the tapes so she can establish a statistical model by checking the error rate on electronic voting machines used at a Sedgwick County voting station during the November 2014 general election. But top election officials for Kansas and Sedgwick County have asked the Sedgwick County District Court to block the release of voting machine tapes.

Kansas: Voter ID Law Sets Off a New Battle Over Registration | The New York Times

Amelia Flores, a high school senior with plans to become an electrical engineer, eagerly filled out a form to register to vote for the first time at the Kansas State Fair last month. But she left the fair without registering, stymied by a state law championed by Republicans who dominate elected offices in Kansas that requires her to provide proof of citizenship. “I think it’s ridiculous and restrictive,” said Ms. Flores, who later received a notice in the mail informing her that she must produce a birth certificate or other proof of citizenship to complete the registration. “A lot of people are working multiple jobs, so they don’t have time to get this stuff done. Some of them don’t have access to their birth certificate.” Ms. Flores, who said she was born in Washington State, unwittingly joined a list of more than 36,000 people in Kansas who have tried to register to vote since the law went into effect in 2013, but then did not complete their registration. This month, under a rule adopted by the Kansas secretary of state’s office, county election officials throughout the state began to cull names from the voters list, removing people who had been on it at least 90 days. Those removed from the list must start the registration process over in order to vote.

Kansas: Thousands Of Kansans In Voter Limbo As Fight Rages Over Proof-Of-Citizenship Law | KCUR

In Kansas, you have to show proof that you are a U.S. citizen to register to vote, and that requirement has held up tens of thousands of registrations and produced an enormous list of would-be voters who are essentially in limbo — all because they haven’t shown a birth certificate or passport. Now Kansas’ top elections official in Kansas wants that list purged, and that’s leading to a fight. Like a lot of people, Cody Keener registered to vote for the first time at the Division of Motor Vehicles. Keener is 21 and comes from a long line of Kansans. So he figured he was set to both drive and vote, but he was wrong. He recently learned that his registration is incomplete because he hasn’t shown proof that he’s a U.S. citizen. “It’s very discouraging to young people,” says Keener. “I’m a full-time student, I work anywhere from 20 to 30 hours a week.”

Kansas: Man in voter fraud case says charge surprised him | Lawrence Journal World

One of three people charged with voter fraud by the secretary of state in Kansas acknowledged voting in two states where he lives, but said he didn't think he was doing anything wrong. Lincoln L. Wilson, who faces three felony counts, was registered both in Goodland in northwest Kansas' Sherman County and in Hale, Colorado. Records indicate the 64-year-old Republican voted in both states in the same elections in 2010, 2012 and 2014. Wilson told The Wichita Eagle he lives part time in Sherman County and part time in Yuma County, Colorado, which borders Kansas. He said he owns several real estate properties in each state and believed he was restricted to voting in only one county in each of those states.

Kansas: Kris Kobach files to prosecute three voter fraud cases in Kansas | The Wichita Eagle

Kansas Secretary of State Kris Kobach has filed criminal charges against three people he says committed voter fraud in the 2010 election. They are the first charges filed since the Legislature granted Kobach prosecutorial power earlier this year. Gov. Sam Brownback signed the bill making Kobach the only secretary of state in the nation to have such authority in June. Kobach filed two criminal cases in Johnson County and one in Sherman County on Friday. His office released the criminal complaints on Tuesday. The felony complaint against Lincoln L. Wilson in Sherman County, which borders Colorado, alleges that he perjured himself on voting forms and voted in 2010, 2012 and 2014 despite not being lawfully registered. His first appearance in court is set for Nov. 3.

Kansas: Judge sets Dec. 4 hearing on request to block voter record cancellations | Associated Press

County election officials in Kansas are likely to have canceled thousands of incomplete voter registrations when a federal judge has the next hearing in a lawsuit challenging the culling of records ordered by Secretary of State Kris Kobach. U.S. District Court Judge Julie Robinson on Wednesday set a Dec. 4 hearing on a request from two young northeast Kansas residents to block the cancellations while their suit goes forward. Their registrations are incomplete because they’ve failed to comply with a 2013 law requiring new voters to provide a birth certificate, passport or other papers documenting their U.S. citizenship when registering. The two also want Robinson to block enforcement of the proof-of-citizenship requirement — the reason behind most of the 37,700 registrations that were incomplete as of last week. Kobach imposed a rule that took effect Friday, directing counties to cancel more than 31,000 registrations that were incomplete for more than 90 days. Robinson set the hearing in December to allow the Republican secretary of state to file a written response to the lawsuit and to permit the attorneys representing the two prospective voters to follow with a written answer. Robinson said during a teleconference with the attorneys that she’ll interrupt an ongoing trial to have the hearing in Kansas City, Kan.

Kansas: Culling voter records to take weeks in some Kansas counties | Associated Press

Some Kansas counties expect to take at least several weeks to cancel incomplete voter registrations from residents who haven't documented their U.S. citizenship, local election officials said Monday. Local officials also said even when they're done culling the more than 31,000 records as required under a new rule from Secretary of State Kris Kobach, the canceled registrations still will be accessible in their voter registration databases. Kobach has directed counties to cancel incomplete registrations older than 90 days, with most from prospective voters who haven't met the proof-of-citizenship requirement. A 2013 state law requires new voters to produce a birth certificate, passport or other citizenship papers when registering. Kansas is only one of four states with such a law, and its incomplete registrations ballooned to nearly 37,700 last week.