Kansas: Brownback signs election bill, gives Kobach prosecutorial authority | The Wichita Eagle The Wichita Eagle

Gov. Sam Brownback has officially given Secretary of State Kris Kobach the power to prosecute. The governor signed SB 34 at a ceremony Monday, granting the secretary of state the authority to prosecute voter fraud. Kobach, who crafted and pushed for the legislation, said his office has already begun preliminary work on investigations and said he had identified more than 100 possible cases of double voting. He said his office has started requesting voters’ signatures from counties as evidence.

Kansas: Brownback May Empower Kris Kobach To Prosecute ‘Voter Fraud’ Cases Himself | TPM

Kansas Gov. Sam Brownback (R) has five days before he must decide whether to sign a bill expanding the power of Secretary of State Kris Kobach (R) to prosecute voter fraud cases. If Brownback does sign the legislation, which has already passed both chambers of the state legislature, Kobach would be given the power to prosecute voter fraud cases even when, according to critics, local prosecutors had opted against moving forward with those cases. Kobach is a prominent figure in conservative “voter fraud” circles, loudly declaring that voter fraud is rampant and pushing new laws that have the effect of restricting access to voting, especially among voters who tend to favor Democrats. Voting experts, on the other hand, point to studies that show voter fraud is relatively rare with negligible impact on election outcomes.

Kansas: Bill to give Kobach prosecutorial power receives early House approval in close vote | Topeka Capital-Journal

Secretary of State Kris Kobach would have new powers to prosecute election crimes under legislation given initial approval Wednesday in a razor-thin House vote. The House gave an early OK to Senate Bill 34 in a 63-57 vote. If the House now approves the bill in a final vote it will go to Gov. Sam Brownback. But the outcome of the final vote — which requires 63 votes — seems far from certain. Multiple Democrats voted in favor of the bill in a failed effort to use a procedural maneuver to later kill the bill. At least two Republicans who would likely vote in favor of the bill were absent. Kobach has sought the power to prosecute for some time. He fought his re-election campaign against Democrat Jean Schodorf portraying himself as tough on voter fraud. The bill also would upgrade penalties for several voting offenses to felonies from misdemeanors.

Kansas: State GOP chairman urges Republicans to support election law changes | The Wichita Eagle

The chairman of the Kansas Republican Party is urging GOP lawmakers to support election law changes that he says are “critical to the Kansas Republican Party.” Kelly Arnold, the state GOP chairman, sent Republican House members an e-mail asking them to support HB 2104. … The bill would push local elections to the fall of odd-numbered years and eliminate presidential primaries in the state. Kansas hasn’t held a presidential primary since 1992 and passing the bill would help solidify the caucus system that the GOP has used in recent presidential elections.

Kansas: Lawmakers advance bill to boost secretary of state’s power | Associated Press

Secretary of State Kris Kobach would gain the power to prosecute election fraud under a bill that the Kansas House narrowly gave first-round approval Wednesday. The measure would stiffen penalties for an array of election crimes and add the secretary of state and attorney general to a list of officials allowed to prosecute the offenses. The House expected to take a final vote Thursday. Kobach has pushed to gain the authority since taking office in January 2011 and if approved by the House, the bill would go to Gov. Sam Brownback for his possible signature.

Kansas: House panel advances prosecutor power for Kobach | Topeka Capital-Journal

A Kansas House committee pushed forward legislation Monday to give Secretary of State Kris Kobach the power to prosecute election fraud. The House Judiciary Committee voted 14-8 to send Senate Bill 34 to the floor. The vote marked a revival of the legislation, which was first approved by the the committee in March. Because of parliamentary rules, the panel had to re-approve the bill. Rep. John Rubin, R-Shawnee, said he had initially had some reservations about the legislation. But the secretary of state has unique knowledge about election fraud that makes allowing that office to prosecute appropriate, he said.

Kansas: Kobach PAC now embroiled in state naming-law issue; ‘stupid’ PAC gets letter from ethics panel | The Wichita Eagle

A Wichita group’s effort to form a committee to “fix stupid” in Kansas politics has snagged the state’s top election official, Kris Kobach, who may be running a political action committee that is illegally named. Kobach, the Kansas secretary of state, will be getting a letter from the Kansas Governmental Ethics Commission questioning the legality of using the name “Prairie Fire PAC” for his political fundraising committee, said Carol Williams, executive director of the commission. State law requires PACs that are affiliated with a larger corporation or organization to note that in their name. Unaffiliated PACs must use names indicating who’s involved or the cause the PAC is advocating for, Williams said. Kobach said Wednesday his interpretation is the law doesn’t apply to a PAC like his.

Kansas: New state law to bring voters better access to explanations of ballot questions | Topeka Capital-Journal

A Kansas law passed last year should give voters better access in the future to explanations of municipal ballot questions, deputy Topeka city attorney Mary Feighny indicated Thursday. Feighny responded after readers complained on The Topeka Capital-Journal’s website that a ballot question Topeka voters approved Tuesday wasn’t accompanied by an explanation of what the measure would do. Readers also were critical of the wording of the ballot question. … The ballot question specifically said: “Shall Charter Ordinance No. 114 changing the voting powers of the Mayor entitled: ‘A Charter Ordinance introduced by Deputy Mayor Denise Everhart, amending City of Topeka Code A2-24 concerning the duties of the mayor’ take effect?”

Kansas: Sealing of votes means time is past for researcher seeking paper records, Kobach says of election lawsuit | The Wichita Eagle

Secretary of State Kris Kobach said a researcher wanting to check the accuracy of voting machines from the November election missed her opportunity to do so before the votes were sealed. For the first time, Kobach commented Friday on a lawsuit, in which he is a defendant, involving election results in Sedgwick County. Kobach was added as a defendant Wednesday to a lawsuit brought in the Sedgwick County District Court by Beth Clarkson, the chief statistician for the National Institute for Aviation Research, who is seeking to study the accuracy of reported vote tallies in Sedgwick County. She emphasized that this activity is independent from her duties at the institute.

Kansas: Wichita State mathematician sues Kris Kobach, Sedgwick County elections commisioner seeking court order to audit voting machines | Lincoln Courier-Journal

A Wichita State University mathematician sued the top Kansas election official Wednesday seeking paper tapes from electronic voting machines, an effort to explain statistical anomalies favoring Republicans in counts coming from large precincts across the country. Beth Clarkson, chief statistician for the university’s National Institute for Aviation Research, filed the open records lawsuit in Sedgwick County District Court as part of her personal quest to find the answer to an unexplained pattern that transcends elections and states. The lawsuit was amended Wednesday to name Secretary of State Kris Kobach and Sedgwick County Elections Commissioner Tabitha Lehman.

Kansas: Kris Kobach asks U.S. Supreme Court to restore his proof-of-citizenship law | The Wichita Eagle

Kansas Secretary of State Kris Kobach is asking the U.S. Supreme Court to overturn an appeals court decision and restore a state law he wrote requiring proof-of-citizenship documents to register to vote. Kobach wants the Supreme Court to undo the November decision by the Denver-based 10th Circuit Court of Appeal, in a case pitting Kansas and Arizona against the federal Election Assistance Commission and a bevy of voting rights groups. The appeals court ruled that the states could not require document citizenship proof from prospective voters who register using a federal form that doesn’t demand it – and that the commission doesn’t have to alter the federal registration form to comply with the states’ demands.

Kansas: Lawmakers move to end state’s presidential primaries | Associated Press

Kansas has not held a presidential primary since 1992, and lawmakers are advancing a bill to stop the state from scheduling such a contest every four years. The state Senate gave first-round approval Tuesday to a bill that repeals the law setting the primary on the first Tuesday in April in each presidential election year. A final vote is expected Wednesday. The special election in 2016 would cost an estimated $1.8 million.

Kansas: Senate passes bill restricting candidates from leaving ballot | The Wichita Eagle

Candidates wouldn’t have to die — but they would have to suffer medical hardship or live outside Kansas — in order to be removed from the ballot after winning a primary race under a bill approved Wednesday by the Kansas Senate. House Bill 2104 was drafted by Secretary of State Kris Kobach in response to Democrat Chad Taylor’s withdrawal from the race for U.S. Senate last fall. It originally would have allowed candidates off the ballot only if they died. Democrats pointed out this would mean a candidate who fell into a coma would be forced to remain on the ballot.

Kansas: Senate advances bill giving Kobach power to prosecute election crimes | Lawrence Journal World

The Kansas Senate on Tuesday advanced a bill that would give the secretary of state authority to prosecute election crimes. Senate Bill 34 would also amend current election law by establishing new crimes of attempting to vote more than once in an election, and it increases the severity of some other election crimes. Kansas Secretary of State Kris Kobach, a Republican, has asked for prosecutorial powers in the past, but previous Legislatures have not been willing to go along. Currently, election crimes can be prosecuted by the county or district attorney in the county where the alleged crime took place or by the Kansas attorney general.

Kansas: Senate edges closer to handing prosecutorial power to Kobach on voter fraud | Topeka Capital-Journal

A majority in the Senate deflected opposition from Democrats on Tuesday to legislation granting authority to prosecute alleged crimes of voter fraud with the office of the state’s Republican secretary of state. The bill given first-round approval on a voice vote in the GOP-dominated chamber has been long-sought by Secretary of State Kris Kobach, who expressed discontent with work by county prosecutors in addressing election misconduct. Senate Bill 34 would vest power to prosecute election crimes in district or county attorneys across the state, the Kansas Attorney General Office as well as the Secretary of State’s Office. In addition, the measure headed to a final vote Wednesday would elevate the state’s penalty for a series of voting offenses to felonies rather than misdemeanors.

Kansas: Election bill draws debate | Butler County Times Gazette

If the Kansas Legislature’s proposed bill SB 171 gets passed it would mean local city and school candidates would be required to declare a political party, and there would be primary elections in August followed by the general election in November. Supporters argue fall elections would increase voter turnout and making the elections partisan would tell voters where candidates stand in regards to political platforms. A number of bill proponents testified in Topeka this week at the Senate Ethics and Elections Committee hearing. Clay Barker, executive director of the Kansas Republican Party, expressed his support of SB 171.

Kansas: Prosecutors question Kobach claims of voter fraud in Kansas | Associated Press

Kansas Secretary of State Kris Kobach, the architect behind some of the nation’s strictest voter ID requirements, is asking lawmakers to give him the power to press voter fraud charges because he says prosecutors do not pursue cases he refers. The state’s top federal prosecutor, however, says Kobach has not sent any cases his way. Some county prosecutors say cases that have been referred did not justify prosecution. The conservative Republican publicly chastised Kansas-based U.S. Attorney Barry Grissom late last year, telling Topeka television station WIBW he had referred voter fraud cases to Grissom and that Grissom didn’t “know what he’s talking about” when he said voter fraud doesn’t exist in Kansas. But in a Nov. 6 letter sent from Grissom to Kobach and obtained by The Associated Press through an open records request, the prosecutor responded that his office received no such referrals from Kobach, and chided the secretary of state for his statements. “Going forward, if your office determines there has been an act of voter fraud please forward the matter to me for investigation and prosecution,” Grissom wrote. “Until then, so we can avoid misstatements of facts for the future, for the record, we have received no voter fraud cases from your office in over four and a half years. And, I can assure you, I do know what I’m talking about.” Grissom told the AP last week that Kobach never replied to his letter.

Kansas: Proposed bill would change out-of-state voting | The Salina Post

During the November mid-term election, state Sen. Oletha Faust-Goudeau’s daughter was unable to vote while attending college in Texas. She intended to vote but her advanced ballot did not arrive in the mail until after the election. Last week, the Senate Ethics Committee heard amendments to Senate Bill 41 that would allow students attending a college or university outside the state to vote electronically. Under current Kansas law, voters in the armed services and their families residing outside the U.S. may request to vote through electronic means either through their county elections officer or the secretary of state. SB 41 recognizes that out-of-state residents cannot always vote timely by mail. Faust-Goudeau, D-Wichita, the committee’s ranking minority member, said an electronic voting method would have allowed her daughter and other out-of-state students to cast their votes. “I just see…the students, especially in that age category, casting their vote electronically,” Faust-Goudeau said. “It’s what they do now.”

Kansas: Kobach seeking power to prosecute suspected voter fraud himself | The Wichita Eagle

Kansas Secretary of State Kris Kobach, the architect behind some of the nation’s strictest voter ID requirements, is asking lawmakers to give him the power to press voter fraud charges because he says prosecutors do not pursue cases he refers. The state’s top federal prosecutor, however, says Kobach has not sent any cases his way. Some county prosecutors say cases that have been referred did not justify prosecution. Kobach publicly chastised Kansas-based U.S. Attorney Barry Grissom late last year, telling Topeka television station WIBW he had referred voter fraud cases to Grissom and that Grissom didn’t “know what he’s talking about” when he said voter fraud doesn’t exist in Kansas. But in a Nov. 6 letter sent from Grissom to Kobach and obtained by the Associated Press through an open-records request, the prosecutor responded that his office received no such referrals from Kobach and chided the secretary of state for his statements.

Kansas: Senate elections chairman wants law changes to dilute teacher vote | The Wichita Eagle

The chairman of the state Senate elections committee said Thursday that one of the reasons he wants to move school board and city elections from spring to fall is to dilute the voting power of teachers in low-turnout elections. A spokesman for the state’s largest teachers union said it’s ridiculous to think teachers, who are often in conflict with their school boards, are controlling those elections. Sen. Mitch Holmes, R-St. John, said he wants to reduce teachers unions’ influence in local elections in a news release on a bill he’s calling the “Help Kansas Vote Act.” Holmes, chairman of the Senate Ethics and Elections Committee, introduced the bill in his committee Thursday. “The teachers unions do not want to give up the majority they currently enjoy in low turnout, off-cycle elections,” Holmes said in his release. “But this act is not about protecting incumbency or special interest groups, it is about giving community members representation in local issues.” Holmes did not return a message seeking comment.

Kansas: Bills on straight-party voting, removing candidate from ballot headed to full House | Lawrence Journal-World

A House committee advanced two bills Monday that would change the way elections are conducted, despite objections from Democrats that one of the bills would impose significant costs on county governments. House Bill 2104 would provide that candidates could be removed from the ballot only if they die on or before Sept. 1. And in those cases, the party affiliated with that candidate would be required to name a replacement. Kansas Secretary of State Kris Kobach had asked for the bill, saying it was a response to controversy in the 2014 election when Democrat Chad Taylor was allowed to withdraw from the U.S. Senate race. Taylor’s withdrawal request did not explicitly state that he would be unable to fulfill the duties of that office if he were elected, as required under current law. The Kansas Supreme Court eventually upheld Taylor’s withdrawal anyway, saying it was enough that he cited the relevant statute in his request. And a three-judge district court panel later ruled that the Democratic Party could not be forced to name another candidate, despite a law saying the party “shall” name a replacement in such cases.

Kansas: Kobach pushing bills to limit ballot withdrawals and to allow straight-party voting | Lawrence Journal-World

Candidates would have a much harder time withdrawing from a race after a primary election, but voters would have an easier time casting straight-party ballots under bills that Secretary of State Kris Kobach is urging lawmakers to pass. Kobach appeared before the House Ethics and Elections Committee Wednesday to testify in favor of two bills, including one that he said is a direct response to last year’s controversy over Democrat Chad Taylor’s withdrawal from the U.S. Senate race. “This bill is a direct response to two, what I believe to be erroneous, decisions by Kansas courts interpreting Kansas election law,” Kobach said. Taylor, the Shawnee County district attorney, dropped out of the U.S. Senate race on Sept. 3, a month after winning the Democratic primary. That cleared the way for independent candidate Greg Orman to be the sole challenger to incumbent Sen. Pat Roberts, a Republican.

Kansas: Kobach defends suspended voter list; study shows 59 percent on list are eligible to vote | Topeka Capital-Journal

One percent of people on Kansas’ suspended voter registration list are verified noncitizens, an analysis provided to Secretary of State Kris Kobach shows. But more than half have no factors preventing verification of their voter eligibility. The data analysis, provided to the Secretary of State’s Office by the leader of a conservative group that champions tougher voter verification measures, found 41 percent of individuals on the list have one or more factors preventing Kansas from verifying their eligibility. The suspended voter registration list — which stands at 25,000 — proved a flashpoint in Kobach’s re-election race against Democrat Jean Schodorf. Individuals who register to vote but don’t submit proof of citizenship are placed on the list. Critics of the secretary and Kansas’ voting requirements say the list contains thousands of Kansans who should be able to vote. Kobach, who has devoted his time as secretary of state to championing policies he says are needed to combat voter fraud, has referenced the analysis while speaking to lawmakers — but also has declined to provide it to either them or the public. The Topeka Capital-Journal obtained the document through an open records request, however.

Kansas: Kris Kobach proposes bills to return straight-ticket voting, change election-withdraw procedure | The Wichita Eagle

Secretary of State Kris Kobach proposed two election bills Wednesday, one to bring back straight-ticket party voting and another that would make death the only excuse for a candidate’s name to be withdrawn from an election. The two bills are in addition to his ongoing effort to convince the Legislature to let him prosecute voting fraud. A straight-ticket system allows voters to check a single box with the name of a political party to cast a vote for every member of that party on the ballot. Kobach said he wants to bring back the straight-ticket option to cut down on the number of voters who come to the polls, vote in the major races and leave the rest of the ballot blank.

Kansas: Dumping judges at the polls emerges as a high-stakes political drama | The Kansas City Star

Kansas voters this year came close to doing something they never have before: booting a state Supreme Court justice off the bench. Justices Eric Rosen and Lee Johnson ultimately kept their jobs in an unusually high-profile retention election, the kind that ordinarily tends to draw scant attention at the bottom of the ballot. Yet judges usually win elections deciding whether they should remain on the bench — and by margins often ranging upward of 70 percent. This year, Rosen and Johnson only received 53 percent of the vote, the least support for a Kansas Supreme Court justice in a retention election. The election marked a new era in Kansas where judicial retention elections could become high-stakes political battles, similar to what’s already happening across the country — and where millions are poured into judicial races.

Kansas: Malfunction results in missing votes | Salina Journal

A malfunction of electronic voting equipment left 5,207 votes out of the original Nov. 4 Saline County vote total, but no election outcomes were affected, according to the Saline County Clerk’s Office. What was affected was a change in the percent of voter turnout, from 35.47 to 50.47 percent, and the total number of votes, 17,532 out of 34,735 registered voters. “That’s a huge difference,” county Chairman Randy Duncan said when notified by the Journal of the error. “That’s scary. That makes me wonder about voting machines. Should we go back to paper ballots?” Saline County Clerk Don Merriman said after the meeting that four of the 34 PEBs, or Personal Electronic Ballots, were not reading correctly on election night, which left the votes out of the original count. The problem has been fixed, he said. He said the missing votes weren’t discovered until after votes were canvassed on Nov. 10. Merriman said he learned of the error during a “triple check” with flash cards from the PEBs.

Kansas: Lawmakers study moving municipal elections | Salina Journal

A legislative committee is looking into changing the way municipal elections are conducted in Kansas to boost turnout. Rep. Steve Huebert, R-Valley Center, believes it’s time to abandon the system of holding city and school board races on a different cycle than federal and state races. He wants to combine municipal elections with higher-profile November races that generate larger turnout, the Lawrence Journal-World reported. “Plain and simple, turnout for the current system is pitiful, and it gets worse every two years,” Huebert said. “We need to either figure out a way to increase turnout for the current system or move the elections.” In the past five years, at least 10 municipal election bills have been offered. Some have proposed merging municipal races with state and federal races in even-numbered years while others have proposed holding them in November of odd-numbered years. And some have even proposed making them partisan races.

Kansas: Kris Kobach to seek expanded power to fight election fraud | The Kansas City Star

Kansas Secretary of State Kris Kobach said Friday that next year he’ll revive a proposal to give his office the power to prosecute election fraud cases, although he could face bipartisan skepticism from legislators. Kobach had pushed the idea after taking office in 2011, and his efforts to win legislative approval of the idea fell just short of passage two years later, even though fellow Republicans controlled the Legislature. Kobach won a second four-year term in this month’s elections with 59 percent of the vote. He persuaded legislators to enact a 2012 law requiring all voters to show photo identification at the polls and a 2013 statute requiring new voters to provide proof of their U.S. citizenship to register. But the secretary of state’s office can’t initiate election fraud prosecutions on its own, and such decisions are left to county or federal prosecutors.

Kansas: Fight over voter ID law heads to state courts, Legislature after appeals court ruling | Associated Press

The fight over a voter proof-of-citizenship law that prevented about 22,000 Kansas residents from casting ballots on Election Day has shifted back to state courts and lawmakers. The U.S. 10th Circuit Court of Appeals recently overturned a federal judge’s order that would have forced federal election officials to add citizenship documentation requirements on national voter registration forms for Kansas and Arizona residents. Republican Secretary of State Kris Kobach has championed the law as a way to limit fraud. Opponents planned to argue that the onerous requirements wrongfully disenfranchise voters. “Any law that denies the right to vote to over 20,000 Kansas citizens is a bad law,” state Rep. Jim Ward, a Wichita Democrat, said. “We are going to try to correct it so that we prevent fraud without denying that right to vote.”

Kansas: Federal appeals court rejects citizenship proof rule for Kansas voters | The Kansas City Star

A federal appeals court on Friday handed a significant setback to Kansas Secretary of State Kris Kobach’s efforts to require all new and re-registering voters to provide a document proving citizenship. The 10th Circuit Court of Appeals in Denver ruled that Kansas cannot require proof-of-citizenship documents — almost always a birth certificate or passport — from prospective voters who register using a federal voter registration form. The court also said that a federal agency doesn’t have to alter the form to fit Kansas requirements. Arizona has a similar proof-of-citzenship requirement, and Kobach argued the case on behalf of both states in conjunction with Arizona Secretary of State Ken Bennett. The Kansas requirement is separate from a section of state law requiring voters to show photo ID at the polls.