Kansas: Few affected by court rulings voted in Kansas primary | Associated Press

Few of the 17,600 Kansas voters at the center of legal fights over the state’s proof of citizenship requirements actually cast ballots in the Aug. 2 primary. Voting rights advocates won temporary court rulings in federal and state courts affirming the right to vote for people who registered at motor vehicle offices but never submitted citizenship documents. Overall, statewide turnout was 23.1 percent, with 403,532 votes cast. The unofficial count for the primary shows 9,032 provisional ballots were cast; provisional ballots are typically given out when there is a question about voter eligibility, such as someone who voted in the wrong precinct. And the Associated Press surveyed the state’s five biggest counties – Johnson, Sedgwick, Shawnee, Wyandotte and Douglas – that together accounted for 4,287 of those provisional ballots. The AP found just 37 voters in those counties who cast ballots because of the court decisions. But the Kansas Secretary of State’s office notes there won’t be a statewide number for how many of those were cast by voters affected by the rulings for another week or more because counties had until Thursday to canvass their provisional votes.

Kansas: County: Grand jury petition on voter registrations valid | The Wichita Eagle

A county official said Thursday that enough signatures were gathered to allow a grand jury to criminally investigate Secretary of State Kris Kobach’s handling of Kansas’ online voter registration system. But even Kobach’s harshest critics say they have seen no evidence he committed a crime. The petition seeks a grand jury investigation into whether the Republican’s office committed election fraud and voter registration suppression by deleting registration data or obstructing delivery of voter applications to county election officials. The petition was filed last month by Steven X. Davis, a Democrat who believes a grand jury is the only way to get credible evidence. Kobach didn’t immediately return messages for comment.

Kansas: Judge temporarily blocks Kris Kobach voting rule days before election | The Kansas City Star

Kris Kobach’s attempt to throw out thousands of votes in Tuesday’s primary election has fallen short in a Kansas court. A Shawnee County district judge ruled Friday that the votes of 17,500 people whose registrations had been questioned are to be tallied in Tuesday’s primary. Judge Larry Hendricks issued a temporary order, meaning the votes will be counted Tuesday. The American Civil Liberties Union filed the lawsuit against Secretary of State Kobach on behalf of Kansas voters who were told that they could vote in federal elections but that their votes in state and local elections would not be counted. Kobach argued that by ruling against him, the state would be letting people who weren’t U.S. citizens vote in the primary.

Kansas: Judge: 17,500 suspended voters can cast ballots in all races Tuesday | The Wichita Eagle

A Shawnee County judge has ruled that 17,500 voters can have their votes counted in state and local races as well as federal ones in Tuesday’s Kansas primary election. “Losing one’s vote is an irreparable harm in my opinion,” Judge Larry Hendricks said in his bench ruling Friday. A state board approved a rule earlier this month to allow people to vote only in federal elections – not state and local ones – if they registered at DMV offices but failed to provide proof of citizenship as required by Kansas law. The rule, crafted by Secretary of State Kris Kobach, was meant to put the state in compliance with a recent ruling by a federal judge to let these voters vote under the federal “motor-voter” law. Kobach contended that the federal ruling applied only to federal elections and that the state’s proof of citizenship requirement still barred these voters from casting votes in state and local races. The American Civil Liberties Union challenged the rule under the equal protection clause in the Kansas Constitution. “You’re either registered or you’re not,” ACLU attorney Sophia Lakin told the judge. “There’s no such thing as half registration.”

Kansas: Court case could open primary elections to thousands of new voters | The Wichita Eagle

A Shawnee County judge will decide whether thousands can vote in state and local elections when Kansas holds its primaries next week. Judge Larry Hendricks will review Friday whether Secretary of State Kris Kobach has the authority to set up a dual voting system. A state board approved a new rule earlier this month to allow people who registered at DMV offices to vote in federal elections even if they failed to provide proof of citizenship as required by Kansas law. The rule is meant to put the state in compliance with a recent ruling by a federal judge to let these voters vote under the federal “motor-voter” law.

Kansas: House candidate seeks grand jury investigation into Kobach | The Wichita Eagle

A candidate for the Kansas House wants to convene a grand jury to investigate Secretary of State Kris Kobach. Steven X. Davis, a Democratic candidate for the Kansas House from Lawrence, filed a petition with the Douglas Country District Court to summon a grand jury to investigate whether the secretary of state’s office committed election fraud in 2014. Davis, who is challenging incumbent Rep. Barbara Ballard, D-Lawrence, in House District 44, said the secretary of state’s office may have intentionally failed to register voters who had tried to register through the state’s online system during the last election, even if they provided proof of citizenship documents as required by Kansas law.

Kansas: Making Sense Of Kansas’ Ever-Changing Voting Laws | KMUW

Ever since the Kansas Secure and Fair Elections Act went into effect in 2013, there has been a seemingly endless string of legal battles over its legitimacy. The controversial law requires people to provide proof of citizenship when registering to vote. It was authored by Secretary of State Kris Kobach, who believes the law protects Kansas from fraudulent voting. Here, a look into the wonderful world of state and federal lawsuits to find out how the SAFE Act may affect upcoming elections in Kansas. Back in 2014, Kris Kobach stood on the steps of the federal courthouse in downtown Wichita after a long day of court proceedings. “This case is about Kansas’ right as a sovereign state to enforce our voter qualifications—specifically that voters must be U.S. citizens,” he said.

Kansas: ACLU sues Kansas over voting rule for state, local races | Associated Press

The American Civil Liberties Union filed a class-action lawsuit Tuesday seeking to block a Kansas election rule that could throw out thousands of votes in state and local races by people who registered at motor vehicle offices or used a federal form without providing documents proving U.S. citizenship. The temporary rule, sought by Republican Secretary of State Kris Kobach and approved last week by the State Rules and Regulation Board, will count votes only for federal races by that segment of new Kansas voters through Nov. 8, the date of the general election. It comes in response to a federal judge’s recent decision that voters do not need to show citizenship papers to register for federal elections as required by a 2013 Kansas law. If allowed to stand, thousands of Kansas voters will be denied their right to vote in state and local elections in a year when all 165 seats of the Kansas Legislature are up for election, the ACLU argued in its lawsuit.

Kansas: Two-Tiered voting system will impact thousands | Salina Post

With little advance notice of the hearing, a state panel this week approved a temporary election rule that will have some Kansans vote with provisional ballots, but only their votes in federal races will be counted. Votes for state and local races will be tossed out. Republican Secretary of State Kris Kobach proposed the rule. The Kansas Rules and Regulations Board approved it Tuesday morning after notice of the meeting was sent out Monday afternoon. The change will affect around 17,000 Kansans who registered to vote at the DMVbut didn’t turn in a citizenship document required under state law. The rule change comes after a federal court said those suspended voters should be allowed to vote, at least in federal races. Bryan Brown, an attorney in the secretary of state’s office, said despite an ongoing legal battle, the state needs to continue enforcing election security measures in the SAFE Act. “It has been passed by the Legislature. It has been signed by the governor. It is the law of Kansas. That is all the secretary of state is trying to do here,” said Brown.

Kansas: State board approves Kobach’s proposal on suspended voters | The Wichita Eagle

A small group of state officials approved a new rule Tuesday that will enable 17,000 Kansans to vote in federal elections but not in state and local races. The policy change is meant to comply with a recent federal court order by ensuring that people who registered at Department of Motor Vehicles offices but did not provide proof of citizenship are allowed to vote in federal elections this year. These voters will receive the same ballot as everyone else, but local election officials will be instructed not to count their votes for state and local races unless they provide proof of citizenship. The ballots will be considered provisional. Opponents say this creates a tiered voting system and question its legality. But Bryan Caskey, state director of elections, said the state will continue to enforce its proof-of-citizenship requirement while it appeals the federal ruling. “That law is still in effect, so they are not considered registered voters under the laws of the state of Kansas,” Caskey said. “They are allowed to vote for federal office and federal office only due to the injunction granted by Judge Robinson.” The federal ruling was based on the 1993 federal “motor-voter” law, which allows people to register to vote when getting their driver’s licenses.

Kansas: A Primer On The New Kansas Regulation Limiting Voting Rights | KMUW

On Tuesday, a state board adopted a regulation proposed by Secretary of State Kris Kobach’s office allowing thousands of Kansas voters whose registrations were suspended to vote in federal elections but not in state and local races. By presenting it as a temporary rather than permanent regulation, the office was able to submit it to the State Rules and Regulations Board, which exists only to approve temporary regulations. Such regulations don’t have to go through the typically elaborate process for permanent regulations, which require a 60-day public comment period before being adopted. Here’s an explanation of what happened Tuesday, what the State Rules and Regulations Board is, and how Kobach’s proposal came to be adopted with virtually no advance notice and no public input.

Kansas: State board limits votes of 17,000 Kansans missing citizenship proof; Kobach-initiated process called ‘appalling’ / Lawrence Journal World

A state board on Tuesday approved a temporary regulation that will limit the voting rights of an estimated 17,000 Kansans, saying they can cast ballots only in federal races, not in state or local elections. The action by the Kansas Rules and Regulations Board — which one opponent called “appalling” — affects people who attempted to register at a local motor vehicle office but did not provide proof of U.S. citizenship. Kansas Secretary of State Kris Kobach requested the temporary rule in response to a temporary injunction issued in May by U.S. District Judge Julie Robinson, who said the state cannot enforce its proof of citizenship law on people who registered under provisions of the National Voter Registration Act, commonly known as the “motor voter” law. The temporary rule means that voters who fall into that category will be given a full ballot, but their ballots will be set aside as “provisional” ballots and will be counted after Election Day when their county Board of Canvassers meets, and that board will count only votes cast in federal races.

Kansas: Kris Kobach’s latest sneak attack on voting rights of 17,000 Kansans | The Kansas City Star

Even a fellow Republican legislator on Tuesday questioned the timing of Secretary of State Kris Kobach’s latest attempt to prevent people from having full voting rights in Kansas. But the query from GOP Sen. Vicki Schmidt of Topeka was pushed aside as a Kansas board approved a policy that essentially could prevent at least 17,000 Kansans from voting in local or state elections in 2016. Schmidt wanted to know why Kobach waited until the last possible moment to get the Kansas Rules and Regulations Board to issue its opinion on rules governing the Aug. 2 and Nov. 8 elections. “Why is it an emergency now?” Schmidt asked. Her excellent point: Kobach could have brought this issue before the full Legislature when it met in special session in late June. But he didn’t. That’s an appalling attitude to have toward thousands of Kansas voters, because it denied their elected representatives from taking steps to restore full voting rights to them.

Kansas: Little public notice given on rule to throw out Kansas votes | Associated Press

Kansas officials plan to take up on Tuesday a proposed temporary rule that will allow election officials to throw out votes in local and state races cast by tens of thousands of people who register at motor vehicle offices without proving U.S. citizenship. The State Rules and Regulations Board gave the public just a day’s notice that it will consider the temporary rule sought by Secretary of State Kris Kobach. Those voters affected by the rule — which the state has estimated could number about 50,000 — would be given a provisional ballot. “It just stinks. This is not how democracy works, and something as important as voting should not be taken care of in this backroom manner,” said state Rep. Jim Ward, a Wichita Democrat.

Kansas: ACLU: Kris Kobach ‘deliberately’ creating voter chaos | Associated Press

Civil rights groups demanded Tuesday in an open letter that Kansas Secretary of State Kris Kobach rescind his instructions to local election officials to throw out votes cast in upcoming local and state races by tens of thousands of people who registered at motor vehicle offices without providing proof of U.S. citizenship. The executive director of the American Civil Liberties Union of Kansas, Micah Kubic, says Kobach is “deliberately creating chaos” for voters and “acting out of petulance.” At issue is an email sent from Kobach’s office to county election officials last month outlining the state’s plans for implementing a two-tiered election system in the wake of a federal court order requiring Kansas to allow such voters to cast provisional ballots in the federal race. Kobach wants to allow election officials to throw out any provisional ballots in which votes were cast in state and local races and count only votes cast for president and U.S. Senate and House races.

Kansas: Kobach uses state plane, government funds to talk at GOP events | Lawrence Journal World

Kansas has a statute that allows the governor to use the executive aircraft for personal or political travel as long as he reimburses the state, but mentions no other state agencies. The Kansas Highway Patrol, which oversees aircraft operations, says it has no specific guidelines and leaves its usage up to each state agency. Kobach defended his use of the plane by saying that he’s doing it less than former Republican Secretary of State Ron Thornburgh, who also flew with family members and logged about 8,700 miles over two years. He added that filling empty seats doesn’t increase the agency’s costs. Kobach said in an email that he plans to visit all 105 county election officials to observe voting equipment and voting sites and discuss implementation of voter ID and proof-of-citizenship laws.

Kansas: ACLU urges judge to rule quickly on Kansas voter registration case | Lawrence Journal World

Lawyers for the American Civil Liberties Union are asking a federal judge in Washington, D.C., to act quickly on their motion to block the use of amended federal voter registration forms that require Kansans to show proof of U.S. citizenship. In a letter to Judge Richard J. Leon, the ACLU said leaving the issue unresolved threatens to complicate upcoming state and federal elections in Kansas and the two other states involved in the case. “The federal primary elections will take place in Kansas on August (2), 2016, just over a month from now,” the letter stated. “The general federal elections will occur in November, a mere four months from now, and voter registration requirements in Kansas, Alabama and Georgia require resolution well before then.”

Kansas: Election officials still unsure who will be allowed to vote in which races | Lawrence Journal World

With advance balloting for the 2016 primaries to begin in less than a month, county election officials throughout Kansas are still unsure about which voters will be allowed to cast ballots in which races. “The counties have been all talking about this,” Douglas County Clerk Jamie Shew said. “I’m ready for all scenarios. If on the day before the election we get an order that tells us one way or another, I can operate either way. I think most counties are preparing for that.” What is complicating the elections this year are three active lawsuits that challenge different aspects of state voting laws that require people to show proof of U.S. citizenship to register to vote. Since 2013, Kansas has required people to show documentary proof of citizenship. But because there are multiple ways people can register to vote, some voters have registered without being asked for those documents. Specifically, those include an estimated 18,000 people who registered at a motor vehicle office when they obtained or renewed their driver’s license under the federal “motor voter” law. Those people had their registrations placed “in suspense” and have not been allowed to vote unless they followed up by sending in the required citizenship proof.

Kansas: Kobach to Use Provisional Ballots for Upcoming Elections | Associated Press

Kansas Secretary of State Kris Kobach is planning to use provisional ballots during the upcoming elections and then throw out all of the votes for state and local races cast by the thousands of voters who register to vote at motor vehicle offices without providing proof of citizenship. An email sent from Kobach’s office to county election officials outlines the state’s proposed plans for implementing a two-tiered election system in the wake of a federal court order requiring Kansas to allow these voters to cast ballots at least in the federal races. The email sent by Election Director Bryan Caskey tells local election officials that the secretary of state has not approved a shorter “federal only” ballot. Instead, Kobach wants to institute a “partial provisional” process that allows election officials to go back into those provisional ballots and throw out any votes cast in state and local races and count only votes cast for president and U.S. Senate and House.

Kansas: Voting rules confusing for upcoming elections; here are some answers | Lawrence Journal World

Thousands of wanna-be Kansas voters who thought they might not be able to cast ballots for president and other federal officials this year are now eligible to vote in them — but not in state or local races. It’s part of the latest fallout from lawsuits surrounding the state law that requires prospective voters to provide proof of U.S. citizenship — such as a birth certificate, passport or naturalization papers — when they register. Republican Kansas Secretary of State Kris Kobach is defending the law against multiple legal challenges. Supporters of the law say it’s important to make sure those who aren’t U.S. citizens don’t vote. Opponents say non-citizens aren’t voting in significant numbers and the real result is making it harder for the poor, the young and the elderly — those who might have trouble getting documents — to vote. There are so many legal challenges in play that it’s hard to keep track of who can vote and under what circumstances.

Kansas: Judge Reiterates Kansas Attorney General Kobach Unable to Encumber Voting | Associated Press

A judge is standing by his earlier ruling that Kansas Secretary of State Kris Kobach has no legal right to bar people from casting ballots in local and state elections because they registered to vote using a federal form that did not require proof of citizenship. In a ruling made public Thursday, Shawnee County District Judge Franklin Theis rejected Kobach’s request that he reconsider an earlier decision. Theis said in January that the right to vote under state law is not tied to the method of registration. Two weeks after that decision, Brian Newby, the new executive director of the U.S. Election Assistance Commission, added a documentary citizenship requirement on the national voter registration form for residents of Kansas, Georgia and Alabama. Newby unilaterally changed the national form without approval from the agency’s commissioners. That change prompted Kobach to ask the judge to reconsider his ruling.

Kansas: The problem with fixing something that isn’t broken | The Kansas City Star

This is the consequence of passing bad law. Kansas is set to become the national example for how poorly thought out legislation can undercut the right to vote. Changes the Legislature approved in 2012 are being compared to the days of poll taxes. It’s not a stretch. This go-round, thousands of would-be voters were excluded, not by race. It was over their ready access to documents, birth certificates and passports that they needed to produce to prove their citizenship. By court order, on Tuesday, the state had to begin adding at least 18,000 people to voter rolls — potential voters who’d been kept off by the new law when they tried to register at motor vehicle offices. Problem is, rectifying the people’s voting status can’t be accomplished by the flip of a switch. Secretary of State Kris Kobach argued it. He told a federal appeals court that the confusion his policies have created will be an administrative nightmare for the 105 counties in the state to fix. He submitted that many checks of records will need to be done manually, that not everything is automated. And that it will be costly to counties.

Kansas: State Moves to Register Those Without Citizenship Proof | Associated Press

Kansas must begin registering thousands of eligible voters for federal elections who have not provided proof of citizenship under a federal court order that has complicated the state’s elections less than a month before early voting begins for its primary. Kansas Secretary of State Kris Kobach’s office issued instructions to county election officials late Tuesday to register those motor voter applicants without citizenship documentation to vote — but only in the federal races for President and U.S. Senate and U.S. House. Those guidelines come in the wake of a 10th Circuit Court of Appeals decision last week that refused to temporarily block a federal judge’s order. Early voting begins July 13 for the state’s primary election in August. In addition to the presidential race on the November ballot, U.S. Sen. Jerry Moran and all four of his Kansas colleagues in the House are up for re-election.

Kansas: Kris Kobach won’t say if he’s complying with order to register voters | MSNBC

A federal court gave Kansas until Tuesday to start registering thousands of would-be voters tripped up by the state’s strict proof of citizenship law. But Secretary of State Kris Kobach isn’t saying whether he’s complying with the order. It’s been radio silence from Kobach since Friday night, when the 10th U.S. Circuit Court of Appeals upheld the order issued last month by U.S. District Judge Julie Robinson. A Kobach spokeswoman didn’t respond to multiple phone and email messages asking whether Kobach intends to begin registering voters. Messages sent on Twitter to Kobach and to the official account for the secretary of state’s office also went unanswered. “Secretary Kobach has repeatedly stood in the way of thousands of Kansans who have tried to exercise their right to vote,” Dale Ho, the director of the ACLU’s voting rights project, said in a statement Tuesday.“ Today that ends. He must let them vote.”

Kansas: Appeals court ruling will let some Kansas voters register, for now | Reuters

Thousands of Kansas residents who signed up to vote at motor vehicle offices but were kept off the rolls by a state law requiring proof of citizenship could be allowed to cast ballots in the November general election, under a ruling on Friday by a U.S. appeals court. Kansas’ secretary of state, Kris Kobach, a Republican who has become a national leader in pushing for voting changes, had asked the 10th U.S. Circuit Court of Appeals to place on hold a decision last month by a lower-court judge ordering the state to begin registering 18,000 residents affected by the law. In requesting the stay, the state said the order to begin to register voters would “result in extraordinary confusion on November 8, 2016.” The Denver-based federal appeals court, however, rejected the argument.

Kansas: 10th Circuit: Kansas Can’t Block Voters From Casting Ballots | Associated Press

Kansas cannot prevent thousands of eligible voters from casting ballots in the November federal election because they didn’t prove they were U.S. citizens when registering to vote at motor vehicle offices, a federal appeals court ruled Friday. The 10th U.S. Circuit Court of Appeals ruling temporarily upholds a court order that required Kansas to allow those individuals to vote in federal elections even though they didn’t provide citizenship documentation when applying or renewing their driver’s licenses, as required under Kansas law. The state has said as many as 50,000 people could be affected. The appeals court judges said Kansas had not made the necessary showing for a stay pending appeal, but agreed to hear the appeal quickly.

Kansas: Kris Kobach predicts massive voter confusion in November in seeking stay of voter ID injunction | Topeka Capital-Journal

Kansas Secretary of State Kris Kobach contends massive voter confusion will occur if an appeals court doesn’t block a lower court’s order to register thousands of state residents for November’s presidential election. Kobach made the prediction in a document he filed with the 10th U.S. Circuit Court of Appeals. The dispute centers on residents who submit voter registration forms at Division of Motor Vehicles offices and don’t provide proof of citizenship. A 2011 state law requires newly registering voters to provide proof of citizenship. A preliminary injunction issued May 17 by U.S. District Judge Julie Robinson prohibits election officials from enforcing the proof of citizenship requirement for residents who register at DMV offices.

Kansas: Former Johnson County election chief Brian Newby rises, then falls into national controversy | The Kansas City Star

The League of Women Voters in 2014 honored Brian D. Newby, then the Johnson County election commissioner, for his work in helping people register to vote. The league this year sued him for allegedly doing the opposite. Yet, as Newby said recently in a brief phone interview, “I’m the same person with the same values” as that award recipient. Recent headlines tell a different story, one of a spectacular fall into unfamiliar controversy. Once regarded as something of a rock star among the nation’s election gurus, Newby has drawn intense fire from more than one direction after becoming executive director of a bipartisan federal elections panel in November. Voting rights groups have asked a federal court to invalidate one of Newby’s first actions taken at the helm of the U.S. Election Assistance Commission. Some have alleged that a unilateral decision he made was a gift to his former boss, Kansas Secretary of State Kris Kobach, who had offered high praise of Newby to the federal commission considering his appointment.

Kansas: Thousands of voters in limbo after Kansas demands proof they’re American | Reuters

After moving to Kansas, Tad Stricker visited a state motor vehicle office to perform what he thought was the routine task of getting a new driver’s license and registering to vote. It was a familiar procedure for Stricker, 37, who has moved from state to state frequently in his work as a hotel manager. He filled out a voter registration form and got his driver’s license. He was not asked for more documents, he said. So he was stunned when he tried to cast a ballot in November 2014 and was told he was not on the voter rolls. A month later, a letter from the state said why: His registration had been placed “in suspense” because he had failed to meet a state requirement he did not know about – proving he was an American. Spurred by Secretary of State Kris Kobach, a national leader in pushing for anti-immigration and voting changes, more than 36,000 Kansas residents have joined Stricker in limbo since early 2013 under a state law that raises a new and higher barrier to voting in the United States: proof of citizenship.

Kansas: Judge Rejects Kobach’s Request For Delay In Voting Rights Case | KCUR

While giving him two more weeks to comply, a federal judge let Kansas Secretary of State Kris Kobach know that she would brook no further delays in carrying out her order to restore 18,000 Kansas residents to the voter rolls. In a harshly worded order Wednesday, U.S. District Judge Julie Robinson rejected Kobach’s claim that compliance with the court’s May 17 order would cause voter confusion and lead to “irreparable harm.” Kobach did not return a call seeking comment. Robinson’s latest ruling came in a lawsuit brought by the American Civil Liberties Union and the League of Women Voters of Kansas on behalf of several individual plaintiffs challenging Kansas’ policy of requiring people who register to vote at DMV offices to provide proof of citizenship.