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.