A federal court will decide whether to excuse Secretary of State Kris Kobach’s late filing in a case about the constitutionality of requiring people to prove they are citizens when they register to vote. Kobach filed an 88-page response in a federal lawsuit Tuesday night, hours after being found in default for failing to respond in time to an amended complaint. A spokeswoman for his office said it still must file a motion to set aside the default. The plaintiffs’ attorneys filed a motion to strike Kobach’s late response Wednesday afternoon, contending it was improper because it was not paired with a motion to allow a late filing or set aside the default. “He chose to represent himself in the case, as well as several others, and he has a responsibility to get things filed and filed on time. And at this point, he hasn’t done that,” said Will Lawrence, one of the attorneys for the plaintiffs. Kobach did not return phone calls about the case on Tuesday or Wednesday.
The plaintiffs seek to overturn the state’s requirement that voters provide proof of citizenship, such as a birth certificate, when they register to vote. They say the requirement violates the 14th Amendment’s guarantee of equal protection.
Federal Judge Julie Robinson will decide whether to strike Kobach’s late filing and whether to uphold the default. If Robinson upholds the default, it will mean Kobach essentially forfeits the case, striking down the proof-of-citizenship requirement.
Kansas adopted the requirement in 2013 at Kobach’s urging. He said it was needed to prevent voter fraud by noncitizens. Voting-rights advocates say it puts up hurdles that keep citizens from registering.
Full Article: Kobach files late response in voter case | The Wichita Eagle.