The Kansas requirement that voters provide proof of citizenship could be struck down by a federal court because Secretary of State Kris Kobach failed to file a response earlier this year. The state’s requirement that voters provide a birth certificate or other proof of citizenship when they register to vote had already been weakened after federal courts ruled that the state could not require proof of citizenship of people who register at the Department of Motor Vehicles or with the federal form. However, the requirement remained intact for voters who registered using the state form or through the state’s website.
A separate lawsuit challenged the law in its entirety on the grounds that the proof-of-citizenship requirement violates the 14th Amendment’s guarantee of equal protection.
A federal judge did not grant Kobach’s motion to dismiss the case in July, and now the proof-of-citizenship requirement could be struck down because Kobach’s office failed to file an answer to the plaintiffs’ complaint.
A federal district court clerk has found the state in default status after plaintiffs’ attorneys made a motion this week.