Kansas: Federal appeals court: Right to vote constitutionally protected | Topeka Capital Journal

A federal appeals court laid out on Wednesday the legal reasoning behind its decision earlier this month that allowed thousands of Kansas residents to register to vote without providing documents proving their U.S. citizenship. The 85-page opinion from the 10th Circuit Court of Appeals came a day after voter registration closed in Kansas for the November election. The appeals court had earlier this month upheld a preliminary injunction that forced Kansas to register people who filled out voter applications at motor vehicle offices. “There can be no dispute that the right to vote is a constitutionally protected fundamental right,” the appeals court wrote. The opinion released Wednesday essentially explained why the appeals court upheld U.S. District Judge Julie Robinson’s preliminary injunction requiring the state to register thousands of people for federal elections. The case was filed by the American Civil Liberties Union on behalf of several prospective voters and the League of Women Voters.

Kansas: Kobach found in default in proof-of-citizenship lawsuit | The Wichita Eagle

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.

Kansas: Kobach files late response in voter case | The Wichita Eagle

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.

Kansas: Court enters default judgment in Kansas voting rights case | Associated Press

A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens. It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state’s proof-of-citizenship requirement. Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.

Editorials: Why Proof of Citizenship Won’t Improve Election Integrity | Michael Gilbert/JURIST

For years, states have been sounding the alarm about voter fraud and pushing laws to prevent it. One such law would require voters to prove their citizenship, with a birth certificate, passport, or the like, before casting a ballot. This month a federal court slapped down proof-of-citizenship laws, but not for good. The opinion leaves wiggle room, and state lawmakers are not giving up. They are, however, wasting their effort. Anti-fraud measures can make elections safer in some circumstances, but usually they either have no effect (other than creating red tape) or make matters worse. My research proves it. Let’s get up to speed. In 2004, Arizonans approved an initiative requiring voters to prove their citizenship before they could vote. In 2013, the Supreme Court held [PDF] that federal law—specifically, the National Voter Registration Act—preempted the initiative. That Act requires states to use a form, developed by the federal Election Assistance Commission, to register voters for federal elections. The form requires would-be voters to swear, under penalty of law, that they are US citizens. States can ask the EAC to add state-specific instructions to the federal form, including additional requirements on citizenship, but they cannot demand it. Other states—Alabama, Georgia, Kansas—adopted laws like Arizona’s, and they worked many channels to get them enforced. But their efforts failed. States courts, federal courts [PDF], and the EAC [PDF] put proof of citizenship on ice.

Kansas: Kris Kobach keeps fighting, sometimes uphill, for stringent immigration laws | Lawrence Journal World

If there was any question whether the immigration debate is still raging in the heartland, it was probably settled the moment that Kansas Secretary of State Kris Kobach demanded the birth certificate of a 90-year-old World War II pilot. On a stiflingly humid September day in central Kansas, Kobach pushed through the courtroom door, head bowed, a storm cloud on his face. His ever-present red tie, front-swept hair and 2-inch sideburns framed an even jawline. He is a secretary of state here, a man who has authored some of the most stringent immigration legislation in the country — often traveling the nation to argue his own cases — and has cleared a viable path to the governor’s mansion. Behind a lectern facing the judge, an ACLU attorney finished her initial fusillade of oral arguments with a comment directed at Kobach. “He has to use such convoluted reasoning,” said Sophia Lin Larkin, representing a class of voters who the ACLU argued was being treated as second-class citizens in Kobach’s voting system. “This is simply another variation of his mistaken understanding in this case.” Kobach’s understanding of the voting-rights case is an extension of his philosophy on rights accorded to any American: They are conditional offers that only apply to those who can prove their citizenship.

National: U. S. appeals court leaves proof-of-citizenship voting requirement to federal panel | The Washington Post

A U.S. appeals court panel that barred Kansas, Alabama and Georgia from adding a proof-of-citizenship requirement to a federal voter registration form wrote Monday that federal law leaves it to a federal elections agency — not the states — to determine whether such a change is ­necessary. The 2-to-1 written opinion follows a Sept. 9 order from the U.S. Court of Appeals for the D.C. ­Circuit. The panel wrote that although the document requirement “unquestionably” hinders voter registration groups ahead of the November elections, there was “precious little” evidence of voter fraud by noncitizens, the problem the states said the measure is intended to fight. The Kansas secretary of state had told the court that “between 2003 and 2015 eighteen noncitizens had tried to or successfully registered to vote. Only one of them attempted to use the Federal Form,” the judges wrote.

Kansas: Appeals court rules against Kobach in voting rights case | Associated Press

Thousands of prospective voters in Kansas who did not provide citizenship documents will be able to vote in the November election under a federal appeals court ruling late Friday that upheld a judge’s order. The decision from the U.S. 10th Circuit Court of Appeals affirms lower court’s May order forcing Kansas to register more than 20,000 voters, a number that is expected to swell to 50,000 by the time of the November elections. It noted that the preliminary injunction serves the public interest. The 10th Circuit ruled “no constitutional doubt arises” that federal law prohibits Kansas from requiring citizenship documents from people who register to vote at motor vehicle office. It added that its reasoning would be more fully explained in a forthcoming order.

National: Democrats Seek Reversal on Voter Registration Hurdle | NBC

High-ranking congressional Democrats are raising more serious concerns about a move by the director of a federal voting agency that made it easier for several red states to require documentary proof of citizenship from people registering to vote. Rep. Elijah E. Cummings, Rep. Robert A. Brady and Rep. James E. Clyburn urged the Election Assistance Commission in a letter sent Wednesday to formally rescind a change made in January to the instructions on the federal voter registration form for Kansas, Georgia and Alabama, which allowed those states to require citizenship proof. A federal court found this month that the move, which was carried out unilaterally by the agency’s executive director, Brian Newby, could disenfranchise large numbers of eligible voters. Ruling that the move may violate federal voting law, the court blocked it from being enforced pending a resolution of the case. The letter outlines what the lawmakers called “troubling findings” from their probe into the issue — among them, that Newby conducted no written analysis of the impact of the change, and that he himself may no longer be certain that it was legal.

Kansas: Judge extends order to ensure thousands can vote in November | The Wichita Eagle

A Shawnee County judge has issued an order that should ensure that thousands of people are able to vote in state and local elections this November. Judge Larry Hendricks previously issued a preliminary order that people who registered to vote at the DMV could vote in the August primary regardless of whether they had provided proof of citizenship. He has now extended that order through the Nov. 8 general election. He has also amended his order to require that Secretary of State Kris Kobach, the defendant in the case, ensure that these 18,000 voters are given timely notice by local election offices that they qualify to vote in federal, state and local races in the general election. Kobach will face a contempt hearing this week in a separate federal case over allegations that he has failed to ensure these voters are registered and informed of their status.

Kansas: Judge extends voting rights for those registered at motor vehicle offices | Reuters

A Kansas judge extended voting rights through the Nov. 8 election of about 17,500 people who registered to vote at motor vehicle offices, court documents showed on Tuesday in one of the cases highlighting a political battle over identification laws enacted in Republican-led states. The ruling impacts people who submitted voter applications through Kansas motor vehicle offices but failed to provide proof of U.S. citizenship. The ruling by Judge Larry Hendricks of the third judicial court in Shawnee, Kansas, extends the temporary injunction he issued last month. Under a state law that took effect in 2013, they were required to present a document such as a birth certificate. The judge’s ruling made on Friday said that the Kansas Secretary of State, Kris Kobach, must instruct election officials to allow the around 17,500 residents to “…vote for all offices on the ballot and to count all the votes cast on that ballot.”

National: Voter Registration Flap Still Haunting Election Agency | NBC

Voting rights advocates are accusing a Washington bureaucrat of helping Republican-led states enforce tight restrictions on voter registration, a move they say turned a federal voting agency into a de facto ally of state officials looking to make voting harder. A progressive group on Wednesday called on the federal Election Assistance Commission (EAC) to conduct an internal investigation into the actions taken by Brian Newby, the agency’s executive director. The group, Allied Progress, charged that Newby had improper private communications with his former boss, Kansas Secretary of State Kris Kobach, and perhaps other election officials, about their requests to change the federal voter registration form to require applicants to show proof of citizenship. Patricia Layfield, the inspector general of the EAC, said no decision had yet been made on whether to open an investigation into Newby’s actions. “I continue to consider the various options available,” Layfield told NBC. “I’m taking the concerns expressed in the letter very seriously.”

Kansas: DC group wants inspector general to examine Brian Newby’s voter decision | The Kansas City Star

A Washington group has renewed its call for an investigation of Brian Newby, the former head of the Johnson County Election Office and now in charge of the U.S. Election Assistance Commission, or EAC. Allied Progress has written the EAC’s inspector general, asking her to examine Newby’s decision to approve applications from three states, including Kansas, to modify their federal registration forms in order to require documentary proof of citizenship to register. Newby made the decision to allow the changes despite the absence of formal approval from the EAC’s board of comissioners. Newby said he had the authority to make the decision on his own. Several groups sued to stop implementation of the requirement. In September, a federal appeals court blocked Kansas and the other states from changing their federal forms to require citizenship proof.

Kansas: With proof of citizenship voting law under siege, Kobach battles on multiple fronts | Topeka Capital-Journal

Kris Kobach made his way around the room without breaking a sweat. Having just finished debating a KU adjunct professor for an hour over his signature voting laws at the Dole Institute of Politics on the university’s campus Tuesday night, the Kansas secretary of state didn’t drop his smile. He fielded questions during a question-and-answer session, including a query that implied Hillary Clinton’s campaign had rigged electronic voting machines during her race against Bernie Sanders. He listened as a woman spoke with him about immigration and an out-of-town camera crew followed his moves. The frenzied pace of Kobach’s evening mirrors his public life at the moment. Kansas’ proof of citizenship voting law, championed by Kobach, is being challenged in multiple courts, and he’s flown across the country to defend it before judges. Those efforts have so far been largely unsuccessful. The state’s law that requires individuals to produce documents such as a birth certificate to register to vote has suffered multiple blows in court. The latest ruling averse to Kobach came just a week ago.

Kansas: Local officials must identify Kansas voters affected by ruling | The Wichita Eagle

Kansas county election offices are sorting through thousands of records to identify voters affected by a recent federal court order, according to Secretary of State Kris Kobach. The U.S. Court of Appeals for the D.C. Circuit blocked Kansas and two other states from requiring proof of citizenship from people who register to vote using the federal form. Kobach said the state’s voter database does not differentiate between people who register with the federal form and the state form, so local election officers will have to physically go through paper records of people who tried to register since January to determine which voters were affected by the ruling. He estimated the number of people affected would be between 200 and 400 statewide. The state began requiring voters to provide proof of citizenship, such as a birth certificate or passport, when they register to vote in 2013. Before this year, federal form registrants were allowed to cast ballots in federal elections regardless of whether they provided proof of citizenship.

Kansas: Kobach, Johnson exchange blows in voter law debate | Topeka Capital-Journal

Kansas Secretary of State Kris Kobach claimed Tuesday night to be a national leader in voter security by championing adoption of laws requiring proof of citizenship to register, photograph identification to cast a ballot and mail-in ballot restrictions. Lawyer Mark Johnson, sitting to Kobach’s right at the Dole Institute of Politics, said the Republican secretary of state was a central advocate for reform of voting law, undoubtedly popular, that ought to be declared unconstitutional for serving as a deterrent to participation in elections. With the legal adversaries eager to joust, the point-counterpoint on U.S. election law was set in motion during a Constitution Day program inspired by allegations of voter suppression and claims of newfound election integrity. “

Kansas: Federal court blocks Kansas voting rule | The Wichita Eagle

A federal court has blocked Kansas and two other states from requiring voters to show proof of citizenship if they register using the federal form. The U.S. Election Assistance Commission approved a controversial rule in late January to allow Kansas, Georgia and Alabama to require proof of citizenship from voters who register using the federal form. The League of Women Voters brought a lawsuit against the rule, and the U.S. Circuit of Appeals for the District of Columbia granted a preliminary injunction Friday by a 2-1 decision. Under the order, Kansas can no longer require people to show proof of citizenship when they register using the federal form and must allow anyone who registered after Jan. 29 to vote regardless of whether they provided proof of citizenship.

National: Appeals Court Blocks Proof-of-Citizenship Requirement for Voters in 3 States | Associated Press

A federal appeals court on Friday blocked Kansas, Georgia and Alabama from requiring residents to prove they are U.S. citizens when registering to vote using a national form. The 2-1 ruling is a victory for voting rights groups who said a U.S. election official illegally changed proof-of-citizenship requirements on the federal registration form at the behest of the three states. People registering to vote in other states are only required to swear that that they are citizens, not show documentary proof. The three-judge panel of the U.S. Court of Appeals for the District of Columbia acted swiftly in the case, issuing a two-page, unsigned ruling just a day after hearing oral arguments. A federal judge in July had refused to block the requirement while the case is considered on the merits.

National: Appeals court sympathetic to challenge over voter rules | Associated Press

A federal appeals court on Thursday seemed likely to side with voting rights groups seeking to block Kansas, Georgia and Alabama from requiring residents to prove they are U.S. citizens when registering to vote using a national form. Judges hearing arguments in the case considered whether to overturn a decision by a U.S. election official who changed the form’s proof-of-citizenship requirements at the behest of the three states, without public notice. The dispute is part of a slew of challenges this year that civil rights groups have brought against various state voting laws they claim are designed to dampen turnout among minority groups that tend to favor Democrats. Those challengers have already succeeded in stopping voter ID requirements in North Carolina and Texas and restrictions elsewhere. In the citizenship case, a coalition including the League of Women Voters and civil rights groups say the requirement to show proof undermines efforts to register new voters and deprives eligible voters of the right to vote in federal elections.

Kansas: Courts Will Rule Whether Thousands of Kansas Residents Can Vote | News21

For years, Kris Kobach has fought against illegal immigration. He helped write two of the nation’s most strict immigration laws in Arizona and Alabama and helped develop a now-defunct national immigration security system. Now Kobach, the Republican secretary of state for Kansas, is embroiled in court fights over his repeated attempts to require Kansans to provide proof of citizenship to register to vote. Although he has repeatedly lost in court, one case that remains open will determine whether thousands of Kansans will be able to vote in November’s local and state elections. The saga began in 2011 when Kansas passed the Secure and Fair Elections Act. The law, written by Kobach, requires those registering to vote after Jan. 1, 2013, to provide documentary proof of U.S. citizenship, such as a birth certificate or a passport. … In September 2013, the ACLU sued Kobach, contending that the proof of citizenship requirement split Kansas voters into two “separate and unequal classes.” In June 2013, the U.S. Supreme Court ruled that states could not require proof of citizenship for people who register using the U.S. Election Assistance Commission’s national mail voter registration form. Kobach was allowing those who registered in Kansas with proof of citizenship to vote in all elections, but prohibited those who registered with the EAC form – without proof of citizenship – from voting in state and local elections in Kansas.

Kansas: Federal court considers Kansas rule that voters prove citizenship | The Wichita Eagle

A federal appeals court will decide whether Kansas has the right to ask people who register to vote when they get their driver’s licenses for proof that they’re citizens. The decision could affect whether thousands of Kansas residents have their ballots counted in November’s election. Three judges from the 10th Circuit Court of Appeals heard arguments in the case Tuesday from Kansas Secretary of State Kris Kobach and the American Civil Liberties Union but didn’t indicate how soon they could rule. Kansas wants the court to overturn a ruling by a federal judge in May that temporarily blocked the state from disenfranchising people who registered at motor vehicle offices but didn’t provide documents such as birth certificates or naturalization papers. That was about 18,000 people at the time. If the order is allowed to stand, the state says up to an estimated 50,000 people who haven’t proven they’re citizens could have their votes counted in the fall.

Editorials: Court ruling in Kansas voter ID law case could have national ramifications | Mary Sanchez/The Kansas City Star

The exasperation in at least one judge’s voice is palpable. As is the mental scurrying of Kansas Secretary of State Kris Kobach as he studiously replies to the queries. The audio of arguments made Tuesday in a Denver courtroom provides a 30-minute summary of why this case is so crucial to the right to vote. The back and forth between the three-judge panel of the 10th Circuit Court of Appeals, Kobach and lawyers representing the American Civil Liberties Union deftly outlines the dangers of Kobach’s long-running arguments to undercut the right to vote. Of course, that is not Kobach’s stated intention, but it will be the outcome if he prevails. What the courts will ultimately decide is this: How far can Kobach legally go to satisfy his urge to chase after nonexistent voter fraud? And if he gets his way, how might any decision in the case bleed out to other states, harming even more people’s right to vote?

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: 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: 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.

Editorials: Kansas Zealot Helps Shape the G.O.P.’s Right-Wing Platform | The New York Times

One of the most fervid ideologues expected at the Republican convention this week — the Kansas secretary of state, Kris Kobach — has been busy shaping extremist positions in the party platform to suppress immigration, gun controls and same-sex marriage. But he also found time last week to do actual damage to Kansans with a devious, 11th-hour policy that would disqualify 17,000 of them as state voters, even though they are allowed by law to vote in federal elections. At issue is Mr. Kobach’s zealous enforcement of a notorious law he urged Kansas Republicans to pass that requires new voters to prove their citizenship with a passport, birth certificate or naturalization papers. Federal law imposes no such burden. But Mr. Kobach continues to try to force the state requirement onto the books — brazenly persisting in the face of recent federal and state court findings that these legitimate voters are being suppressed and must be allowed their full ballot rights.