Editorials: Kansas Voting Volley | Lawrence Journal World

After years of hearing Secretary of State Kris Kobach complain about the state’s lack of prosecutions for voter fraud, most Kansans probably were expecting a more dramatic start to the secretary’s own prosecution efforts. Having obtained the authority earlier this year to prosecute such cases on his own, Kobach kicked off his anti-fraud campaign last week by filing charges against three people who allegedly voted both in Kansas and another state during the same election cycle. All three people apparently are U.S. citizens, so the prosecution has nothing to do with the state’s new proof-of citizenship law. It’s a matter of people either mistakenly or intentionally voting in two different states in a single election. Either way, according to the law, they have committed a crime, and Kansas is now seeking to hold them accountable.

Kansas: Kobach’s voter prosecutions draw scrutiny to proof-of-citzenship requirement | The Wichita Eagle

Kansas’ proof-of-citizenship law would have done nothing to prevent the type of voter fraud Secretary of State Kris Kobach alleges three people committed in recent elections. Kobach’s office announced three prosecutions last week of people he says double voted – casting ballots in more than one jurisdiction – after the Legislature and Gov. Sam Brownback granted him prosecutorial power earlier this year. Kobach is the only secretary of state in the nation with such authority. The misdemeanor charges against a pair of Republican voters in Johnson County and a felony case against a Sherman County man, whom Kobach calls a serial double voter, come after several years of Kobach warning of the threat of voter fraud to Kansas elections and pushing for stricter voting laws. Kobach’s critics have argued, with a strong dose of derision, that the fact that he has filed only three cases is proof that the threat of voter fraud has been overstated. But Kobach has said that he plans to file more cases over the next two months.

Kansas: Voter ID Law Sets Off a New Battle Over Registration | The New York Times

Amelia Flores, a high school senior with plans to become an electrical engineer, eagerly filled out a form to register to vote for the first time at the Kansas State Fair last month. But she left the fair without registering, stymied by a state law championed by Republicans who dominate elected offices in Kansas that requires her to provide proof of citizenship. “I think it’s ridiculous and restrictive,” said Ms. Flores, who later received a notice in the mail informing her that she must produce a birth certificate or other proof of citizenship to complete the registration. “A lot of people are working multiple jobs, so they don’t have time to get this stuff done. Some of them don’t have access to their birth certificate.” Ms. Flores, who said she was born in Washington State, unwittingly joined a list of more than 36,000 people in Kansas who have tried to register to vote since the law went into effect in 2013, but then did not complete their registration. This month, under a rule adopted by the Kansas secretary of state’s office, county election officials throughout the state began to cull names from the voters list, removing people who had been on it at least 90 days. Those removed from the list must start the registration process over in order to vote.

Kansas: Man in voter fraud case says charge surprised him | Lawrence Journal World

One of three people charged with voter fraud by the secretary of state in Kansas acknowledged voting in two states where he lives, but said he didn’t think he was doing anything wrong. Lincoln L. Wilson, who faces three felony counts, was registered both in Goodland in northwest Kansas’ Sherman County and in Hale, Colorado. Records indicate the 64-year-old Republican voted in both states in the same elections in 2010, 2012 and 2014. Wilson told The Wichita Eagle he lives part time in Sherman County and part time in Yuma County, Colorado, which borders Kansas. He said he owns several real estate properties in each state and believed he was restricted to voting in only one county in each of those states.

Kansas: Kris Kobach files to prosecute three voter fraud cases in Kansas | The Wichita Eagle

Kansas Secretary of State Kris Kobach has filed criminal charges against three people he says committed voter fraud in the 2010 election. They are the first charges filed since the Legislature granted Kobach prosecutorial power earlier this year. Gov. Sam Brownback signed the bill making Kobach the only secretary of state in the nation to have such authority in June. Kobach filed two criminal cases in Johnson County and one in Sherman County on Friday. His office released the criminal complaints on Tuesday. The felony complaint against Lincoln L. Wilson in Sherman County, which borders Colorado, alleges that he perjured himself on voting forms and voted in 2010, 2012 and 2014 despite not being lawfully registered. His first appearance in court is set for Nov. 3.

Kansas: Judge sets Dec. 4 hearing on request to block voter record cancellations | Associated Press

County election officials in Kansas are likely to have canceled thousands of incomplete voter registrations when a federal judge has the next hearing in a lawsuit challenging the culling of records ordered by Secretary of State Kris Kobach. U.S. District Court Judge Julie Robinson on Wednesday set a Dec. 4 hearing on a request from two young northeast Kansas residents to block the cancellations while their suit goes forward. Their registrations are incomplete because they’ve failed to comply with a 2013 law requiring new voters to provide a birth certificate, passport or other papers documenting their U.S. citizenship when registering. The two also want Robinson to block enforcement of the proof-of-citizenship requirement — the reason behind most of the 37,700 registrations that were incomplete as of last week. Kobach imposed a rule that took effect Friday, directing counties to cancel more than 31,000 registrations that were incomplete for more than 90 days. Robinson set the hearing in December to allow the Republican secretary of state to file a written response to the lawsuit and to permit the attorneys representing the two prospective voters to follow with a written answer. Robinson said during a teleconference with the attorneys that she’ll interrupt an ongoing trial to have the hearing in Kansas City, Kan.

Kansas: Culling voter records to take weeks in some Kansas counties | Associated Press

Some Kansas counties expect to take at least several weeks to cancel incomplete voter registrations from residents who haven’t documented their U.S. citizenship, local election officials said Monday. Local officials also said even when they’re done culling the more than 31,000 records as required under a new rule from Secretary of State Kris Kobach, the canceled registrations still will be accessible in their voter registration databases. Kobach has directed counties to cancel incomplete registrations older than 90 days, with most from prospective voters who haven’t met the proof-of-citizenship requirement. A 2013 state law requires new voters to produce a birth certificate, passport or other citizenship papers when registering. Kansas is only one of four states with such a law, and its incomplete registrations ballooned to nearly 37,700 last week.

Kansas: Culling voter records to take weeks in some Kansas counties | Lawrence Journal World

Some Kansas counties expect to take at least several weeks to cancel incomplete voter registrations from residents who haven’t documented their U.S. citizenship, local election officials said Monday. Local officials also said even when they’re done culling the more than 31,000 records as required under a new rule from Secretary of State Kris Kobach, the canceled registrations still will be accessible in their voter registration databases. Kobach has directed counties to cancel incomplete registrations older than 90 days, with most from prospective voters who haven’t met the proof-of-citizenship requirement. A 2013 state law requires new voters to produce a birth certificate, passport or other citizenship papers when registering. Kansas is only one of four states with such a law, and its incomplete registrations ballooned to nearly 37,700 last week.

Kansas: Tough voter ID rules pull Kansas into multiple lawsuits | Associated Press

Secretary of State Kris Kobach’s successful push to require new Kansas voters to document their U.S. citizenship has spawned three lawsuits, including one he pursued against a federal agency in trying to enforce the policy. Kansas is one of only four states that make new voters show a birth certificate, passport or other citizenship papers. The Kansas requirement took effect in 2013, and Kobach has directed county election officials to cancel more than 31,000 incomplete registrations, most from people who’ve failed to comply with the requirement. Here is a look at the proof-of-citizenship law litigation it has prompted.

Kansas: Officials to begin canceling incomplete registrations from 31K prospective voters | Associated Press

Kansas election officials are expected to begin removing the names of more than 31,000 prospective voters from their registration records Friday in line with the state’s tough voter identification law, which requires applicants to prove their citizenship before casting a ballot. Republican Secretary of State Kris Kobach, a leading advocate for rigorous voter identification requirements, directed county election officials to begin canceling the applications of prospective voters who after 90 days had not provided all required information and documents. Since 2013, Kansas has required new voters to provide a birth certificate, passport or other papers documenting their U.S. citizenship. The latest action would be the first purge of incomplete applications. Kobach described the culling of pending applications as just “common sense” to maintain accurate records of who is legally allowed to vote.

Kansas: Paul Davis files lawsuit against Kris Kobach over purging of suspended voters list | The Wichita Eagle

Paul Davis filed a lawsuit in federal court Wednesday against Kansas Secretary of State Kris Kobach over a new rule that will remove names from the suspended voters list. Davis, a Lawrence attorney who ran an unsuccessful campaign for governor in 2014, said federal law prohibits Kobach from “purging voters.” The state enacted a requirement that beginning in 2013, prospective voters must provide proof of citizenship, such as a passport or birth certificate, when they register to vote – a policy Kobach championed. Since the law went into effect, nearly 37,000 voters have been left in suspended registration status. For perspective, Davis lost to Gov. Sam Brownback in the last election by fewer than 33,000 votes. Davis said he didn’t think proof of citizenship affected the outcome of the election.

Kansas: Young voters, Wichitans top Kansas’ suspended voter list | The Wichita Eagle

A statewide list of 36,674 suspended voters – those who tried to register to vote but did not meet all the requirements – will start to disappear this week. A new rule proposed by Secretary of State Kris Kobach will remove people who have been on the list for more than 90 days if they haven’t shown proof of citizenship. Before, they would have stayed on the list until they resolved their registration problem. The majority of those people? Young, unaffiliated voters. An Eagle analysis shows that more than 40 percent of people on the state’s suspended voter list are under 30. More than half are unaffiliated with a party, while 18 percent are listed as Democrats and 22 percent are listed as Republicans. Since a proof of citizenship law championed by Kobach went into effect in 2013, more than 16 percent of people who have tried to register to vote have been placed on the suspended voter list. The list had grown to 36,674 people by this month – up from 27,131 in October last year.

Kansas: Kobach issues 90-day time limit for voter registrations | The Kansas City Star

Kansas Secretary of State Kris Kobach issued a rule Thursday that incomplete voter registrations will be canceled after 90 days. The decision came after voting rights groups lodged vigorous objections to the time limit. The rule takes effect Oct. 2. More than 35,000 voter registrations applications are currently “in suspense,” and about 30,000 are incomplete because registrants have yet to provide a passport or birth certificate. Such proof-of-citizenship documents have been required since January 2013, but no limit had been placed on how long county election officials had to keep the incomplete registrations. “It really violates the spirit of what our nation, our Constitution, was built on — the participation of all,” Marge Ahrens, co-president of the League of Women Voters of Kansas, said about Kobach’s decision. “It feels so disrespectful of Kansans,” she said.

Kansas: Kobach debates voter ID laws with Kansas University law professor / Lawrence Journal World

Kansas Secretary of State Kris Kobach squared off Thursday in a debate with a Kansas University law professor over the pros and cons of restrictive voter identification laws. Kobach, who was the architect of Kansas’ 2011 law requiring voters to show photo ID at the polls and to show proof of U.S. citizenship to register, argued that such laws are needed to prevent voter fraud and protect the integrity of Kansas elections. The two men debated before about 100 people, most of them law students, in a lecture auditorium at the KU School of Law in Green Hall. The debate was sponsored by the KU Federalist Society and the Hispanic-American Law Students Association. “Election fraud occurs,” Kobach said. And while the number of such cases may be tiny compared to the total number of ballots cast in any given election, he said it only takes a small number of votes to “steal” an otherwise close election. … But KU law professor Mark Johnson, who teaches courses in elections and campaign finance, argued that the small number of allegedly fraudulent votes does not justify denying other people the right to vote simply because they cannot produce a photo ID or proof of citizensh

Kansas: Kris Kobach’s dual voter registration system is illegal and should be dumped, ACLU says | The Kansas City Star

An odd repercussion has arisen over Kansas’ proof-of-citizenship requirement for residents who register to vote. So odd that the American Civil Liberties Union of Kansas has asked a state court to put an end to the two-tiered voter registration system that Secretary of State Kris Kobach has created, a system that critics call the law’s “unintended consequence” or, less kindly, “collateral damage.” Kansas now requires residents to produce citizenship documents, typically a birth certificate or passport, to register to vote. That law, championed by Kobach, took effect in 2013. But citizens have long been allowed to use a federal form to register. That form requires registrants to sign a statement, under penalty of perjury, that they are U.S. citizens. No documents needed. So what to do about Kansas residents who complete the federal form, which courts have said must be accepted by states?

Kansas: Kobach, ACLU battle over proof-of-citizenship law | Lawrence Journal-World

Lawyers for Kansas Secretary of State Kris Kobach’s office and the American Civil Liberties Union continue to battle over a lawsuit that threatens to unravel a state law requiring voters to show proof of U.S. citizenship to register to vote. The latest action in the case came late Friday when the ACLU filed a motion for summary judgment, seeking to declare the so-called “dual registration” system illegal. Under that system, people who register using a federal form, which does not require proof of citizenship, may only vote in federal races. Voters may only cast ballots in state and local races if they register using the state form, which requires documentary proof of citizenship.

Kansas: ACLU moves to strike down Kobach’s voter citizenship law | The Wichita Eagle

The American Civil Liberties Union and Secretary of State Kris Kobach jockeyed for legal advantage Friday in a court case challenging Kobach’s implementation of the state’s voter proof-of-citizenship law. Representing Kansas voters who can cast ballots in federal races, but not state and local elections, the ACLU filed a motion for summary judgment that would strike down Kobach’s two-tier voting system without a trial. Nearly simultaneously, Kobach filed a motion that would allow him to immediately appeal a judge’s ruling that he overstepped his authority by dividing voters into two voting camps, those who registered using a state form and those who registered using a federal form. The case is important because it could let people work around a state law – authored by Kobach – that requires prospective registrants to show documents proving their citizenship before they are granted voting privileges. The proof-of-citizenship requirement is separate from the requirement that voters have to show photo ID when they cast a ballot. While a driver’s license is sufficient for Election Day voter ID, the state’s voter-registration form requires a higher level of documentation. That can usually be met only with a birth certificate, passport, or special papers issued to foreign-born and tribal citizens.

Kansas: Kris Kobach’s plan to delete more than 30,000 voter registration applications in Kansas draws dissent, praise | Topeka Capital-Journal

The Shawnee County election commissioner and representatives of advocacy groups clashed Wednesday over merits of the Kansas secretary of state’s plan to purge more than 32,000 voter registration applications for failure to document citizenship. Secretary of State Kris Kobach, who championed the 2011 law mandating new registrants document citizenship, has been saddled with oversight responsibility of applications held “in suspense” specifically because individuals had yet to provide evidence they were a U.S. citizen. A total of 36,000 applications are in limbo, but nine in 10 are tied to the citizenship requirement. Kobach proposed an administrative rule — not a state law — ordering county election officers to shred all registration applications if not completed within 90 days. Currently, Kansas sets no time limit on the process. … Former Topeka Democratic Rep. Ann Mah, as well as representatives of the American Civil Liberties Union of Kansas, Topeka branch of the NAACP, Kansas League of Women Voters and Topeka National Organization for Women, expressed opposition to the policy sought by Kobach. Mah said cancellation of registrations pending in the Election Voter Information System after three months was improper because time required to obtain a birth certificate from another state could take much longer. She said applicants who failed to present citizenship documents could meet requirements to participate in federal — not state — elections, and those individuals shouldn’t be cut off.

Kansas: Kris Kobach’s proposed voter registration time limit damages rights, speakers say | The Kansas City Star

Voting advocates and others Wednesday spoke out against a new rule proposed by Kansas Secretary of State Kris Kobach to toss out incomplete voter registrations after 90 days. The rule is unnecessary and would discourage many from even trying to participate in the voting process, they said. One speaker charged that the rule change was politically motivated. But a county election commissioner said the 90-day limit made sense as a matter of efficiency. Kobach didn’t attend the hearing, which was run by state elections director Bryan Caskey. Caskey said there are about 36,000 incomplete registrations on file and about 32,000 of those are missing proof-of-citizenship documents. He said Kobach would consider all public and written testimony before making his decision.

Kansas: Proposed voting regulation changes to draw opponents | Lawrence Journal World

The American Civil Liberties Union and the League of Women Voters are among the groups expected to turn out Wednesday to speak against proposed new voting regulations that would allow the Kansas Secretary of State to purge voter registration applications for more than 30,000 people who have failed to show proof of citizenship. Secretary of State Kris Kobach is proposing that new rule. A public hearing is scheduled for 8:30 a.m. Wednesday in the auditorium of Memorial Hall, 120 SW 10th Ave., in Topeka. “Rather than strengthening democracy by making voter registration easier, the secretary of state continues to try to create new barriers to registration by eligible Kansans,” said ACLU of Kansas Executive Director Micah Kubic. Also expected to testify is Senate Democratic Leader Anthony Hensley, of Topeka, according to information from Kobach’s office.

Kansas: Kris Kobach says voter registrations without ‘proof of citizenship’ need to go | The Kansas City Star

More than 30,000 incomplete voter registrations have piled up in Kansas — most waiting for applicants to submit the now-required “proof of citizenship” documents. Secretary of State Kris Kobach says he knows how to fix the problem. He wants a new rule that allows election officials to toss out uncompleted applications after 90 days. The proposal will be the topic of a hearing this week. Simple housekeeping, he says. The wholesale dumping of potential voters, critics say, and for no good reason. Even Hillary Clinton weighed in last week. A tweet from her presidential campaign account called Kobach’s proposal a “purging” and a “targeted attack on voting rights.” Kansas’ rules on voter ID and proof of citizenship championed by the Republican secretary of state have stirred up controversy nationally and close to home. Voting rights groups say the regulations muck up a system that wasn’t broken and, in the process, reduce voter participation.

Kansas: Topeka judge: Kris Kobach exceeded election authority | Wichita Eagle

A Topeka judge has denied a move by Kansas Secretary of State Kris Kobach to quash a lawsuit challenging the state’s two-tier voter registration system and said Kobach has exceeded his authority with the way he runs elections. Micah Kubic, executive director of the American Civil Liberties Union in Kansas and Missouri, called the ruling a “great day for voting rights and a great day for Kansas.” The ACLU filed the lawsuit on behalf of voters who have been frozen out of state and local elections because they registered to vote using federal registration forms and didn’t provide proof-of-citizenship documents required by Kansas law.

Kansas: Lawsuit over voting records could move forward | KSN

“I don’t think we have safety in our elections right now,” says Dr. Beth Clarkson. “As long as we are using these machines that are vulnerable, and have no verification, how can we claim we have secure elections?” Clarkson is suing Secretary of State Kris Kobach. She sued in 2014, but this time, she says it is different. “Last time, I asked for records for my precinct,” says Clarkson. “This time, I’m asking for a completely anonymous sample. Anonymous. I can pull a sample in a way that will preserve anonymity by making sure that we only sample voting stations that have multiple machines.” continues Dr. Clarkson. “Because they don’t track which machine goes where. The machines that we use are considered vulnerable, shall we say, to hacking. There’s nothing done after the election to ensure that the machine results that are reported are accurate.”

Kansas: State seeks to block release of voting machine paper tapes | Associated Press

The top election official in Kansas has asked a Sedgwick County judge to block the release of voting machine tapes sought by a Wichita mathematician who is researching statistical anomalies favoring Republicans in counts coming from large precincts in the November 2014 general election. Secretary of State Kris Kobach argued that the records sought by Wichita State University mathematician Beth Clarkson are not subject to the Kansas open records act, and that their disclosure is prohibited by Kansas statute. His response, which was faxed Friday to the Sedgwick County District Court, was made public Monday. Clarkson, chief statistician for the university’s National Institute for Aviation Research, filed the open records lawsuit as part of her personal quest to find the answer to an unexplained pattern that transcends elections and states. She wants the hard-copies to check the error rate on electronic voting machines that were used in a voting station in Sedgwick County to establish a statistical model.

Kansas: Kris Kobach seeks to block release of voting machine paper tapes | Topeka Capital-Journal

The top election official in Kansas has asked a Sedgwick County judge to block the release of voting machine tapes sought by a Wichita mathematician who is researching statistical anomalies favoring Republicans in counts coming from large precincts in the November 2014 general election. Secretary of State Kris Kobach argued the records sought by Wichita State University mathematician Beth Clarkson aren’t subject to the Kansas open records act and their disclosure is prohibited by Kansas statute. His response, which was faxed Friday to the Sedgwick County District Court, was made public Monday. Clarkson, chief statistician for the university’s National Institute for Aviation Research, filed the open records lawsuit as part of her personal quest to find the answer to an unexplained pattern that transcends elections and states. She wants the hard copies to check the error rate on electronic voting machines that were used in a voting station in Sedgwick County to establish a statistical model.

Kansas: Kobach proposal would purge more than 34K prospective voters | The Kansas City Star

Opponents of a proposed regulation that would allow Kansas Secretary of State Kris Kobach to purge the names of more than 34,000 prospective voters will protest at a public hearing next month, but concede there is little else they can do. The architect behind some of the nation’s strictest voter ID requirements, Kobach is pushing an administrative rule that would allow him to throw out any incomplete voter registration forms after 90 days, most of which lack proof-of-citizenship documentation such as a birth certificate, passport or naturalization papers. Purging the suspension list, which had 34,454 names as of Wednesday, would leave just 4,202 names. … A hearing is set for Sept. 2 over the purge, but Kobach and his opponents agree that, as secretary of state, he has the power to unilaterally change the rules. “These are just formalities he has to go through before he can do it,” said state Rep. Jim Ward, a Democrat.

Kansas: Mathematician seeking to audit election results isn’t optimistic | The Wichita Eagle

A Wichita State University mathematician suing Secretary of State Kris Kobach and Sedgwick County Election Commissioner Tabitha Lehman isn’t optimistic that she’ll win her case. Beth Clarkson, a WSU mathematician, says she has identified anomalies with election results in Sedgwick County in the 2014 election and wants an opportunity to perform an audit. To that end, she is suing the county and the state’s top election officers. Clarkson, who filed an unsuccessful suit in 2013, told supporters in an Aug. 19 newsletter that she was not optimistic about her chances of winning in court this time.

Kansas: Lawmakers question Kobach’s effort to purge ‘suspense’ voter list | Lawrence Journal World

Four Kansas Lawmakers went on record Monday opposing Secretary of State Kris Kobach’s proposal to cancel voter registration applications after 90 days if those voters do not submit proof of citizenship or other required information. Those statements came during a meeting of the Legislature’s Joint Committee on Administrative Rules and Regulations, which reviews proposed regulations, but which does not have authority to veto them. “I want to record my opposition to this arbitrary and capricious 90-day rule,” said Rep. Jim Ward, D-Wichita, who also raised new questions about whether the state’s proof-of-citizenship requirement is constitutional, in light of a recent federal appeals court opinion.

Kansas: Some say ruling on Texas voter ID law may have implications for Kansas | The Wichita Eagle

Some experts say a federal appeals court decision overturning Texas’ voter identification law could open a new legal front to challenge Kansas requirements, but Kansas Secretary of State Kris Kobach says he thinks the voter ID law he wrote will stand up to court scrutiny. Voting-rights organizations are projecting national implications from a decision handed down Wednesday by judges of the Fifth Circuit Court of Appeals in New Orleans. The judges ruled that Texas’ requirement for voters to show photo ID when casting a ballot has the effect of discriminating against minority voters in violation of Section 2 of the federal Voting Rights Act. The judges sent the case back to a lower court for consideration of remedies to fix the discriminatory effect and possibly make further findings on whether Texas intended to infringe on minority voters’ rights when it passed its photo-ID law.

Kansas: First election fraud cases coming next month, Kobach tells NEJC Conservatives | Prairie Village Post

The Kansas Secretary of State’s office will waste little time making use of its new prosecutorial powers, Kris Kobach told a gathering of the Northeast Johnson County Conservatives on Tuesday. At the group’s monthly meeting at Burg and Barrel in Overland Park, Kobach said he was preparing to bring the first cases of voter fraud in September and October. Kobach gained the right to prosecute election fraud cases in June, when Gov. Sam Brownback signed SB 34, a bill Kobach had pushed for since shortly after coming into office in 2011. No other secretary of state’s office in the country has similar powers.