Kansas: How the Case for Voter Fraud Was Tested — and Utterly Failed | ProPublica

In the end, the decision seemed inevitable. After a seven-day trial in Kansas City federal court in March, in which Kansas Secretary of State Kris Kobach needed to be tutored on basic trial procedure by the judge and was found in contempt for his “willful failure” to obey a ruling, even he knew his chances were slim. Kobach told The Kansas City Star at the time that he expected the judge would rule against him (though he expressed optimism in his chances on appeal). Sure enough, yesterday federal Judge Julie Robinson overturned the law that Kobach was defending as lead counsel for the state, dealing him an unalloyed defeat. The statute, championed by Kobach and signed into law in 2013, required Kansans to present proof of citizenship in order to register to vote. The American Civil Liberties Union sued, contending that the law violated the National Voter Registration Act (AKA the “motor voter” law), which was designed to make it easy to register.

Kansas: Judge rejects Kansas voter law, orders classes for Kobach | The Wichita Eagle

A federal judge has struck down a Kansas voter citizenship law that Secretary of State Kris Kobach had personally defended. Judge Julie Robinson also ordered Kobach, who is seeking the Republican nomination for governor, to take more hours of continuing legal education after he was found in contempt and was frequently chided during the trial over missteps. In an 118-page ruling Monday, Robinson ordered a halt to the state’s requirement that people provide proof of citizenship in order to register to vote. The decision holds the potential to make registration easier as the August and November elections approach. Robinson’s ruling amounted to a takedown of the law that Kobach had championed and lawmakers approved several years ago. She found that it “disproportionately impacts duly qualified registration applicants, while only nominally preventing noncitizen voter registration.”

Kansas: SOS Kris Kobach’s office paid $1,000 fine in federal case with state-issued credit card | The Topeka Capital-Journal

Kansas Secretary of State Kris Kobach used state tax dollars to comply with a federal magistrate’s order to pay a $1,000 fine for misleading the court about documents in a folder he carried into a meeting with Donald Trump shortly after the Republican was elected president. U.S. Magistrate Judge James O’Hara levied the penalty against Kobach after concluding he made “patently misleading characterizations” to the court about materials he carried into the Trump meeting in late 2016. The judge urged the secretary of state to avoid making unsupportable positions in such matters because it “it hurts his or her credibility when the court considers arguments” on more complex matters. Micah Kubic, executive director of the ACLU of Kansas, said three weeks ago Kobach had paid the penalty “out of his own pocket.” However, a Kansas Open Records Act request of the Kansas Department of Administration produced records Friday showing the payment was processed July 21, 2017, with a credit card issued by the state to Craig McCullah, who at that time was deputy assistant secretary of state under Kobach and is now seeking the Republican Party’s nomination as secretary of state.

Kansas: Kobach attorney says ACLU fees for contempt are redundant, excessive | The Topeka Capital-Journal

An attorney for Kansas Secretary of State Kris Kobach says the attorney fees requested by the American Civil Liberties Union for a contempt finding against Kobach are unreasonably high. In the latest filing in a case over the state’s voter registration law, which requires applicants to provide proof of citizenship, Sue Becker argues $50,000 is too costly for a single motion. A federal judge issued the contempt ruling in April, a month after a hearing over the failure of Kobach and his office to comply with her orders in the case.

Kansas: Appeals Court Bats Down Kobach Request To Overturn Contempt Finding | TPM

An appeals court dismissed Tuesday a request by Kansas Secretary of State Kris Kobach to overturn a federal judge’s finding that he was in contempt of court. The three-judge panel of the 10th U.S. Circuit Court of Appeals said in its dismissal that Kobach had appealed the contempt finding prematurely. “Although the district court stated that it was imposing sanctions, specific sanctions have not yet been imposed,” the judges wrote. “Here, not only has the district court not issued findings of fact and conclusions of law or final judgment, the district court has not determined a discernable amount of sanctions.”

Kansas: ACLU asks Kobach to correct online information for Kansas voters | Topeka Capital-Journal

The American Civil Liberties Union on Thursday asked Kansas Secretary of State Kris Kobach to correct voting information on state and county websites or risk further legal action. Kobach fought ACLU in a trial in March over the state’s proof of citizenship requirement in voter registrations. U.S. District Judge Julie Robinson blocked enforcement of the law pending outcome of the case, then found Kobach to be in contempt for failing to comply with her orders. In a letter emailed to Kobach, ACLU points out multiple online references that erroneously say voters must prove their citizenship before voting. ACLU asks for changes to four sections of the secretary of state’s website, as well as information found on Douglas, Riley and Crawford county websites. ACLU attorney Dale Ho said Kobach “should have taken care of all of this long ago.”

Kansas: ACLU seeks $51K for fight with Kobach that led to contempt finding | Topeka Capital-Journal

The American Civil Liberties Union is asking for more than $50,000 in compensation for hours spent fighting Kansas Secretary of State Kris Kobach over issues that led to his contempt of court finding. U.S. District Judge Julie Robinson ordered Kobach’s office to pay for attorney fees and expenses when she ruled last month that Kobach ignored her orders after she blocked enforcement of the state’s voter registration law. Kobach has filed a notice with the court saying he intends to appeal her decision. Kobach failed to follow through on a promise to Robinson that counties would send postcards notifying people they could vote, even if they failed to show proof of citizenship when they registered. He continued to fight the notion that postcards were necessary until the day of his contempt hearing, which followed a trial in which he struggled to prove claims of widespread voter fraud.

Kansas: Kobach can use state money to pay contempt costs | The Kansas City Star

Kansas lawmakers have abandoned an effort to force Secretary of State Kris Kobach to pay out of his own pocket the costs of being held in contempt of court. The decision ended a looming showdown between Kobach and the Legislature over who is on the hook financially. Kobach was dressed down by a federal judge during a civil trial over voter rights and ordered to pay attorney fees for the plaintiffs in the case. The Legislature’s decision to drop the effort means Kobach will be able to use state money to pay any fines stemming from being found in contempt. During negotiations over the state budget, lawmakers on Tuesday removed a prohibition on using state money to pay for contempt fines or defend himself against contempt. The House had approved the rule last week. Lawmakers negotiating a final deal on the budget removed the prohibition after a letter from Kobach’s office to top Republicans contending the ban would be illegal became public.

Kansas: Kobach’s office: Stopping him from paying contempt fine with state money ‘illegal’ | The Kansas City Star

Kris Kobach’s office says a House effort to stop him from using state money to pay fines for being found in contempt of court is illegal. A top lawyer in the secretary of state’s office condemned the Republican-controlled House’s decision to put the prohibition in its most recent budget. In a letter to legislative leaders obtained by McClatchy, senior counsel Sue Becker raised potential problems with the budget requirement. “(The) proviso is illegal and would require the State to expend significant resources in any futile attempt to defend it,” the letter says.

Kansas: House votes against state money for Kobach for contempt case | The Kansas City Star

A move by a Kansas House Republican would keep GOP Secretary of State Kris Kobach from using state money to pay for being found in contempt of court. Kobach, who is running for governor, was found in contempt of court by a federal judge earlier this month. The legislation was offered by Rep. Russ Jennings, R-Lakin. He said the move would prohibit using any state money for defense or penalties involved in a finding of a contempt of court by statewide elected officials. That would include the governor and the secretary of state. “You pay your own bills if you get yourself in that kind of trouble,” Jennings said. The change passed, 103-16. The overall budget bill that includes the prohibition is still a ways from making it to Gov. Jeff Colyer’s desk.

Kansas: ‘Probably not worth arguing’: Kobach legal team mistakenly files draft with note | Topeka Capital-Journal

Kansas Secretary of State Kris Kobach’s office on Tuesday mistakenly filed an unfinished document in the case over the state’s voter registration law. An all-caps note in the document declares a legal point is “PROBABLY NOT WORTH ARGUING.” Another section was left blank. There is a declaration that “it has been illegal in Kansas to register to vote for years.” The office later corrected the document, which was signed by Garrett Roe, a deputy assistant secretary of state.

Kansas: Federal judge finds Kris Kobach in contempt of court | The Kansas City Star

A federal judge on Wednesday found Kansas Secretary of State Kris Kobach in contempt of court in a case involving state voting laws, her latest rebuke of the Republican candidate for governor. Kobach is considered a GOP frontrunner despite his constant court battles involving voter fraud and strict voting requirements that he has pushed while in office as the state’s top election official. In her ruling, U.S. District Judge Julie Robinson in Kansas City, Kan., referred repeatedly to Kobach as acting “disingenuously.” She chastised him for failing to treat the voters affected by the ongoing court case the same as all other registered voters in accordance with a previous court order.

Kansas: Kobach to appeal contempt ruling; secretary of state hit with fresh ethics complaint | The Topeka Capital-Journal

Secretary of State Kris Kobach affirmed plans Thursday to appeal a federal judge’s order finding him in contempt and another skeptic of Kobach’s role in voting rights litigation responded by submitting an ethics complaint against Kansas’ chief election officer. A U.S. District judge declared Kobach in contempt for refusing to comply with her directives in a lawsuit brought by the American Civil Liberties Union challenging state law requiring proof of citizenship when registering to vote. Judge Julie Robinson also instructed Kobach to pay unspecified attorney fees for declining to abide by her 2016 order blocking enforcement of the citizenship law in Kansas. “The secretary of state’s office will be appealing this decision,” said Kobach spokeswoman Moriah Day. “Secretary Kobach has no additional comment at this time.”

Kansas: Judge: Kansas secretary of state in contempt in voting case | The Washington Post

Kansas Secretary of State Kris Kobach violated a court order that required his office to inform certain people that they were eligible to cast a ballot while a lawsuit challenging a state law requiring proof of U.S. citizenship worked its way through the courts, a federal judge ruled Wednesday. U.S. District Judge Julie Robinson found Kobach, a conservative Republican running for Kansas governor, in contempt of court. She did not fine Kobach but ordered him to pay court costs, including attorney fees for the American Civil Liberties Union, which sought the contempt ruling. Moriah Day, a spokeswoman for Kobach’s campaign for governor, said the secretary of state’s office would appeal the decision and would have no other comment.

National: Kobach encouraged Trump to add citizenship question to Census | The Kansas City Star

Kansas Secretary of State Kris Kobach encouraged President Donald Trump to add a question about citizenship status to the U.S. Census during the early weeks of Trump’s presidency. More than a year later, Trump’s administration has moved to enact that exact policy for the 2020 census. “I won’t go into exact detail, but I raised the issue with the president shortly after he was inaugurated,” Kobach said Tuesday. “I wanted to make sure the president was well aware.” Kobach, a Republican candidate for Kansas governor who is running on a platform focused on immigration, also published a column in January on Breitbart calling for Trump to reinstate the question to the Census.

Kansas: Kris Kobach’s Voting Sham Gets Exposed in Court | The New York Times

The modern American crusade against voter fraud has always been propelled by faith. That is, an insistent belief in things unseen — things like voters who show up at the polls pretending to be someone else, or noncitizens who try to register and vote illegally. Fraud like this is so rare as to be almost unmeasurable, and yet its specter has led to dozens of strict new laws around the country. Passed in the name of electoral integrity, the laws, which usually require voters to present photo IDs at the polls or provide proof of citizenship to register, make voting harder, if not impossible, for tens of thousands of people — disproportionately minorities and others who tend to vote Democratic. The high priest of this faith-based movement is Kris Kobach, the Kansas secretary of state and gubernatorial candidate who has been preaching his gospel of deception to Republican lawmakers for years. He has won plenty of converts, even though he has failed to identify more than a tiny handful of possible cases of fraud. In his eight years as secretary of state, he has secured a total of nine convictions, only one of which was for illegal voting by a noncitizen; most were for double-voting by older Republican men.

Kansas: Judge In Kansas Voting Trial Unloads Frustration on Kobach | KCUR

Kansas Secretary of State Kris Kobach got a tongue lashing Tuesday from the judge who will decide whether he violated federal law by blocking tens of thousands of voter applications. Federal Chief District Judge Julie Robinson, a George W. Bush appointee, accused Kobach of engaging in “gamesmanship” and skirting her orders. In the nearly two years since Robinson ordered him to register those voters, she said, he has forced her and the American Civil Liberties Union to monitor his actions down to the tiniest details in an effort to get him to comply.  “I’ve had to police this over and over and over again,” she said.

Kansas: Testimony ends in Kansas voting law trial; no opinion yet | Associated Press

A Kansas voter registration law enacted in 2013 has stopped thousands of eligible citizens from voting and will damage the election process if it is allowed to stand, an attorney for the American Civil Liberties Union argued Monday as testimony ended after seven, often-contentious days in a federal bench trial. ACLU attorney Dale Ho said during closing arguments that the hordes of noncitizens accused of illegally registering to vote and stealing elections by Kansas Secretary of State Kris Kobach “are not real.” He derided one of Kobach’s frequent statements that the 129 noncitizens he says have registered to vote in Kansas are “just the tip of the iceberg.” “The iceberg, on close inspection your honor, is more of an ice cube,” said Ho, who urged U.S. District Judge Julie Robinson to find that the law will not be imposed in Kansas.

Kansas: Voting trial over. One more court day, a contempt hearing, ahead for Kobach | The Kansas City Star

A federal judge will decide whether thousands can vote in Kansas this fall after the conclusion of a two-week trial that saw a leading candidate for governor scolded and scrutinized. Kansas Secretary of State Kris Kobach, a Republican candidate for governor, led the legal team defending the state’s proof of citizenship requirement, a policy he crafted, against a pair of federal lawsuits. The case will have national implications because Kobach has previously advised President Donald Trump on voter fraud and remains in contact with his administration. The trial wrapped up Monday evening, but Kobach still faces a contempt hearing Tuesday. Kobach’s office has pointed to 129 non-citizens that it says either registered or attempted to register over nearly two decades, but he has repeatedly said this number could be “the tip of the iceberg” and has offered estimates that as many as 18,000 are on the state’s voter rolls.

Kansas: Let’s check in with Kris Kobach’s illegal voter quest | Salon

Kansas Secretary of State Kris Kobach wants Americans to believe that voter fraud is such a pervasive problem that it could even explain how Hillary Clinton won the popular vote. It’s one thing to point out that the overwhelming majority of political experts disagree with his assertion; even his own expert, however, won’t back up his claim. During a trial over Kansas’ restrictive voter registration law, political scientist Jesse Richman was unable to support many of his claims as he was interrogated by two lawyers from the American Civil Liberties Union, according to the Topeka Capital-Journal. Richman was testifying as an expert witness for Kobach, who has pointed to Richman’s work in order to back up his own theories about voter fraud during the 2016 presidential election.

Kansas: Kobach witness can’t support claim that illegal votes helped Hillary Clinton | Topeka Capital Journal

Jesse Richman endured a blistering critique Tuesday of his estimate of 18,000 noncitizen voters in Kansas and said he couldn’t support claims by Kansas Secretary of State Kris Kobach that Hillary Clinton won the popular vote because more than 3 million illegal ballots were cast in the 2016 presidential election. Richman, who teaches political science at Old Dominion University, testified as an expert witness for Kobach in a trial over the state’s voter registration law. Kobach, who is seeking the GOP nomination in this year’s governor’s race, has referred to the 18,000 figure as the best available estimate for showing proof of citizenship is needed to address widespread voter fraud. American Civil Liberties Union attorneys took aim at shortcomings in Richman’s methods and presented two experts to refute his conclusions. Varying estimates from Richman are based on small-sample surveys, including one in which six of 37 noncitizens said they tried to register to vote. Under questioning by ACLU attorney Dale Ho, Richman acknowledged he had no way of knowing if those six were successful in their efforts.

Kansas: ‘Incredible and offensive’: Retired attorney feels sorry for Kobach team in voter fraud trial | Topeka Capital Journal

Bart Budetti thinks Kansas Secretary of State Kris Kobach and his assistants are in over their heads and wasting U.S. District Court Judge Julie Robinson’s time. A 75-year-old retired attorney who once found himself opposite Kobach in a legal dispute over a food bank, Budetti watched a trial unfold last week with daily confrontations and colorful references to a bazooka, red herring, icebergs, Gmail usage and the type of sandwich that can be used as fertilizer. Kobach is defending himself and the state’s voter registration law in a case that challenges his ability to prove claims of widespread fraud. Video of previously sealed testimony from Kobach’s deposition last year revealed he prepared for the eventuality of losing the case.

Editorials: Kris Kobach’s Voter-Fraud Failure Is on Trial in Kansas | Francis Wilkinson/Bloomberg

For a public employee with a full-time job, Kris Kobach has an enviable amount of free time. Elected Kansas secretary of state in 2010, he traveled the country advising right-wing politicians on the best ways to chase undocumented immigrants from their states. After the 2016 election of President Donald Trump, Kobach kept his day job in Kansas while leading Trump’s voter-fraud commission, a political Hindenburg that self-combusted in January after having conspicuously compiled no evidence whatsoever to justify its existence. This week, Kobach, who is frequently away from his office running for governor, is in federal court in Kansas City, Kansas, where he has opted to represent his office in a lawsuit filed by the American Civil Liberties Union on behalf of the League of Women Voters and individuals.

Kansas: Kobach, ACLU clash over Kansas voter law at federal trial | The Wichita Eagle

Secretary of State Kris Kobach and the ACLU fought at a trial Tuesday over a law that could affect whether thousands of Kansans will be able to vote this fall. The outcome will affect people like Charles Stricker, a manager at the Ambassador Hotel in Wichita who was the first witness. Stricker thought he had registered to vote in 2014 when he signed up at a DMV, but it turns out he wasn’t. He hadn’t provided proof of citizenship as required by a 2013 Kansas law. The ACLU has sued in federal court to permanently block the law, saying it is unconstitutional and has denied thousands of Kansans the ability to vote.

Kansas: Federal judge to Kobach: ‘That’s not how trials are conducted’ | The Kansas City Star

A federal judge rebuked Kansas Secretary of State Kris Kobach Thursday after his team tried to introduce data that has not been shared with plaintiffs’ attorneys into a trial. Kobach, a Republican candidate for governor, is handling his own defense with the help of two staff attorneys in the lawsuit against a Kansas law that requires prospective voters to provide proof of citizenship in order to register. U.S. District Judge Julie Robinson has repeatedly warned Kobach’s team about trying to introduce evidence that has not been shared with the plaintiffs during the first three days of the high stakes trial, which will determine whether thousands can vote in Kansas this November.

Kansas: Kobach testimony could give insight on talks with Trump | The Kansas City Star

A federal judge will allow the ACLU to show video of Kansas Secretary of State Kris Kobach speaking about his advice to President Donald Trump as part of a trial that will determine whether thousands can vote in Kansas this November. The video of a 2017 deposition will serve as a piece of evidence in the American Civil Liberties Union’s challenge of a Kansas law that requires prospective voters to provide proof of citizenship, such as a birth certificate or passport, before they can register to vote. Kobach’s team objected Wednesday to the showing of the video on the grounds that they had not had a chance to review it. They asked that a transcript of the deposition be read instead. U.S. District Judge Julie Robinson agreed to delay the viewing of the 45-minute video until Thursday to give Kobach’s team a chance to review it, but she rejected the request to prevent it from being played at the trial.

Kansas: Trial Tests Kansas Voter Registration Rules, And Kobach’s Fraud Claims | KCUR

A Kansas law that blocked tens of thousands of voter registrations goes on trial this week in federal court — testing whether fraud is common enough to warrant tougher registration rules. Kansas Secretary of State Kris Kobach wants to prove his oft-made and much-challenged assertions that voter fraud isn’t just a risk, but a real and widespread problem. If he fails in court, the state will no longer be able to block voter registrations at driver’s license offices for failing to show such things as birth certificates or passports to prove citizenship.

Editorials: Kansans’ voting rights at risk as Kris Kobach gets his day in court | The Kansas City Star

Kansas Secretary of State Kris Kobach’s relentless campaign to make it harder to register to vote goes on trial Tuesday in federal court. The nation will be watching the case play out in Kansas City, Kan. If Kobach prevails, many states across the country are likely to erect new barriers to registration, making it harder for the voters’ will to be known in races from the city council to the White House. If Kobach loses — which seems more likely than not — the right to register and vote without major obstruction will have at least some protection, as it should have. At issue is a state law requiring Kansans to provide “documentary proof of citizenship,” such as a birth certificate or adoption decree, when registering to vote at the driver’s license office. Kobach and other allies said producing birth certificates and passports for registration would be easy for eligible citizens but would be hard for non-citizens, keeping them from the ballot box.

Kansas: Senate bill would remove Kris Kobach’s authority to appoint elections commissioners | Topeka Capital Journal

A dispute over Shawnee County’s election budget spurred lawmakers to weigh a bill Tuesday stripping Secretary of State Kris Kobach’s authority to appoint elections commissioners in Kansas’ four largest counties. Senate Minority Leader Anthony Hensley, a Topeka Democrat, brought the bill, which would give county commissions the authority to appoint their own election officers to administer local and statewide races. Kobach currently appoints elections commissioners in Shawnee, Sedgwick, Johnson and Wyandotte counties, which collectively spend between $5 and $7 million during an even-numbered year to administer elections, according to Kansas Elections Director Bryan Caskey.

Kansas: Kobach acting as his own attorney in upcoming trial | The Wichita Eagle

When a federal lawsuit challenging Kansas’s proof of citizenship voter law goes to trial in March, Kansas Secretary of State Kris Kobach plans to be in the courtroom. He’ll be the attorney defending the law he crafted. Rarely, if ever, do statewide elected officials represent themselves at trial. The unusual situation is made possible by Attorney General Derek Schmidt. Kobach, who is being sued in his official capacity as secretary of state, received permission from Schmidt to represent himself at the trial-court level in the lawsuit after he agreed that the secretary of state’s office will pay for all costs of the case, Schmidt’s office said.