Kansas Judge Strikes Down Sec. of State Kobach's Attempt to Divide Voters into Two Classes

image
David YeeDavid Yee
Published: 21 Jan, 2016
2 min read

Since 2013, Kansas has required proof of citizenship to vote in elections. But there’s a small problem with that. While the Kansas voter registration form requires proof of citizenship, the federal voter registration form (available at eac.gov) does not.

Kansas has requested that the Election Assistance Commission amend the state-specific instruction to the federal forms to include proof of citizenship, but the Commission has not acted on this request.

To combat this, Secretary of State Kris Kobach (R) instituted a dual voting list, claiming that only those registering with proof of citizenship could vote in state and local elections, while those using the federal form could still vote in federal elections.

Last week, a Kansas judge ruled against both his scheme and his attempt to get the case thrown out of court.

To attempt to derail the case, brought forward by the ACLU on behalf of two Kansas residents federally registered, Kobach simply made the two plaintiffs eligible for all elections in Kansas, claiming that they no longer had a case of merit against the state.

Instead, the judge summarily ruled that Kobach didn’t have the right to implement the dual registration scheme without legislative authority.

The judge also noted that the scheme violated the sanctity of the secret ballot, especially in smaller districts, where it would be apparent how individuals on the federal registration ballots voted.

Kobach has stated he has no plans to ask for legislative authority, but will most likely appeal the ruling.

The bigger legal issue, one most likely to be resolved in federal courts, is the authority of the National Voter Registration Act and the power of the EAC to determine changes to the state-specific procedures for the federal registration form.

IVP Donate

Kobach has been politically active nationwide when it comes to proof of citizenship in voting and was the architect of the controversial Arizona voting laws.

You Might Also Like

Ethan Penner
Could This Well-Funded Independent Upend the CA Governor’s Race?
Ethan Penner, a Calabasas businessman, author, and educator with a storied career in real estate finance, has officially announced his intention to run for California governor in 2026 as an independent. On his campaign website, Penner says he is running to “disrupt the failing two-party system.” ...
12 Sep, 2025
-
5 min read
Supreme Court of the United States
Forward Party Joins Petition to SCOTUS Against State of Florida
Right now, the divide between the Republican and Democratic Parties appears beyond repair. The political rhetoric is toxic, the nation’s leadership puts party gain before lasting solutions, and few voters actually feel heard by the people elected to represent them. At a time when it seems things will only get worse from here, the Independent Voter Project filed an amicus brief with the U.S. Supreme Court along with Open Primaries and the Forward Party in support of a lawsuit that targets one of the biggest culprits behind all of this....
16 Sep, 2025
-
3 min read
congress flag
Poll: 82% of Americans Want Redistricting Done by Independent Commission, Not Politicians
There may be no greater indication that voters are not being listened to in the escalating redistricting war between the Republican and Democratic Parties than a new poll from NBC News that shows 8-in-10 Americans want the parties to stop....
10 Sep, 2025
-
3 min read