Kansas Constitution doesn't include right to vote: state high court majority

The Kansas Supreme Court released a majority opinion Friday suggesting that the state Constitution's Bill of Rights does not include a right to vote.

Former Kansas Secretary of State Kris Kobach answers questions from a moderator during a Kansas Chamber of Commerce event at the Embassy Suites by Hilton on Wednesday, Sep. 7, 2022, in Olathe. (Kansas City Star via Getty Images)

But the high court faulted the new law, noting that it doesn't include any requirement that prosecutors show intent by a voter registration volunteer to misrepresent or deceive people into believing they're an election official, and it thus "criminalizes honest speech" where "occasional misunderstandings" are bound to occur, Stegall wrote in the majority opinion.

"As such, it sweeps up protected speech in its net," Stegall said.

Because the lawsuit over the false impersonation law's constitutionality is likely to succeed, the state Supreme Court ordered the lower court to reconsider issuing an emergency injunction against it.

"For three years now, Kansas League of Women Voters volunteers have been forced to severely limit their assistance of voters due to this ambiguous and threatening law," said Martha Pint, president of the chapter. "The League’s critical voter assistance work is not a crime, and we are confident this provision will be quickly blocked when the case returns to the district court."

Loud Light executive director Davis Hammet said he hopes the lower court "will stop the irreparable harm caused daily by the law and allow us to resume voter registration before the general election."

Neither Kansas Secretary of State Scott Schwab nor state Attorney General Kris Kobach responded to requests for comment on that portion of the high court's ruling.

Instead, in a joint statement, Schwab and Kobach focus on the high court's language bolstering the signature verification law and its upholding of a provision that says individuals may collect no more than 10 advance ballots to submit to election officials.

"This ruling allows us to preserve reasonable election security laws in Kansas," Schwab said.

Supporters have argued the ballot collection restriction combats "ballot harvesting" and limits voter fraud. The GOP-led Legislature passed it over a veto by Kansas Democratic Gov. Laura Kelly. Critics have said it's a Republican reaction to baseless claims that the 2020 election was not valid, which prompted a wave of misinformation and voter suppression laws across the country.

Last year, the Kansas Court of Appeals reinstated a lawsuit challenging the ballot collection limitation and the signature verification, saying both impair the right to vote. But the high court upheld the limit on ballot collections, saying "voters have numerous avenues available to deliver their ballots" and that ballot collecting doesn't fall within the parameters of free speech.

Kobach defended the majority's opinion as "well-reasoned" and confirms that the Legislature has the constitutional authority to establish proofs "to ensure voters are who they say they are."

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"And that is exactly what Kansas’s signature verification requirement is," Kobach said.

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