In a Victory for Voters, Kansas Supreme Court Finds Voter Suppression Law Likely to Violate State Constitution
WASHINGTON, D.C. – In a decision issued on Friday, May 31, the Kansas Supreme Court unanimously ruled that a lawsuit challenging the constitutionality of a law that is so broadly worded that it could criminalize the plaintiffs’ voter registration efforts is likely to succeed. The court also reversed the dismissal of the plaintiffs' challenge to Kansas' signature matching law, allowing challenges based on equal protection and due process to proceed.
Elias Law Group attorneys brought these challenges on behalf of several Kansas voters and organizations that engage in voter registration efforts, including Loud Light, the Kansas Appleseed Center for Law and Justice, and the Topeka Independent Living Resource Center.
"We are gratified by today's decision, in which the Kansas Supreme Court unanimously agreed that our challenge to the unconstitutional law criminalizing certain voter registration efforts is likely to succeed, paving the way for an injunction that would allow organizations that register voters to do their important civic engagement work without the fear of being criminally prosecuted," said Elisabeth Frost, Partner at Elias Law Group. "This law has dramatically reduced voter registration in the state, particularly by civic organizations who are critical to reaching voters that are often sorely underserved by governmental registration programs. We are proud to represent Loud Light, the Kansas Appleseed Center for Law and Justice, and the Topeka Independent Living Resource Center in this challenge, and look forward to their ability to get back to their important voter registration efforts, without fear of criminal prosecution, so that they can continue to play their vital role in helping more eligible Kansans participate in our democracy."
The Court split 4-3 on the plaintiffs’ right to vote claims brought under the Kansas Constitution. “While we are disappointed with the majority’s treatment of those claims, we are continuing to analyze the lengthy and complex decision and will not stop fighting for voters and their right to have their voice heard in our elections," Frost continued.
Click HERE to read the full decision from the Kansas Supreme Court.
Elias Law Group attorneys Elisabeth Frost, Justin Baxenberg, and Marisa O'Gara contributed to this case.
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