Fish v. Schwab (formerly Fish v. Kobach)
What's at Stake
This lawsuit challenges Kansas’ documentary proof-of-citizenship law which requires people, when they register to vote, to show documents to prove their citizenship. It violates the National Voter Registration Act, a federal law designed to make it easier for Americans to register to vote and maintain their registrations.
Summary
The lawsuit was filed in U.S. District Court for the District of Kansas on February 18, 2016, on behalf of the League of Women Voters of Kansas, and individual Kansans. The case was brought by the American Civil Liberties Union, the ACLU of Kansas, and Dechert LLP. It sought a court order requiring the state to immediately register thousands of Kansans who had attempted to register to vote at a DMV office, but who were denied due to their supposed failure to comply with the state’s citizenship documentation requirements. In order to comply with the NRVA, states have to provide people with an opportunity to register to vote when they apply for or renew their driver's licenses at the DMV. Instead, Kansans were being told they must present additional citizenship paperwork in order to become registered — or they're not being informed at all, only to find out later that they've been suspended from voting. Between 2013-2016, the law blocked more than 17,000 Kansans from registering to vote through the DMV – and a total of more than 35,000 Kansans from registering to vote through any means.
In June 2018, a federal trial court struck down the law after finding it violated the National Voter Registration Act and the U.S. Constitution. The state appealed.
Legal Documents
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02/18/2016
Complaint -
02/26/2016
Expert Report of Dr. Michael McDonald -
02/26/2016
Expert Report of Dr. Lorraine Minnite -
02/26/2016
Memorandum in Support of Plaintiff's Motion for Preliminary Injunction -
03/18/2016
First Amended Complaint For Injunctive and Declaratory Relief -
04/12/2016
Reply in Support of Plaintiffs' Motion for Preliminary Injunction -
08/18/2016
Order Denying Stay -
09/23/2016
Motion for Contempt -
09/29/2016
Joint Status Report -
09/29/2016
District Court Show Cause Order -
10/05/2016
Transcript of Telephone Status Conference -
10/15/2016
Memorandum and Order (10-14-18) -
01/06/2017
Memo in Support of Plaintiffs' Motion for Partial Summary Judgment -
06/23/2017
Federal Order Sanctioning Kris Kobach -
10/05/2017
Memorandum and Order -
10/05/2017
Exhibit U -
10/05/2017
Exhibit EE -
10/13/2017
11/9/16 Email from Kobach to Trump Transition Team -
10/13/2017
Order Compelling Production of Documents -
10/26/2017
Exhibit DD (Excerpts) -
01/03/2018
Memorandum Order On Summary Judgement -
01/06/2017
Memo in Support of Plaintiffs' Motion for Partial Summary Judgment -
02/26/2018
Memo in Support of Motion for Contempt -
04/18/2018
Contempt Order -
06/18/2018
Findings of Fact and Conclusions of Law
Date Filed: 02/18/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 02/26/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 02/26/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 02/26/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 03/18/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 04/12/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 08/18/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 09/23/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 09/29/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 09/29/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/05/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/15/2016
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 01/06/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 06/23/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/05/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/05/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/05/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/13/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/13/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 10/26/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 01/03/2018
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 01/06/2017
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 02/26/2018
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 04/18/2018
Court: District Court (D. Kan.)
Affiliate: Kansas
Date Filed: 06/18/2018
Court: District Court (D. Kan.)
Affiliate: Kansas
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06/10/2016
Order for Expedited Review -
08/18/2016
Court Response Brief -
09/30/2016
Order and Judgment -
10/19/2016
Opinion Affirming Preliminary Injunction -
12/04/2018
Brief for Plaintiffs-Appellees
Date Filed: 06/10/2016
Court: Appeals Court (10th Cir.)
Affiliate: Kansas
Date Filed: 08/18/2016
Court: Appeals Court (10th Cir.)
Affiliate: Kansas
Date Filed: 09/30/2016
Court: Appeals Court (10th Cir.)
Affiliate: Kansas
Date Filed: 10/19/2016
Court: Appeals Court (10th Cir.)
Affiliate: Kansas
Date Filed: 12/04/2018
Court: Appeals Court (10th Cir.)
Affiliate: Kansas
Press Releases
ACLU Files Lawsuit on Behalf of Thousands of Kansans Blocked From Voting Over Illegal Documentation Requirement