ACLU Sues Kansas Over Dual Voter Registration System
TOPEKA, Kan. — The American Civil Liberties Union today filed a lawsuit challenging Kansas’ dual voter registration system, charging it violates the Kansas Constitution and state law.
The dual system prevents qualified Kansas voters from voting in state and local elections due solely to their method of registration. Secretary of State Kris Kobach received administrative approval last week of a temporary regulation aimed at formalizing this system, which a court has already declared violates state law.
“Secretary Kobach continues to seek ways to confuse and obstruct voters in Kansas. His flagrant disregard of the court’s findings means that Kansans still face unnecessary barriers to voting. We’re asking the court to immediately block the temporary regulation and to ultimately end this dual system once and for all,” said Sophia Lakin, a staff attorney with the ACLU’s Voting Rights Project.
Shawnee County District Judge Franklin Theis last month reiterated that Kobach cannot stop Kansans from voting in state and local elections simply because they registered to vote using federal forms that don’t require the same onerous documentation that Kobach prefers.
The dual system would allow some Kansans to vote for federal offices, like U.S. senator and U.S. representative, but not for their state representative, state senator, or other state and local offices.
Thousands of voters are impacted, among them 90-year-old Army Air Corps veteran Marvin Brown, who registered to vote by submitting a complete federal form. He was later told that while he could vote in federal elections, he was prohibited from voting in state and local elections unless he showed additional documentary proof of citizenship.
“My family has been in Kansas since about 1850. It’s wrong that a bunch of so-called leaders would tell me that I have to show a bunch of extra documents before I can vote. As a military veteran who fought to protect our democracy, it’s particularly offensive,” he said.
At least 17,000 Kansans who registered to vote through the Division of Vehicles and were recently added to the voting rolls via a federal court order stemming from an ACLU lawsuit are affected as well.
“Secretary Kobach continues to place roadblocks in front of Kansas voters,” said Doug Bonney, legal director of the ACLU of Kansas. “The people of Kansas deserve better, which means ending these obstructionist, unconstitutional practices once and for all.”
The lawsuit, Brown v. Kobach, was filed in the Third Judicial District in Topeka.
The petition is at: /legal-document/brown-v-kobach-petition
More information is at: /cases/brown-v-kobach
Voting Rights
Brown v. Kobach
Voting Rights
Brown v. Kobach
Learn More About the Issues in This Press Release
-
News & CommentaryDec 2024
Voting Rights
Election Day is Over. Why is the Electoral College Voting Now?Election Day is Over. Why is the Electoral College Voting Now?
The Electoral College meets December 17th to certify the results of the 2024 election, but why? The ACLU breaks down if the process is worth keeping. -
New York Supreme CourtDec 2024
Voting Rights
New York Communities for Change v. Nassau CountyNew York Communities for Change v. Nassau County
This case in New York state court centers on the landmark John R. Lewis Voting Rights Act of New York (NYVRA) and the New York Municipal Home Rule Law (MHRL). The NYVRA, like several other state voting rights acts enacted in recent years, expands upon the federal Voting Rights Act’s protections against racial vote dilution. The MHRL prohibits racial discrimination and partisan gerrymandering in local-level redistricting. The ACLU’s Voting Rights Project and State Supreme Court Initiative, alongside the New York Civil Liberties Union, LatinoJustice PRLDEF, the Asian American Legal Defense and Education Fund, and Steptoe LLP filed a lawsuit on behalf of voters of color in Nassau County, New York alleging that a redistricting plan implemented in 2023 for Nassau County’s legislative districts dilutes the voting strength of Black, Latino, and Asian residents and is gerrymandered for partisan advantage in violation of the NYVRA and the MHRL. -
ArizonaNov 2024
Voting Rights
American Civil Liberties Union of Arizona v. RicherAmerican Civil Liberties Union of Arizona v. Richer
We sued elections officials in Arizona to extend the mail ballot “cure” deadline after ballot processing delays threatened to disenfranchise thousands of voters without notice. -
Press ReleaseNov 2024
Voting Rights
Civil Rights Groups Respond to Flawed Trial Court Opinion on New York Voting Rights ActCivil Rights Groups Respond to Flawed Trial Court Opinion on New York Voting Rights Act
ORANGE COUNTY, Calif. — On November 7, a New York State Supreme Court trial judge issued an opinion striking down the John R. Lewis Voting Rights Act of New York (NYVRA). Today, the Legal Defense Fund, American Civil Liberties Union, LatinoJustice PRLDEF, Asian American Legal Defense and Education Fund, New York American Civil Liberties Union, and Brennan Center for Justice at NYU Law issued the following statement in response to the ruling: “The NYVRA is unquestionably constitutional, and protects the freedom to vote for all New Yorkers by helping to ensure voters are not subjected to discrimination when participating in the political process. “The Nov. 7 decision by a state trial judge is deeply flawed and plainly incorrect. We fully expect the decision to be reversed on appeal. It flies in the face of basic legal principles and constitutes a stunning overreach in striking down the entire law, including provisions that are not at issue in the case. “To put it simply, the NYVRA does not discriminate, it bans discrimination – and in doing so protects New Yorkers’ most fundamental right. “New York is stronger when everyone has an equal opportunity to vote.”