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Federal judge rules Kansas can’t make voters show citizenship papers to register

by Celia Llopis-Jepsen, Kansas News Service

Kansas will no longer be allowed to block people from registering to vote if they don’t provide documents such as birth certificates or passports to prove their citizenship.

On Monday, a federal judge ruled that doing so violates the U.S. Constitution and the 1993 National Voter Registration Act.

“It’s a 100 percent win,” said Mark Johnson, a Kansas City area attorney who represented one of the plaintiffs, Parker Bednasek. “We got everything we asked for. Can’t say that very often.”

The requirement that would-be voters show more documentation was part of a 2011 law championed by Kansas Secretary of State Kris Kobach. Kobach announced through a spokeswoman Monday night that he will appeal Chief District Judge Julie Robinson’s ruling to the 10th Circuit Court of Appeals.

“Her ruling is unlikely to survive on appeal,” spokeswoman Danedri Herbert wrote in an email. “Her conclusion is incorrect, and it is inconsistent with precedents of the U.S. Supreme Court.”

The email called Robinson’s conclusion “extreme” and the first of its kind.

But Johnson and plaintiff lawyers with the ACLU disagree, and are confident the decision will stand.

“Tens of thousands of Kansans whose registrations were blocked under this law will be able to vote in the 2018 election,” ACLU attorney Dale Ho said. “And I think anyone who cares about our democracy should be happy about that.”

The decision means Kobach needs to make sure voters who haven’t provided citizenship documents have been informed they can vote. His office will also need to ensure county election officials know the law was struck down and that election websites are updated to reflect it.

Under the National Voter Registration Act, voter applicants swear their citizenship under penalty of perjury, which comes with potential prison, fines and deportation.

Kansas is one of just two states that has required documentary proof of citizenship. The other is Arizona.

Alabama and Georgia have similar laws on the books, and Kobach, who led President Donald Trump’s now defunct election integrity commission, had wanted the White House and Congress to push more states in that direction through changes to federal law.

Kansas suspended or canceled more than 30,000 voter applications lacking citizenship documents. Kobach argued the documentation was necessary because voter fraud is a widespread problem in the U.S. and Kansas — with many thousands of non-citizens likely already on the voter rolls in his state.

To win his case he had to show proof of that fraud. Kobach said his office had evidence of more than 40 suspected non-citizens who registered to vote since 2000, and 11 who voted.

But he contended that was just “the tip of the iceberg.” His witnesses offered estimates of higher numbers based on statistical extrapolations and surveys that the court ultimately rejected.

The plaintiffs brought in experts on statistics and elections from Harvard and other universities who said Kobach’s evidence relied on bad methodology.

Robinson’s ruling also chastises the secretary of state and gubernatorial hopeful for running afoul of rules for submitting evidence and other trial procedures. She reprimanded Kobach several times a day throughout the trial in March and a dramatic contempt hearing that followed.

In April, the judge found Kobach in contempt for violating her orders to notify people who had registered to vote without providing citizenship papers that they could cast ballots while the lawsuit was pending. Kobach’s office faces tens of thousands of dollars in ACLU court fees for losing that contempt ruling, which he is also appealing.

Monday’s decision orders the secretary personally to attend six hours of extra legal training after “repeated and flagrant violations of discovery and disclosure rules.”

Celia Llopis-Jepsen is a reporter for the Kansas News Service, a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio covering health, education and politics. You can reach her on Twitter @Celia_LJ.
Kansas News Service stories and photos may be republished at no cost with proper attribution and a link back to the original post.

See more at http://kcur.org/post/federal-judge-rules-kansas-can-t-make-voters-show-citizenship-papers-register.

A little cooler, with rain and storms possible today

Today’s heavy rain outlook (National Weather Service graphic)

Relief from the heat arrives today for much of the region with an active weather pattern setting up and expecting to last into the weekend, according to the National Weather Service.

This activity should bring some much needed rain to the area. Some areas, especially north of the Kansas City area, may see several inches of rainfall with flooding possible; however, there is some uncertainty as to where the axis of heaviest rainfall will set up and the current forecast could shift a county or two north or south, the weather service said.

Marginally severe weather is possible both this afternoon and evening, and continuing into Wednesday morning, according to the weather service.

For Wyandotte County, there is a 50 percent chance of showers and thunderstorms, mainly after noon today, the weather service said. The high will be near 88 with heat index values as high as 95, and a south southwest wind of 8 to 10 mph. Between a tenth and quarter-inch of rain is possible.

Tonight, there is a 50 percent chance of showers and thunderstorms, with a low of 72, according to the weather service, and a south wind of 6 to 8 mph. Between a tenth and quarter-inch of rain is possible.

Wednesday, expect a 50 percent chance of showers and thunderstorms, with a high near 84, the weather service said, and a south southwest wind of 7 to 9 mph. Between a tenth and quarter-inch of rain is possible.

Wednesday night, there is a 40 percent chance of showers and thunderstorms, with a low of 66, according to the weather service, and a west wind of 5 to 7 mph. Between a tenth and a quarter-inch of rain is possible.

Thursday, there is a 40 percent chance of showers and thunderstorms, mainly after 1 p.m., with a high near 79 and a west wind of 6 to 8 mph, the weather service said. Less than a tenth of an inch of rain is possible.

Thursday night, there is a 30 percent chance of showers and thunderstorms, with a low of 65, according to the weather service.

Friday, there will be a high near 79, the weather service said.

Friday night, expect a low of 64 with partly cloudy skies, according to the weather service.

Saturday, there is a 30 percent chance of showers and thunderstorms after 1 p.m., with a high near 85, the weather service said.

Saturday night, there is a 50 percent chance of showers and thunderstorms, with a low of 68, according to the weather service.

Sunday, there is 30 percent chance of showers and thunderstorms, with a high near 84, the weather service said.

Sunday night, there is a 50 percent chance of showers and thunderstorms, with a low of 69, according to the weather service.

Monday, there is a 50 percent chance of showers and thunderstorms, with a high near 84, the weather service said.

Severe weather potential (National Weather Service graphic)

Teen survivors take a stand about stopping gun violence

A panel of teens, including three survivors of the Parkland school shooting, discussed what could be done to stop gun violence. They appeared at a panel discussion today at the Jack Reardon Civic Center, 5th and Minnesota Avenue, Kansas City, Kansas. (Staff photo)

Teen survivors of the Parkland school shooting had some advice on how to stop gun violence for hundreds of people who attended a rally Monday evening at the Jack Reardon Civic Center in Kansas City, Kansas.

Persons of all ages, including teens, were in the audience. The March for Our Lives group is traveling across America, talking about gun safety in different cities. They are sponsoring a voter registration drive.

Three Parkland survivors appeared at the event today, with teens from Greater Kansas City and the Chicago area on a panel.

One Parkland survivor said he recognized the value in listening to people with different opinions on the gun issue. He said he thinks there needs to be more extensive background checks of people who buy guns.

He supported universal background checks on gun sales, to block people who have been domestic abusers from buying guns. Currently, people who buy guns from a licensed dealer undergo background checks, but this effort would require background checks in private sales.

He also supported Centers for Disease Control and Prevention research into gun violence as a health issue. Most gun violence deaths have been in the United States, and it’s a health hazard, he said.

He also called for the digitalization of ATF files, to trace guns back to owners.

There are 10 policy points being advocated by the March for Our Lives effort, he said, which will save lives. Some of the other points are banning high-capacity magazines that hold more than 10 rounds; a ban on semi-automatic assault rifles; funding for programs that address the root cause of violence; implementing extreme risk protection orders to remove guns from those experiencing a crisis; a federal law to stop gun trafficking; and requiring gun owners to safely store guns and report gun thefts.

Another student on the panel today said she wanted to change the laws to make sure youth do not have easy access to guns at home. She urged calling representatives and senators, asking them to support requiring registration of guns, to know who has easy access to them.

Another student favored a law that would take away the guns of anyone making a threat to another person.

Another student also discussed gang violence, and suggested that it was occurring in communities where there is a lack of activities for youth. He also mentioned the need for the basics, such as food, in some communities.

The March for Our Lives group had a voter registration table set up in the lobby, which had recorded “double digits” of people registering to vote, said a youth working at the registration table.

The crowd loudly applauded when a student said they should vote out candidates such as U.S. Rep. Kevin Yoder, who received a lot of support from the National Rifle Association.

Strict security measures were in place for those attending tonight’s gun safety rally, including security checks with hand-held wands and registration with wristbands.

Kansas City, Missouri, Mayor Sly James appeared at the rally today. Also among those attending the rally today were Jay Sidie, a Democratic candidate for U.S. representative, 3rd District; State Sen. Pat Pettey, D-6th Dist.; Kansas State Board of Education Member Janet Waugh; Monsignor Stuart Swetland, president of Donnelly College; Scott Mackey, who has been active in Wyandotte County Democratic politics; and David Smith, chief of public affairs for the Kansas City, Kansas, Public Schools.

For more information about the March for Our Lives program, visit https://marchforourlives.com/.