The state Democratic Party today won a decision in Shawnee County District Court involving the U.S. Senate seat on the ballot in Kansas.
The court stated in a decision today that challenger David Orel, a Democratic voter from Kansas City, Kan., had failed to adequately support his petition that asked the court to order the party to fill the vacant slot on the ballot, after candidate Chad Taylor withdrew from the contest.
If it stands, this decision today means that that race for U.S. Senate in Kansas now is essentially between incumbent Republican Sen. Pat Roberts and independent challenger Greg Orman. There is also a Libertarian candidate, Randall Batson.
The district court decided that Orel lacked standing to bring the suit. The court said in order to have standing, Orel would have to have “an injury or interest specific and peculiar to himself, and not one that he shares with the community in general.”
The district court also stated that Orel did not appear in court for the evidentiary hearing on Sept. 29.
The court also did not allow Secretary of State Kris Kobach to intervene in the case. The court said Kobach had no stake in the answer itself in his role as secretary of state, only a timely need for an answer. It also said that as secretary of state, he has no authority to sue; that authority is with the attorney general.
Kobach had filed a motion saying he needed the decision by 2 p.m. Oct. 1 so that ballots could have time to prepare overseas ballots.
The case was sent to the Shawnee County District Court by the Kansas Supreme Court recently.
The court also did not think that the Democratic Party must fill the seat after the primary election had taken place.
The 22-page decision announced today can be viewed at http://www.shawneecourt.org/DocumentCenter/View/523.