Kansas Constitution does not include a right to vote, state Supreme Court majority says

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Kansas News

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The Kansas Supreme Court's majority has held that there is no state constitutional right to vote in the state. The assertion came in the court's opinion on a ballot signature verification measure in a 2021 election law. It drew fiery protest from three dissenting judges.

FILE - Kansas Attorney General Kris Kobach speaks during a news conference, Thursday, March 28, 2024, at the Statehouse in Topeka, Kan. The Kansas Supreme Court’s majority has held that there is no state constitutional right to vote in the state. FILE - Kansas Secretary of State Scott Schwab, a Republican running for reelection, gives a victory speech at a watch party in Topeka, Kan., Tuesday, Nov. 8, 2022.

In fact, Justice Caleb Stegall, writing for the majority, said that the dissenting justices wrongly accused the majority of ignoring past precedent, holding that the court has not identified a “fundamental right to vote” within the state constitution.Justice Eric Rosen, one of the three who dissented, shot back: “It staggers my imagination to conclude Kansas citizens have no fundamental right to vote under their state constitution.

A Shawnee County District Court judge had earlier rejected the groups’ request for an emergency injunction, saying that impersonation of a public official is not protected speech. Loud Light executive director Davis Hammet said he hopes the lower court “will stop the irreparable harm caused daily by the law and allow us to resume voter registration before the general election.”

 

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