Kansas Supreme Court Rules There is No Natural Right to Vote for Kansas Citizens, Only a Political Right Subject to the Legislature’s Restrictions



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

The Kansas Supreme Court issued a contentious narrow decision Friday, determining that Kansas citizens do not have a “natural right” to vote.  Instead, the majority ruled that citizens have a “political right,” subject to qualification by its legislature.  

Fueled by conspiracy theories, the legislature passed a spate of anti-voter bills in 2021, restricting voting by mail, who could assist voters in returning ballots, and how many ballots could be returned by get-out-the-vote groups.  It also implemented notoriously inaccurate signature matching for mail-in ballots, but no provisions for voters to “cure” a mismatch.  The rules could potentially disenfranchise thousands.

Pro-democracy groups sued, arguing the rules infringed on the constitutional right of Kansans to vote.  The court’s majority ruled 4-3 that Kansas citizens do not have a “natural right”, only a “political right” under the Article 5 Suffrage provisions of the state constitution.  As such, the legislature can require, QUOTE, “’proper proofs’ contemplated by article 5, section 4 may include any reasonable provision for ascertaining who is entitled to vote—that is, who is a qualified elector under article 5.”   

The signature matching and ballot delivery restrictions will stand, subject to lower court review.  Another provision prohibiting impersonation of election officials which stopped the voter assistance work of the League of Women Voters and other groups, was returned to the lower courts.

Justice Eric Rosen wrote in his dissent, “I cannot and will not condone this betrayal of our constitutional duty to safeguard the foundational rights of Kansans.” 

Find links to the decision and the groups taking action at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
American Democracy Minute – Challenge to Portions of Kansas Voter Suppression Laws Reach the State’s High Court
American Democracy Minute – Is Voting a Fundamental Right? The Kansas Supreme Court Hears a Case Where the State Argues It’s Not.
Supreme Court of Kansas –  Ruling in League of Women Voters of Kansas v. Schwab
State Library of Kansas – State Constitution Article 5: Suffrage
Kansas Reflector – Kansas Supreme Court’s opinion tries to unsnarl web of challenges to 2021 state election laws
League of Women Voters – Civic Groups Respond to Kansas Supreme Court Ruling on Controversial Voting Laws

Groups Taking Action:

League of Women Voters of Kansas, Loud Light, Kansas Appleseed Center for Law and JusticeTopeka Independent Living Resource Center


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