Is Voting a Fundamental Right? The Kansas Supreme Court Hears a Case Where the State Argues It’s Not.

The American Democracy Minute Radio Report & Podcast for Nov. 8, 2023

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.

In defense of two restrictive voting laws, the State of Kansas argued to the Kansas Supreme Court Friday that voting is NOT a fundamental state constitutional right, as an appeals court had ruled.  

Democracy groups challenged 2021 laws implementing notoriously inaccurate signature matching for mail-in voting, and restricting third party handling of ballots. Both impede the right to vote for elderly and disabled citizens. 

The Kansas Reflector reports that a district court judge dismissed the case, but an appeals court panel ruled in March 2023 that the Kansas Constitution and Kansas Constitution Bill of Rights guarantee voting as a fundamental constitutional right. 

In Friday’s arguments, Kansas Attorney General Kris Kobach said, “If any of us wishes to exercise our freedom of speech, we may do so whenever we choose. If we wish to worship, we may do so whenever we choose.  We have absolute autonomy, and we really don’t rely on anyone or any entity for us to do that. The same cannot be said of voting.”

In the appellate decision, Judge Stephen Hill wrote:  “It was by free elections that we gained statehood. Thus, voting rights are preserved in the Kansas Constitution. Great care must be taken when trying to limit or infringe on those rights. Voting was important then. Voting is important now.”

The Kansas Supreme Court’s ruling is pending.  We have the appellate decision and more on the case at AmericanDemocracyMinute.org.    I’m Brian Beihl.

Today’s Links

Articles & Resources:
Democracy Docket – Kansas Voter Suppression Law Challenge
Kansas Reflector – Court of Appeals reverses lower court on Kansas lawsuit challenging restraint of voting rights
Kansas Reflector – Voting rights case sent to Kansas Supreme Court, challenging 2021 election law
Kansas Reflector – Kansas Supreme Court set to consider protections for voting rights
Kansas State Constitution – Suffrage
Kansas Constitution Bill of Rights –  Kansas Bill of Rights

Kansas Court of Appeals – League of Women Voters of Kansas v. Schwab

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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#Democracy  #DemocracyNews #VotingRights #FreedomtoVote #DisabilityRights #VoterSuppression