The American Democracy Minute Radio Report & Podcast for June 4, 2024

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 Justice,  Topeka Independent Living Resource Center

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#Democracy  #DemocracyNews #FreedomtoVote #VotingRights #KansasNews #KansasPolitics

The post Kansas Supreme Court Rules There is No Natural Right to Vote for Kansas Citizens, Only a Political Right Subject to the Legislature’s Restrictions appeared first on American Democracy Minute.

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 Justice,  Topeka Independent Living Resource Center

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

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

The post Is Voting a Fundamental Right? The Kansas Supreme Court Hears a Case Where the State Argues It’s Not. appeared first on American Democracy Minute.