Legal Agreement Reached
Kansas has ceased enforcing a three-year-old law that makes impersonating election officials a felony. This decision comes as the law faces a legal challenge from critics who argue it obstructs efforts to register new voters. Attorneys representing the state and the groups suing over the law reached an agreement to halt its enforcement, which was ratified by District Judge Teresa Watson in Shawnee County. The order will stay in effect until at least another court hearing after the November election.
Background of the Law
The contested law, enacted in 2021 by the Republican-controlled Legislature, overrode a veto by Democratic Governor Laura Kelly. It made “falsely representing” an election official punishable by up to 13 months in prison for a first-time offender, though a likely sentence would be two years’ probation. The crime includes causing someone to believe another person is an election official.
Challenges and Criticism
The groups challenging the law claim it is too vague, potentially criminalizing volunteers who register voters if someone mistakenly believes they are election officials. State officials dismissed this argument, but the ambiguity caused groups like Loud Light, which focuses on registering young voters, to limit their activities.
“We are fired up and ready to register thousands of young Kansans to vote again,” said Davis Hammet, Loud Light’s president, labeling the law as a “voter registration suppression scheme.”
Legislative Response
The law was part of a series of measures aimed at tightening election laws, approved by GOP legislators to bolster public confidence in elections amid baseless conspiracies about the 2020 presidential election. This year, GOP lawmakers attempted to resolve the legal challenge by amending the law to require intentional impersonation of an election official to constitute a crime. Despite backing from Secretary of State Scott Schwab, a Republican, the amendment failed due to a veto from Governor Kelly and an inability to override it.
Statements from Officials
Whitney Tempel, spokesperson for Schwab, highlighted the need to clarify the law to reduce voter confusion.
“The recent temporary injunction issued underscores our concerns and continues to highlight the need to clarify this law,” Tempel stated.
Advocacy Groups Involved
Besides Loud Light, other groups involved in the lawsuit include the League of Women Voters of Kansas, the Kansas Appleseed Center for Law and Justice, and the Topeka Independent Living Resource Center, which advocates for voters with disabilities.
