Calling voting a fundamental right, Kansas Court of Appeals rules restrictions face high bar

Decision is a victory for voting rights advocates

By

State News

March 17, 2023 - 4:46 PM

The Kansas Court of Appeals ruled Friday that a state law limiting the number of advance ballots someone can deliver restricts the right to vote. Photo by Richard Luken / Iola Register

The Kansas Court of Appeals ruled Friday that voting is a fundamental right and that restrictions on it must clear the highest possible bar, in an opinion drawing upon a prior ruling that upheld abortion rights under the state constitution.

The appeals court found that a state law limiting the number of advance ballots someone can deliver restricts the right to vote. It also ruled that a provision requiring election officials to verify signatures on advance ballot envelopes impairs the right to vote. If the opinion stands, lawmakers may have a much more difficult time in the future passing limits on access to the polls or advance voting.

The opinion is a victory for voting rights advocates who sued to overturn the law. But Kansas Attorney General Kris Kobach, a Republican who has long championed voting restrictions, sharply attacked the ruling — a possible sign the state will aggressively contest the decision.

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