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GOP-supported changes to Kansas elections vetoed by Gov. Laura Kelly or struggle to pass

Jonathan Shorman, The Kansas City Star on

Published in News & Features

Kansas Republicans appear set to largely fail in their push for major changes to the state’s elections, as the state Supreme Court prepares to issue a potentially landmark voting rights decision.

The GOP-controlled Legislature, which reconvenes Thursday, may successfully block election officials from taking federal dollars to register or help voters. But a push to eliminate a grace period for late-arriving mailed ballots is faltering.

Democratic Gov. Laura Kelly on Friday vetoed two election-related measures, but the bills’ supporters appear to potentially have enough votes to override only one veto. Another proposal, which would end the current three-day grace period for ballots arriving after Election Day, may pass but with margins well short of what’s needed for an override.

“Kansans have a right to participate in our democracy, but time and again some politicians have tried to interfere in the voting process. I will continue to oppose efforts that place obstacles between voters casting their ballots and making their voices heard,” Kelly said in a veto message.

The series of bills marks the latest effort by Republican lawmakers, including some who have promoted or entertained false claims about the 2020 election, to overhaul Kansas’ election system in ways that place more limits on voting. Supporters of the changes have encountered fierce resistance from Democrats and opposition from some Republicans, who say the state’s elections are already secure.

One of the vetoed measures, HB 2614, would add a label to advance ballots warning that it’s illegal for anyone to deliver more than 10 advance ballots, as well as implement additional signature requirements for individuals who return advance ballots on behalf of someone else. Local election officials would be required to track the names of everyone who delivers an advance ballot for someone else and notify prosecutors if they return more than 10.

 

The measure passed the Senate 26-13, just one vote shy of a veto-proof majority, but passed the House 75-48 – well short of the 84 votes needed. Kelly called the bill an attempt to disenfranchise voters by enacting “burdensome and unnecessary requirements that are designed to restrict and suppress advanced voting.”

The legislation comes ahead of a highly anticipated Kansas Supreme Court decision that could upend state election law. Last year, the Kansas Court of Appeals ruled that voting is a fundamental right, meaning that restrictions on voting could face strict scrutiny, the highest standard of legal review.

If the state Supreme Court upholds the lower court opinion, it will dramatically constrict the power of lawmakers to enact restrictions on voting, including potentially overturning the 10-ballot limit. It’s unclear when the court will release a decision; no deadline exists, meaning an opinion could come anytime.

“Those who wish to change our election laws would be able to mount a credible challenge to the vast majority of what people consider commonplace, completely reasonable restrictions like closing elections at seven o’clock,” Kansas Attorney General Kris Kobach, a Republican, has previously said.

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