Kobach: The Tenth Circuit Wrongly Strikes Down Kansas’s Proof-of-Citizenship Election Requirement

April 30, 2020

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Kobach: The Tenth Circuit Wrongly Strikes Down Kansas’s Proof-of-Citizenship Election Requirement — *Image by Martin Falbisoner*

On Wednesday, the Tenth Circuit of the U.S. Court of Appeals issued a truly outrageous opinion. The court struck down Kansas’s 2011 law requiring voters to provide proof of citizenship when they register. As Kansas Secretary of State at the time, I was the author of that law—which passed with overwhelming bipartisan majorities in the Kansas Legislature. Not only did virtually every Republican vote in favor, but also more than two-thirds of Democrats voted for the law.

The Tenth Circuit’s ruling was issued by only two judges, since one of the three judges on the judicial panel passed away before he could take part in the decision. And the ruling was no surprise, given who the two remaining judges were. Indeed, it was a textbook example of judicial activism...

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