Kansas has decided to halt the enforcement of a 3-year-old law that made it a felony to impersonate election officials due to a legal challenge from critics who argue that the law has impeded efforts to register new voters. The law, which was enacted in 2021 by overriding a veto from Democratic Gov. Laura Kelly, made it a crime punishable by up to 13 months in prison for falsely representing an elections official. Critics of the law, including groups like Loud Light, have argued that it is vague and could result in criminal charges for volunteers who register voters if someone mistakenly believes they are election officials.
In response to the legal challenge, a District Judge in Shawnee County issued an order stopping the enforcement of the law, at least until after the November election. The groups involved in the lawsuit, such as Loud Light, have expressed their intention to resume voter registration activities and described the law as a “voter registration suppression scheme.” The Republican-controlled Legislature that enacted the law claimed it was part of efforts to bolster public confidence in elections, despite the lack of evidence of significant fraud, as baseless conspiracies continue to circulate following former President Donald Trump’s false claims about the 2020 presidential election being stolen.
This year, GOP lawmakers attempted to address the legal challenge by rewriting the law to clarify that someone would have to intentionally impersonate an election official to be guilty of a crime. The change was supported by the state’s top elections official, Secretary of State Scott Schwab, who emphasized the aim of reducing voter confusion. However, the attempt to revise the law was tied to another measure limiting the spending of federal funds on state elections, which was vetoed by Gov. Kelly and could not be overridden by Republicans. The groups involved in the lawsuit, including the League of Women Voters of Kansas and the Kansas Appleseed Center for Law and Justice, continued to push back against the law, leading to the court’s decision to halt its enforcement.
The legal battle over the anti-impersonation law has been ongoing since its enactment, with the state Supreme Court reviving the case in December, stating that the law’s vagueness allowed for challenges from advocacy groups. In a follow-up ruling in May, the Supreme Court directed the District Judge to reconsider blocking the law, emphasizing the need for clarity in election laws. While this specific law has received attention due to the legal challenges, the Supreme Court’s broader ruling on voting rights, declaring that voting is not an “inalienable natural” right protected by the state constitution, has raised concerns about the ability to challenge restrictions on voting rights in Kansas.
As the legal battle continues and the state grapples with conflicting views on election laws, the outcome of this case could have significant implications for voter registration efforts and the protection of voting rights in Kansas. The decision to halt the enforcement of the anti-impersonation law reflects the ongoing debate over the balance between preventing voter fraud and ensuring access to the electoral process for all residents. With the November election approaching, the temporary injunction on the law sets the stage for further legal proceedings and potential changes to election laws in the state.
