TOPEKA, Kan. (AP) Kansas attorney general proposed Friday that legislators strip the secretary of states office of its power to prosecute voter fraud cases, less than four years after lawmakers made conservative Republican Kris Kobach the nations only state elections chief with such authority.
AG Derek Schmidt, SOS-elect Scott Schwab propose voter fraud be prosecuted by attorney general, local prosecutors https://t.co/0KIQkPH2hL
— Kansas AG's Office (@KSAGOffice) November 16, 2018
Attorney General Derek Schmidt outlined his proposal just 10 days after Kobach lost the Kansas governors race.
Secretary of State-elect Scott Schwab, a Republican like Schmidt, endorsed the proposal, as did Democratic Gov.-elect Laura Kelly and the Kansas Senates top Democrat. Lawmakers would consider the measure when their next annual session convenes in January.
Kobach has been the strongest Kansas ally of President Donald Trump and served last year as vice chairman of a short-lived presidential commission on election fraud. He successfully pushed for passage of some of nations toughest voter identification laws and persuaded the states GOP-controlled Legislature to give his office prosecution power in 2015.
Kobach is an attorney and former law professor, while Schwab is not a lawyer. Schmidt noted that his office formed its own fraud and abuse division in 2016 that can handle the relatively small number of election fraud cases.
It appears the time is right for a more traditional approach to enforcing the states criminal laws against voter fraud, Schmidt said in a statement, adding that it would be more efficient.
Schwab, a Kansas House member, supported giving the secretary of states office prosecution power. But he said during his campaign he would forward cases the office investigated to the attorney generals office or local prosecutors.
Schwab said that after reviewing Schmidts proposal, I see nothing that causes me concern and I thank him for taking the lead on this issue.
Kobach argued in 2015 that the secretary of states office has the expertise to pursue election fraud cases and that local prosecutors and the attorney generals office often are too busy with other cases. His office has filed 15 cases, most dealing with people who vote illegally in Kansas while voting in another state in the same election, most ending with convictions or guilty pleas.
He said that any secretary of state can decline to use the offices prosecution powers but it would be counterproductive to deny the authority to a future secretary.
If a future attorney general lacks interest in addressing voter fraud for political reasons, then the secretary of state may be the only official willing to act, Kobach said in a statement. The people of Kansas need this protection.
Kelly, a veteran state senator from Topeka, voted against giving the secretary of state prosecution power in 2015. Spokeswoman Ashley All said the governor-elect agrees with Schmidt that Kansas should return to how it handled election fraud cases previously.
And Senate Minority Leader Anthony Hensley, another Topeka Democrat, said stripping the secretary of states office of prosecution power is a no-brainer.
