The Kansas Court of Appeals recently ruled voting is a fundamental right under the Kansas Constitution, and therefore it is subject to stronger legal protections from the barriers to voting an overzealous Kansas State Legislature continues to create.
Kansas Appleseed, the League of Women Voters of Kansas, Loud Light and the Topeka Independent Living Resource Center had brought a challenge under the Kansas Constitution to defend against restrictions placed on voting and voter engagement.
The ruling is a big deal for Kansas voters.
You might have caught bits and pieces in the news recently about several legislators denying Kansans’ right to vote. That is not an accident.
Many legislators want to nickel and dime voters who are already at the highest risk of voter suppression and disenfranchisement. Recent proposals working their way through the Legislature could make it harder to cast a ballot and have our voices heard, disproportionately affecting people with physical disabilities, those who live in rural communities, or those who work long shifts or numerous jobs.
Denying the right to vote makes it far easier for lawmakers to enact voter suppression tactics. However, the Kansas Court of Appeals ruling that voting is a fundamental right requires the Kansas Legislature to demonstrate that proposed restrictions on voting not only serve a “compelling governmental interest,” but also that these restrictions are “narrowly tailored” to achieve that interest in the “least restrictive” manner possible.
The new standard is a win for Kansans, meaning a much higher level of protection for voters.
For example, the collateral damage the Legislature routinely inflicts on legal voters in the interest of “election security” will be significantly curtailed. These restrictions will no longer fly in Kansas.
Under the ruling’s strict scrutiny standard, the legislature must show that the state not only has a very high “compelling” interest in any new regulation, but that legislators were very precise in applying proposed laws in a fashion that burdens the right to vote in the least restrictive way possible and affects the least number of people. This is a significant shift in the landscape of civil rights in our state.
At Kansas Appleseed, we work on the ground in Kansas to promote civic engagement. When our communities are able to activate around the issues that matter most to us, we are healthier and stronger.
There is a direct correlation between better health outcomes and voter turnout. The more communities are civically engaged, connected around the policies that affect them, and working to ensure policymakers allocate resources and make decisions to benefit Kansans, the healthier our communities tend to be. There is such a strong correlation, in fact, that the American Medical Association has declared voting to be a “social determinant of health.”
We still have a long way to go in defending voting rights in Kansas. Kansas Attorney General Kris Kobach has indicated he will continue his career of attacking Kansans’ voting rights and that he intends to appeal the ruling to the Kansas Supreme Court. However, under the current ruling, civic groups such as Kansas Appleseed and organizations working across the state to bolster our democracy will be able to register voters, assist with turning in advanced mail ballots for voters who are elderly or have a disability, and encourage people to vote.
The Kansas Bill of Rights declares “All political power is inherent in the people.” And we won’t let up in our fight to preserve Kansans’ voting power.
About the author: Caleb Smith is campaign director at the Kansas Appleseed Center for Law and Justice.
