Kansas is suffering from Kobach fatigue

By

Opinion

January 31, 2019 - 11:00 AM

Former Kansas Secretary of State met with Donald Trump shortly after he was elected president in 2016. Kobach was carrying a copy of his plan for the Department of Homeland Security.

Kansas taxpayers just paid $20,000 to clean up another mess in the wake of former Secretary of State Kris Kobach.

The bill is a lesser amount thanks to negotiations by the Attorney General’s office when it agreed to drop representing Kobach’s appeal against contempt of court charges. 

With hope, this will be the last time the AG’s office carries water for Kobach.

The case refers to the challenge brought forth by the American Civil Liberties Union against Kansas’ voter ID law heard before U.S. District Judge Julie Robinson in spring of 2018.

Three things about Kobach’s defense rubbed Judge Robinson the wrong way:

First, his failure to adequately address the state’s responsibility to inform citizens of their voting rights after the registrations of thousands of prospective voters had been denied; second was Kobach’s chaotic and ill-prepared defense in arguing the state’s position; and third was his attempt “to surprise” the court by introducing pre-trial evidence past the allowable time frame. 

In addition to her contempt of court citing, Judge Robinson also instructed Kobach to take a refresher course on court procedure. 

And yes, Kobach stuck Kansans with the tab, charging his former office $359 for a six-hour audio version on the fundamentals of civil trial. 

That’s on top of a $1,000 fine Kobach passed along to state taxpayers when he misled federal court officials as to what was contained in a folder he carried when meeting with Donald Trump shortly after he was elected president. 

Kobach’s ego trip in court last April — he tried to use the additional exposure to catapult himself to the governorship — resulted in him (Kansas) being responsible for the ACLU’s attorney’s fees and other expenses, totalling $26,200, which the AG’s office mediated to the lower $20,000.

 

STILL TO COME is the attorney general’s defense of the Kobach-inspired 2013 Kansas law that requires prospective voters to prove their citizenship before they can register to vote. 

Though passed by a majority of Kansas legislators, the state statute violates federal law, which requires voters only attest they are U.S. citizens without the burden of proof under penalty of perjury. 

Judge Robinson ruled the Kansas law unconstitutional and order it stayed. That decision has been appealed to the 10th Circuit U.S. Court of Appeals with oral arguments to commence March 18.

If he can, AG Derek Schmidt should try to mediate us out of this quagmire as well.

Related