The United States Tenth Circuit Court of Appeals ruled on October 14 that Kansas can prohibit third parties from prefilling certain sections of absent voter ballot applications.
Circuit Judge Timothy Tymkovich, writing the decision on behalf of a unanimously agreed-upon panel, stated, “Because the enactment of the prohibition was not for an impermissible purpose, we used intermediate scrutiny and found that the ban passes constitutional muster.”
Kansas legislators passed the law containing the ban in 2021 (H.B. 2332), overriding a veto from the governor. Lawmakers asserted that the law aims to reduce voter confusion and lighten the workload of election offices.
Under the law, organizations and individuals sending absentee ballot applications are prohibited from filling out any part of the application before sending it to voters.
Several organizations brought lawsuits against this, arguing that the law unlawfully restricts their political speech and activities.
In a complaint filed in 2021, they stated that the law “prohibits plaintiffs from employing their most effective means of persuading voters to participate in the democratic process – by enclosing a pre-addressed return envelope with prepopulated personal name and address information when mailing absentee ballot applications to registered voters in Kansas.”
The ruling stated that Kansas’ motivations in enacting the law, including reducing voter confusion, are legitimate and not aimed at limiting the viewpoints of the plaintiff organizations.
Tymkovich remarked, “None of the remaining provisions in H.B. 2332 reflect any improper motivations attributable to the state in enacting the prohibition.”
One of the organizations involved in the lawsuit, the Voter Participation Center, issued a statement saying, “While we are disappointed in this reversal, our efforts to protect Kansas voters are far from over. We are reviewing the ruling and assessing our next legal options.”
As of the time of publication, Kansas Attorney General Kris Kobach has not responded to requests for comment.