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AG Derek Schmidt statement on dismissal of lawsuit challenging election laws

Release Date: Apr 12, 2022

TOPEKA – (April 12, 2022) – A state judge has dismissed a lawsuit challenging signature verification and ballot harvesting restrictions enacted by the Legislature, Kansas Attorney General Derek Schmidt said today.

Legislators enacted House Bill 2183 and 2332 during the 2021 session, overriding the vetoes of Governor Laura Kelly. The measures established new requirements for signature verification on advanced ballots, as well as limits on the collections of advance ballots. 

On Monday, Shawnee County District Court Judge Teresa Watson dismissed a lawsuit brought by the League of Women Voters of Kansas and other parties challenging the constitutionality of those provisions of the election laws.

"We have successfully defended these important election-integrity provisions in district court,” Schmidt said. "We will continue to provide them a vigorous defense as long as necessary to help ensure that Kansas elections are safe and secure."

A third provision, concerning the false representation of an election official, was upheld in September 2021 by the district court and that decision is on appeal with the Kansas Court of Appeals.

A fourth provision, which banned any person from mailing an advance voting application or causing an application to be mailed, unless the sender is a resident of Kansas or domiciled in Kansas, was struck down in November 2021 by a federal court.

A fifth provision, which prohibits the mailing of any advance mail ballot application that has been personalized with a voter’s information, remains in litigation in federal court.

The case is League of Women Voters of Kansas, et al. v. Scott Schwab, et al., Case No. 2021-CV-299, in the District Court of Shawnee County, Kansas. A copy of the ruling is available at https://bit.ly/3O9BNoq.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.