Kansas Constitution does not include a right to vote, state Supreme Court majority says

The Kansas Supreme Court offered a mixed bag in a ruling Friday that combined several challenges to a 2021 election law, siding with state officials on one provision, reviving challenges to others and offering the possibility that at least one will be halted before this year’s general election.

But it was the ballot signature verification measure’s majority opinion — which stated there is no right to vote enshrined in the Kansas Constitution’s Bill of Rights — that drew fiery dissent from three of the court’s seven justices.

The measure requires election officials to match the signatures on advance mail ballots to a person’s voter registration record. The state Supreme Court reversed a lower court’s dismissal of that lawsuit, but the majority rejected arguments from voting rights groups that the measure violates state constitutional voting rights.

In fact, Justice Caleb Stegall, writing for the majority, said that the dissenting justices wrongly accused the majority of ignoring past precedent, holding that the court has not identified a “fundamental right to vote” within the state constitution.

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