Photo: Diego M. Radzinschi/ALM Kansas Court Revives Political Nonprofits' Suit Over Impersonating an Election Official
"The statute simply does not provide clarity that truthful speech which generates an innocent or unreasonable listener mistake is outside of its scope. And this is sufficient to confer pre-enforcement standing," Justice Caleb Stegall said. "Thus, when the Legislature criminalizes speech and does not—within the elements and definitions of the crime—provide a high degree of specificity and clarity demonstrating that the only speech being criminalized is constitutionally unprotected speech, the law is sufficiently unclear to confer pre-enforcement standing on a plaintiff challenging the law."
December 21, 2023 at 02:26 PM
6 minute read
The Kansas Supreme Court sided with nonprofit political engagement groups, finding their claim for a temporary injunction regarding a recently passed statute related to impersonating election officials, had standing.
The panel reversed the Court of Appeals ruling which wrongly dismissed claims brought by the League of Women Voters of Kansas, Loud Light, Kansas Appleseed Center for Law and Justice Inc. and Topeka Independent Living Resource Center. They sought a temporary injunction against Kansas Statutes Annotated 25-2438(a)(2)-(3), which makes it a severity level 7, nonperson felony to engage in "conduct that gives the appearance of being an election official" or conduct that "would cause another person to believe a person engaging in such conduct is an election official."
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