Court Strikes Down ‘Unconstitutional’ Kansas Ballot Application Law 

In a major win for voters, a federal court ruled that a Kansas law banning prefilled mail-in ballot applications is unconstitutional and violates the First Amendment.

The law, known as the “Personalized Application Prohibition,” made it a crime for voting groups to send voters mail-in ballot applications with basic information — like their name or address — already filled in.

U.S. District Judge Kathryn Vratil, appointed by President George W. Bush, held last Thursday that the Kansas legislature enacted the law “to suppress speech which advocates voting by mail.” 

The lawsuit was brought by VoteAmerica and the Voter Participation Center, two nonprofit organizations that work to increase voter participation, particularly among young people, voters of color and unmarried women. They argued that prefilled applications make it easier for voters to request a mail-in ballot and are a key part of their outreach efforts.

“Providing personalized applications to young voters, voters of color and unmarried women provides them simple access to advance mail ballot applications,” the court agreed.

Republicans in the Kansas legislature passed the law in 2021, just weeks after the 2020 election and the January 6 insurrection. 

The court found that Kansas officials offered no compelling reason to criminalize prefilled applications, despite the state’s claims that the prohibition prevented fraud.

“No evidence of voter fraud effectuated through advance mail voting, prefilled ballot applications or otherwise,” Vratil wrote. “Kansas officials publicly declared that the 2020 election was successful, without widespread, systematic issues of voter fraud, intimidation, irregularities or voting problems.”

The court did find a clear political motive due to the bill’s timing. 

While President Donald Trump and his allies launched legal challenges targeting mail voting nationwide, Kansas lawmakers introduced HB 2332.

“The 2020 election stood out for widespread claims that the U.S. presidential election was fraudulent and that mail ballots in particular were partly to blame,” Vratil added. “The Court finds that it is more probably true that the Kansas Legislature enacted the Personal Application Prohibition to suppress speech which advocates voting by mail.”

This ruling isn’t the first time the Kansas law has been knocked down in court. In 2022, another part of the same bill — which banned out-of-state groups from mailing ballot applications to Kansas voters — was permanently blocked by the same judge.

Kansas is facing scrutiny for other efforts to restrict mail-in voting. The state is facing a separate lawsuit over a law that eliminates the three-day grace period for counting mail-in ballots. Voting rights groups argue the law will disenfranchise voters due to postal delays and are asking a federal court to strike it down. 

Secretary of State Scott Schwab (R) did not immediately respond to a request for comment.