Kansas 2020 Election Decertification Challenge (2022)
Roberts v. Caskey
Lawsuit filed by six voters against the Kansas director of elections, Kansas Secretary of State Scott Schwab (R), Attorney General Derek Schmidt (R) and Gov. Laura Kelly (D) challenging the results of the 2020 election in Kansas as well as the use of electronic voting machines and drop boxes throughout the state. The plaintiffs claim, based on “first-hand knowledge,” that “electronic voting systems are NOT safe and secure, which undermines the voter’s intent, therefore violating fundamental voting rights according to the fourteenth amendment of the U.S. Constitution.” The plaintiffs also allege that the defendants certified “illegal” elections in 2020, 2021 and 2022 since these elections involved the use of “uncertified” electronic voting machines in violation of Kansas law and the voting equipment standards outlined in the Help America Vote Act of 2002. Additionally, the plaintiffs challenge the use of drop boxes for violating the Kansas Constitution and ask that the court ban their use. The plaintiffs request that the court compel the defendants to “de-certify…and re-run the Kansas 2020 presidential election, in accordance with the law, as soon as possible, by way of a special election, with paper ballots only, on a single election day, with the paper ballots being counted by hand.”
On Oct. 19, a judge denied the plaintiffs’ motion for a temporary restraining order that would have, if granted, removed all electronic voting machines and drop boxes for the upcoming 2022 election. In the order, the judge concluded that the plaintiffs are unlikely to succeed on the merits or suffer any irreparable harm. On Nov. 10, the lawsuit was dismissed.