State of Kansas

Kansas Voter Suppression Law (VoteAmerica)

VoteAmerica v. Schwab

Lawsuit filed by the Campaign Legal Center on behalf of VoteAmerica and Voter Participation Center challenging provisions of Kansas House Bill 2332 that restrict nonpartisan out-of-state organizations from providing mail-in ballot applications to registered voters and criminalize sending personalized mail-in ballot applications. The case claims that this law violates the First and 14th Amendments and breaches the dormant Commerce Clause. The court denied the defendants’ motion to dismiss and granted a preliminary injunction barring the enforcement of H.B. 2332. The court then entered a permanent injunction against a provision on H.B. 2332 that banned out-of-state individuals from sending early, mail-in ballot applications to Kansas voters. On May 4, 2023, the court struck down H.B. 2332’s prohibition on sending personalized mail-in ballot applications to registered voters for violating the U.S. Constitution. On June 1, 2023, the defendants appealed the ruling to the 10th U.S. Circuit Court of Appeals.

STATUS: On Nov. 12, 2024, the 10th Circuit reversed the district court’s ruling and remanded the plaintiffs’ free speech claim for further proceedings under a different standard of judicial review. Litigation is ongoing.

Case Documents (district court)

Case Documents (10th Circuit)

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