Federal judge upholds Kansas’ polling place ‘buffer zone’ after ACLU lawsuit
A federal judge Wednesday upheld Kansas’s 250-foot “buffer zone” that prohibits electioneering near polling places during elections.
The law was challenged by the ACLU last year on behalf of several individuals and Kansas for Change, a marijuana advocacy group. They claimed the law unconstitutionally allowed election officials to ban political speech near polling places, including on private property, by prohibiting any activity that could become a “nuisance.”’
The lawsuit was brought against the Kansas Secretary of State, the Kansas Attorney General and the Johnson County Election Commissioner.
Most states have laws limiting advocacy for candidates or ballot questions near polling places, and the Supreme Court has upheld state laws that establish a 100-foot buffer zone.
In Wednesday’s ruling, Judge Holly Teeter said existing rulings on electioneering practices demonstrated the constitutionality of Kansas’s law.
Teeter disputed the ACLU’s arguments that Kansas’s buffer zone was too large, too vague and allowed for suppression of speech on private property.
She wrote that, while buffer zones must have a size limit, the law does not specify how big the limit could be. Furthermore, she said electioneering laws do not need to be tailored to specific types of speech and that the Kansas law did not punish a “substantial amount” of speech on private property.
Teeter also ruled that the plaintiffs did not have standing to challenge Johnson County’s specific policy because they could not establish actual injury.
Mark Johnson, one of the attorneys for the plaintiffs, said he was disappointed in the judge’s decision.
“I think that the judge in holding against us overlooked some of the conduct that some of the counties had been engaging in. She seems to say that restrictions on free speech on private property are fine and that’s just not the case,” he said.
He said he hopes the lawsuit got the attention of Kansas election workers and would prevent any enforcement of the law that limits free speech during the 2020 election.
“I think they know that, now that we’re watching them they won’t engage in this type of behavior again,” Johnson said.
In a statement to The Star, Kansas Secretary of State Scott Schwab said he appreciated the Attorney General’s leadership on the case and “look(s) forward to safe and secure election in November.”
Attorney General Derek Schmidt said “history and common sense favor” electioneering laws like Kansas’s.
“These laws permit all eligible voters to make their voices heard without intimidation, which goes to the heart and soul of our democratic process,” Schmidt said.
In a statement to The Star ACLU Legal Director Lauren Bonds said the organization would meet with their clients to discuss next steps.
This story was originally published October 7, 2020 at 6:14 PM.
