Kansas can learn from the Kris Kobach era and lead the nation in voter access

Earlier this month, the door closed on one of the most damaging legacies of the Kris Kobach era. It should remain firmly shut.

In its decision in Fish v. Kobach, also known as Fish v. Schwab, a federal appellate court confirmed the unconstitutionality of the former Kansas secretary of state’s documentary proof of citizenship law — a cynical attempt at voter suppression under the guise of preventing voter fraud.

The law sought to impose burdensome and unjust documentation requirements on people wishing to register to vote in Kansas. The American Civil Liberties Union secured an injunction to prevent the continued implementation of this law while litigation was pending, but that relief came too late for the more than 31,000 Kansans disenfranchised by the law in the 2014 gubernatorial election. Those people were unaffiliated voters, Republicans and Democrats — Kansans from across the political spectrum, most of whom were between 18 and 29 years old. For reference, 31,000 individuals represent roughly two full Allen Fieldhouses, or about 40% of Arrowhead Stadium.

Requiring proof of citizenship was touted as a means to prevent voter fraud. Yet as the court confirmed, the law did nothing to protect our system; quite the opposite. There was no evidence to support the ominous assertion that “noncitizens” were seeking to vote in Kansas. At the same time, the law nevertheless caused real harm. Tens of thousands of disenfranchised Kansans are proof.

No one wants to see voter fraud in our elections. Every state should take reasonable measures to prevent it. To be constitutional, those measures must not impose a significant burden on voters. The state’s obligation is to protect its residents’ critical right to vote.

This moment presents us with a choice. Appealing the court’s decision means retrenching Kansas into the Kobach era — a time many would rather forget. More regrettably, it would signal a total disregard for the very real damage wrought by this misguided law.

A better option is to take this opportunity to turn Kansas into a national model for voter participation. Starting right now, before the 2020 elections, we must take these key steps to protect the ability to vote and to modernize our elections:

▪ Provide every eligible voter who wishes to vote by mail the opportunity to do so. We commend Secretary of State Scott Schwab’s office for encouraging the dissemination of advance ballot applications. Allowing online submission of applications and making sure every jurisdiction provides postage-prepaid, self-sealing mail-in ballots would augment this positive step. Postage-prepaid, because voting should be free; self-sealing, because — particularly in a pandemic — the health of those voting and of those counting the ballots should be top of mind.

▪ Maintain equitable, safe, clean, in-person voting opportunities in every jurisdiction. This means keeping poll workers safe with personal protective equipment, providing additional in-facility sanitizing measures and ensuring any reduction in the number of polling places does not have a disproportionate impact on low-income, minority or rural communities.

▪ Create universal regulations to manage rejected mail-in ballots. We appreciate Schwab’s recent and novel efforts to provide tracking of applications and ballots online and by phone. These efforts must include also notifying voters whose ballots are rejected, and voters who receive notifications about issues with their ballots should have the opportunity to address and resolve them in a timely manner.

▪ Improve voter registration options.

Each of these measures is particularly crucial as we prepare to vote in the midst of the COVID-19 crisis. But as we look to a future free of the pandemic, we should not return to the voting barriers of the past. These improvements to access and enfranchisement should not end with the 2020 election cycle.

As one door closes, another one opens. Together, we can shape the future of our elections for the better.