Johnson County voters must demand Sheriff Hayden prove his wild election fraud claims | Opinion

Let’s not mince words: Johnson County Sheriff Calvin Hayden’s purported election fraud investigation is nothing short of a farce. Two years have passed, and during this time, Hayden has failed to file a single criminal charge related to election fraud, let alone provide a shred of credible evidence to support his claims.

Inexplicably, Kansas Attorney General Kris Kobach has urged Johnson County, the most populous county in the state, to postpone the destruction of old ballots from 2019, 2020 and 2021. His argument? Hayden insists that his ongoing investigation into possible election crimes justifies this delay, despite the absence of any criminal charges during these two years.

Kobach, a staunch supporter of Donald Trump who consistently voices concerns about election fraud, contends that preserving these ballots is essential to maintain public confidence in our electoral system and its outcomes. Hayden alleges he has received numerous tips about potential irregularities since the fall of 2021 and is determined to continue his investigation.

Let’s indulge for a moment and assume that Hayden’s investigation isn’t merely a cynical political ploy or the whimsical imaginings of a deluded public official. Let’s take a close look at the landscape.

First and foremost, by requesting the retention of these ballots to prolong the investigation, both Kobach and Hayden are effectively asking the Johnson County Election Office to break the law. Moreover, they are continuing to expend taxpayer dollars in doing so. All we know thus far is that the basis for their request rests on Hayden having supposedly received numerous tips regarding alleged irregularities.

In making this audacious request, Hayden and Kobach, as the chief law enforcement officer of the state, are making a grave demand that warrants a serious response. At the very least, the Johnson County Election Office should insist that Hayden and Kobach provide substantiated proof of their claims before acceding to their law-defying request.

But how can this be accomplished? It’s rather straightforward. Although no established mechanism currently exists for this, the Johnson County District Attorney’s office or a similar body could convene a special grand jury consisting of Johnson County residents. This grand jury could determine whether sufficient probable cause exists to justify the continuation of Hayden’s investigation.

The grand jury process has been an integral part of the legal system since our nation’s inception, serving to assess whether there is probable cause to believe a crime has been committed. It should be invoked here. To safeguard the integrity of the investigation and promote candid testimony, these proceedings would remain confidential, protecting the identities of witnesses, jurors and the accused.

After two years, it is only reasonable to demand that Hayden disclose his findings so that Johnson Countians can make an informed decision about the way forward. In doing so, it would empower the Johnson County Election Office to determine whether the circumstances genuinely warrant a deviation from state law.

Furthermore, this approach would serve another critical purpose: reminding Hayden of his ultimate employer — the people. His participation in a recent conference in Kansas City, Kansas, that promoted dubious theories about unchecked sheriffs’ powers, and his association with these ideologies, raise profound concerns about his commitment to democracy and the rights of Kansas voters.

In light of the absence of criminal charges, the dearth of concrete evidence and the evident specter of political bias, there are compelling reasons to regard Hayden’s investigation as a fraudulent attempt to perpetuate unfounded conspiracy theories rather than uphold the integrity of our electoral system.

Now, Sheriff Hayden, the ball is in your court. It’s time to prove these assertions wrong.