On April 28, the Constitution Party of Kansas filed a lawsuit in U.S. District Court. The case is called Constitution Party of Kansas v Biggs. The complaint has two parts: (1) a challenge to a state law that makes it illegal for out-of-state residents to circulate petitions to create a new party in Kansas; (2) a challenge to a state law that makes it impossible for a voter to register into a party unless that party is already qualified. UPDATE: the case, 10-4043, is assigned to U.S. District Court Judge Sam A. Crow, a Reagan appointee.
The 10th circuit has already ruled favorably on both issues, in cases in other states, and Kansas is in the 10th circuit. The 10th circuit struck down a ban on out-of-state circulators in Oklahoma in 2008, in Yes on Term Limits v Savage. The 10th circuit struck down a ban on letting voters register into unqualified parties in 1984 in Baer v Meyer, a Colorado case.
If their is party registration when you vote (closed primary) and one of the ways that a party can become and stay recognized is through party registration then it is rather silly to turn around and prohibit someone from writing in the name of a third party.
Kansas recognizes parties based on their vote. They must poll 1% for any statewide race at the last election, in order to remain on the ballot. Also, the vote test doesn’t apply in years when president is the only statewide office on the ballot. So a party’s registration is not related to whether it becomes ballot-qualified or remains ballot-qualified.
Separate is still NOT equal.
Brown v. Bd of Ed 1954 — NOT brought up by armies of USELESS MORON lawyers in ballot access cases since 1968.
Any brains in the C.P. lawyers ???