On October 6, the final brief was filed in the 10th circuit in Constitution Party of Kansas v Kobach, 11-3152. This last brief is the Constitution Party’s rebuttal. The issue is whether Kansas must permit voters to register into parties that are not ballot-qualified, but which are organized in Kansas and have placed candidates on the Kansas ballot.

Currently, Kansas is one of only two states that have registration by party, and have neither a blank line in the political party area of the form, nor a procedure for an unqualified party to ever be listed on the voter registration form. Kansas is in the 10th circuit, and in 1984 the 10th circuit that Colorado must have some means for a voters to register into an unqualified party.