On September 29, the Kansas Democratic Party filed this 31-page brief in a trial court in Shawnee County, Kansas, in Orel v Kansas Democratic Party. The brief argues many reasons why the Secretary of State is wrong to insist that the Democratic Party must nominate a candidate for U.S. Senate. Pages 19-23 of the brief make the First Amendment argument, that the Constitution protects the ability of a party to make these decisions for itself.

In addition, the brief says if the Democratic Party voter who filed the case wants to vote for a Democrat for U.S. Senate, he is free to cast a write-in vote in the general election. Thanks to Rick Hasen for the link. UPDATE: here is the Secretary of State’s brief.