Kansas Law that Forbade Non-Governmental Organizations from Mailing Pre-Filled Applications for a Mail Ballot is Struck Down

On May 4, U.S. District Court Judge Kathryn Vratil, a Bush Sr. appointee, struck down a 2021 Kansas law that made it illegal for non-governmental organizations to mail out applications for a mail ballot with the voter’s name and address pre-printed on the form. VoteAmerica v Schwab, 2:21cv-2253. Here is the decision.

Kansas permits mail ballots for voters who request a mail ballot. The state said the law was necessary because voters who receive the forms in the mail used the forms, even though the same voter might earlier have already requested a mail ballot. Thus, the state said, the mass mailings caused duplicate applications to be received. But the judge said that the duplication problem was not sufficient to override the First Amendment free speech provision. Also, the judge said the fact that the organization pre-printed the voter’s name and address was not itself a cause of duplicate applications. The organization pre-printed the voter’s name and address on the forms to make it easier for the voter to use the form. The voter must still sign and date the form. Thanks to Thomas Jones for this news.


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