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.