Serine
In a significant victory for voting rights advocates, a federal court has struck down a Kansas law that criminalized sending prefilled mail-in ballot applications to voters.
The court ruled the law violates the First Amendment, calling it an effort to suppress speech that encourages vote-by-mail participation.
Law Deemed Unconstitutional by Federal Court
U.S. District Judge Kathryn Vratil, appointed by President George W. Bush, ruled that the “Personalized Application Prohibition”, passed by Kansas lawmakers in 2021, is unconstitutional.
The legislation made it illegal for voting organizations to send advance mail ballot applications with a voter’s name, address, or other basic information already filled in.
Judge Vratil concluded that the law was created “to suppress speech which advocates voting by mail”, rather than to combat any legitimate issue like voter fraud.
Impact on Voter Advocacy Groups
The lawsuit was brought forward by the Voter Participation Center, a nonprofit organization dedicated to increasing voting access among young voters, people of color, and unmarried women. They argued that prefilled applications simplify the process for voters, helping to boost participation in elections.
The court agreed, stating:
“Providing personalized applications to young voters, voters of color and unmarried women offers simple access to advance mail ballot applications.”
Fraud Claims Rejected by the Court
Republican lawmakers introduced the bill shortly after the 2020 election and the January 6 Capitol riot, as national attention turned to mail-in voting. However, the court found no evidence to justify the law’s restrictions.
“No evidence of voter fraud effectuated through advance mail voting, prefilled ballot applications or otherwise,” Vratil wrote.
The judge noted that Kansas election officials praised the 2020 election as successful, with no widespread reports of fraud, irregularities, or voter intimidation.
Political Motivations Behind the Law
The court further highlighted the politically charged atmosphere surrounding the bill’s introduction, noting that former President Donald Trump and his allies had pushed unfounded claims about mail voting fraud following the 2020 election.
“The Court finds that it is more probably true that the Kansas Legislature enacted the [law] to suppress speech advocating voting by mail,” Vratil wrote.
Not the First Legal Defeat for Kansas Lawmakers
This is not the first portion of Kansas’s mail voting restrictions to be invalidated. In 2022, Judge Vratil also struck down a provision from the same bill that banned out-of-state groups from sending ballot applications to Kansas residents.
Kansas is also facing a separate lawsuit challenging a more recent law that eliminates the three-day grace period for counting mail-in ballots—a move critics argue could disenfranchise voters due to postal delays.
No Immediate Response from Election Officials
As of publication, Secretary of State Scott Schwab, a Republican, has not commented on the ruling or the ongoing legal challenges facing the state’s election laws.
The court’s decision to strike down the Personalized Application Prohibition reinforces the constitutional protections surrounding political speech and voter outreach efforts.
As Kansas continues to face scrutiny for its recent election laws, this ruling underscores the importance of accessibility and transparency in democratic participation.
Advocates hope the decision will prevent future attempts to restrict mail-in voting in the state and beyond.