Constitution Party of Kansas, et al v. Kobach

The Constitution Party of Kansas, Curt Engelbrecht, and Mark Pickens sued the Secretary of State of Kansas, in his official capacity, alleging that their First and Fourteenth Amendment rights are violated by the Secretary's refusal, consistent with Kansas law, to keep track of Kansas voters' affiliation with the Constitution Party because the Constitution Party is not a recognized political party under Kansas law. In the district court, the parties stipulated to a Joint Statement of Facts and filed cross-motions for summary judgment. The court ruled for the Secretary, determining that Kansas's system of tracking party affiliation did not unconstitutionally burden the plaintiffs' rights. On appeal, the plaintiffs argued that the district court misapplied controlling Tenth Circuit precedent in evaluating their claim, and that under the proper analytical criteria, reversal is warranted. The Constitution Party did not contend that summary judgment was improper due to a lack of evidence in the record to support the Secretary's legal argument. Upon review, the Tenth Circuit found no merit to the Constitution Party's argument and affirmed the district court's decision. View "Constitution Party of Kansas, et al v. Kobach" on Justia Law