U.S. District Court Judge Julie Robinson has found Kansas Secretary of State Kris Kobach in contempt for failing to comply with her orders in a lawsuit over the state's voter registration law.
The order comes almost a month after a contempt hearing, in which Robinson chastised Kobach for failing to fully comply with court orders.
"The term "register" is not ambiguous", Robinson wrote in her 25-page ruling, "nor should there have been any question that these voters were to be treated just like any other registered voter prior to the 2016 election, particularly after the state court decision requiring him to register them for state and local elections as well". The postcards contain basic voting information such as a voter's polling place.
Robinson blocked that law during the 2016 election. He said Kobach "has no additional comment at this time".
"That is consistent with his approach to the entire issue - where he has shown disregard for federal law, disregard for the truth about citizen participation in Kansas, and disregard for the values that we share as Americans, values that say we should work to increase citizen participation in elections rather than reduce it", Kubic said. The 2013 law requires people to provide proof of citizenship, such as a passport or birth certificate, when they registered to vote for the first time.
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In her ruling, in which she said twice that Kobach acted "disingenuously", Robinson wrote that she found "clear and convincing evidence" that he had disobeyed the preliminary injunction. Kobach assured her that he would and that he would send out postcards to any affected voter.
"Defendant deflected blame for his failure to comply onto county officials, and onto his own staff, some of whom are not licensed attorneys", she said.
Kobach's office, through a spokesman, sent the following by text Wednesday afternoon. In a contentious hearing, Kobach said his office had orally instructed county clerks to send out the postcards, but could not force them to do anything. Robinson said that effort was "too little, too late" to avoid the contempt citation.
According to the complaint ACLU filed with the court, some 22,000 Kansas voters were suspended or purged from the registration system because of the citizenship documentation requirement, stymying almost 14 percent of new registrants.
She also took issue with Kobach's refusal to update the state's training manual for election officials to reflect her 2016 order blocking the proof-of-citizenship requirement. Robinson has not yet filed a ruling in the larger lawsuit over the state's voter identification law. The court fined Kobach $1,000 and ordered him to testify about the documents.
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