Midwest
Kansas Constitution doesn't include right to vote: state high court majority
The Kansas Supreme Court offered a mixed bag in a ruling Friday that combined several challenges to a 2021 election law, siding with state officials on one provision, reviving challenges to others and offering the possibility that at least one will be halted before this year’s general election.
But it was the ballot signature verification measure’s majority opinion — which stated there is no right to vote enshrined in the Kansas Constitution’s Bill of Rights — that drew fiery dissent from three of the court’s seven justices.
The measure requires election officials to match the signatures on advance mail ballots to a person’s voter registration record. The state Supreme Court reversed a lower court’s dismissal of that lawsuit, but the majority rejected arguments from voting rights groups that the measure violates state constitutional voting rights.
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In fact, Justice Caleb Stegall, writing for the majority, said that the dissenting justices wrongly accused the majority of ignoring past precedent, holding that the court has not identified a “fundamental right to vote” within the state constitution.
“It simply is not there,” Stegall wrote.
Justice Eric Rosen, one of the three who dissented, shot back: “It staggers my imagination to conclude Kansas citizens have no fundamental right to vote under their state constitution.”
“I cannot and will not condone this betrayal of our constitutional duty to safeguard the foundational rights of Kansans,” Rosen added.
Conversely, the high court unanimously sided with the challengers of a different provision that makes it a crime for someone to give the appearance of being an election official. Voting rights groups, including Kansas League of Women Voters and the nonprofit Loud Light, argued the measure suppresses free speech and their ability to register voters as some might wrongly assume volunteers are election workers, putting them at risk of criminal prosecution.
A Shawnee County District Court judge had earlier rejected the groups’ request for an emergency injunction, saying that impersonation of a public official is not protected speech.
Former Kansas Secretary of State Kris Kobach answers questions from a moderator during a Kansas Chamber of Commerce event at the Embassy Suites by Hilton on Wednesday, Sep. 7, 2022, in Olathe. (Kansas City Star via Getty Images)
But the high court faulted the new law, noting that it doesn’t include any requirement that prosecutors show intent by a voter registration volunteer to misrepresent or deceive people into believing they’re an election official, and it thus “criminalizes honest speech” where “occasional misunderstandings” are bound to occur, Stegall wrote in the majority opinion.
“As such, it sweeps up protected speech in its net,” Stegall said.
Because the lawsuit over the false impersonation law’s constitutionality is likely to succeed, the state Supreme Court ordered the lower court to reconsider issuing an emergency injunction against it.
“For three years now, Kansas League of Women Voters volunteers have been forced to severely limit their assistance of voters due to this ambiguous and threatening law,” said Martha Pint, president of the chapter. “The League’s critical voter assistance work is not a crime, and we are confident this provision will be quickly blocked when the case returns to the district court.”
Loud Light executive director Davis Hammet said he hopes the lower court “will stop the irreparable harm caused daily by the law and allow us to resume voter registration before the general election.”
Neither Kansas Secretary of State Scott Schwab nor state Attorney General Kris Kobach responded to requests for comment on that portion of the high court’s ruling.
Instead, in a joint statement, Schwab and Kobach focus on the high court’s language bolstering the signature verification law and its upholding of a provision that says individuals may collect no more than 10 advance ballots to submit to election officials.
“This ruling allows us to preserve reasonable election security laws in Kansas,” Schwab said.
Supporters have argued the ballot collection restriction combats “ballot harvesting” and limits voter fraud. The GOP-led Legislature passed it over a veto by Kansas Democratic Gov. Laura Kelly. Critics have said it’s a Republican reaction to baseless claims that the 2020 election was not valid, which prompted a wave of misinformation and voter suppression laws across the country.
Last year, the Kansas Court of Appeals reinstated a lawsuit challenging the ballot collection limitation and the signature verification, saying both impair the right to vote. But the high court upheld the limit on ballot collections, saying “voters have numerous avenues available to deliver their ballots” and that ballot collecting doesn’t fall within the parameters of free speech.
Kobach defended the majority’s opinion as “well-reasoned” and confirms that the Legislature has the constitutional authority to establish proofs “to ensure voters are who they say they are.”
“And that is exactly what Kansas’s signature verification requirement is,” Kobach said.
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A man who raped, stabbed and murdered a 19-year-old Indianapolis woman more than 30 years ago was sentenced to 45 years in prison on Friday, closing a decades-old cold case.
Dana Shepherd, 53, was sentenced to 45 years in prison on Friday, after signing a plea deal last month admitting to the killing of Carmen Van Huss, local outlets reported, ending a decades-old cold case.
“While no passage of time can ever heal the unimaginable loss Carmen’s family has endured, we are grateful to secure a murder conviction more than 30 years after this heinous crime,” Marion County Prosecutor Ryan Mears said in a statement. “Our hope is that this resolution brings a measure of justice and peace to her loved ones, after three decades of waiting for answers.”
Van Huss was murdered in 1993 at the age of 19 after she was raped and stabbed 61 times by a man who broke into her apartment, FOX 59 reported.
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Dana Shepherd was sentenced to 45 years in prison in connection with the 1993 rape and murder of 19-year-old Carmen Van Huss, closing a decades-old cold case. (FOX 59)
According to the outlet, Van Huss’ body was found by her father, and police said she was lying in a large pool of blood. There were signs of a struggle, police said, including a knocked over table and scattered objects.
More than 30 years after the killing, Missouri police arrested Shepherd and extradited him to Indianapolis to face charges of murder and rape with deadly force, the outlet said.
Shepherd — who was 20 years old at the time of the murder — wasn’t connected to the investigation until DNA testing tied him to the case.
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Carmen Van Huss, 19, was raped and stabbed to death in her Indianapolis apartment in 1993. (FOX 59)
Shepherd was arrested in August 2024 in Columbia, Missouri, and after being extradited to Indianapolis, was scheduled to go to trial next week until a plea agreement was filed Tuesday, where Shepherd admitted to the murder charge. The additional charges were dismissed.
FOX 59 reported that Shepherd had a criminal history in Indiana before committing the murder, including charges for battery and public intoxication. After 1993, he was also charged in Missouri with stealing, disturbing the peace and driving without a license.
The Van Huss family released a statement reacting to the sentencing.
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Dana Shepherd was sentenced to 45 years in prison for the 1993 rape and murder of 19-year-old Carmen Van Huss.
“While this plea deal was not our first choice, we are grateful that after 33 years the man responsible for Carmen’s brutal rape and murder is finally being held accountable,” the family stated.
“For decades, the perpetrator was able to live a normal life after taking that right away from Carmen and from our family. Nothing can undo that loss or erase the injustice of him living freely for so long, but we are thankful that the truth has finally come to light and that he has not escaped justice.”
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MADISON HEIGHTS, Mich. – Detroit 75 Kitchen, the popular food truck, is opening its first dine-in location in Oakland County this week.
The new dine-in location, at 32275 Stephenson Highway, officially opens on Friday, Feb. 20, according to a release.
Chef Mike and his brother, Ahmad Nassar, launched Detroit 75 Kitchen from a food trailer parked at their family’s truck stop on Fort Street near the Ambassador Bridge. Originally focused on feeding truck drivers and nearby workers, the operation quickly gained a following.
The brothers later tested demand with a pop-up at the former Sears Auto Center near Oakland Mall. After seeing strong community support, they decided to open a permanent restaurant in Madison Heights.
“Madison Heights is exactly where we want to be,” said Ahmad Nassar, co-owner of Detroit 75 Kitchen. “We started by feeding truck drivers—people who want real food at a fair price. We’re not trying to be a destination restaurant where you visit once for Instagram. We want to be the place you stop for lunch, on your way home from work, where you know the staff and they know your order. That’s what a neighborhood sandwich shop should be.”
The new restaurant represents a $1.5 million investment and will employ 25 full-time team members.
The space features a bright retro-diner design with terrazzo-style floors, mid-century-inspired finishes and unique touches like recycled Faygo pop bottles embedded in tabletops. The walls display awards, memorabilia from Detroit sporting events and art celebrating Detroit’s food culture.
A seasonal patio is expected to open later this spring.
The grand opening aligns with the first Friday of Lent, which is typically one of the business’s busiest times of year, according to the release.
During Lent, the new Madison Heights location will offer a daily seafood menu featuring its Fisher Fwy. Fish sandwich in catfish, haddock and Lake Erie walleye varieties, along with fish and chips and a shrimp po’ boy. Additional Lent specials are also planned.
The brand was previously named one of the Top 3 Food Trucks in the U.S. and also ranked among the Top 100 Restaurants in the country by US Weekly.
The dine-in restaurant is located at 32275 Stephenson Highway. It will be open 10 a.m. to 8 p.m. Monday through Friday and 11 a.m. to 6 p.m. on Saturday. The restaurant will be closed on Sundays.
Copyright 2026 by WDIV ClickOnDetroit – All rights reserved.
Each week, a member of TMJ4’s staff goes to a local fish fry destination and reviews their product. This week, Community Correspondent and Traffic Anchor Kidd O’Shea visited Pitch’s in Milwaukee:
Friday night fish fry with my parents and my partner Kyle at Pitch’s Lounge and Restaurant on Humboldt might have just set a new standard for me in Milwaukee.
Previous Fish Fry Blogs:
We started with a drink at the bar, and before we even ordered, we overheard two different people recommending the pan-fried perch. That was all we needed to hear — decision made. Great call. The perch was perfectly cooked, lightly crisp on the outside, tender and flaky inside, and they give you a really nice portion of fish. At $20.95, it feels like a solid value for the quality and size.
TMJ4
I went classic with my sides — hashbrowns and coleslaw — and added a cup of the clam chowder, which was rich and comforting without being overly heavy. A bread basket comes for the table (always appreciated), and you can even upgrade to a full sourdough loaf for an extra $5 if you want to go all in.
TMJ4
Jimmy took great care of us at the bar, and Susan, one of the waitresses, mentioned she watches TMJ4 News Today every morning — which made it feel even more like home.
TMJ4
It was so good I forgot to take a picture until I was halfway through.
Great food, generous portions, warm service, and that unbeatable Milwaukee Friday fish fry vibe.
Pitch’s is located at 1801 N. Humboldt Ave., Milwaukee. Visit their website here.
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