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Kansas' top court says a GOP election law is vague and revives a lawsuit against it

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Kansas' top court says a GOP election law is vague and revives a lawsuit against it


TOPEKA, Kan. — A Kansas law that makes it a felony to impersonate an elections official is vague enough that voting rights advocates can pursue a legal challenge, the state’s highest court ruled Friday, reviving a lawsuit that a lower court dismissed.

The Kansas Supreme Court’s decision came in a challenge to a 2021 law that critics say hinders voter registration drives. Four groups argued in the lawsuit that their members could be prosecuted even if they were clear that they were not election officials but others still mistakenly believed they were. Backers of the law have scoffed at that argument.

The groups are pursuing another lawsuit against other elections restrictions that the Republican-led Legislature passed in 2021 over Democratic Gov. Laura Kelly’s veto amid false claims by some in the GOP that the 2020 presidential election wasn’t valid. One of the groups, Loud Light, said the law at issue in Friday’s ruling led it to stop registering voters even though it registered 10,000 in 2020.

“For two and a half years, the state and the attorney general’s office have said we’re just making this up — we’re crazy,” said Davis Hammet, Loud Light’s executive director. “Here is the Supreme Court of the state saying, ‘Yeah, you should be scared.’”

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But Kansas Attorney General Kris Kobach, a Republican, called Friday’s ruling merely “jurisdictional.”

Justice Caleb Stegall expressed skepticism in the court’s opinion that the voting rights groups’ members would be prosecuted for impersonating elections officials. But he said they still have reason to expect their registration drives to generate “innocent or unreasonable listener mistakes.”

“The statute simply does not provide clarity that truthful speech which generates an innocent or unreasonable listener mistake is outside of its scope,” wrote Stegall, who is seen as the seven-member court’s most conservative member.

After reviving the group’s lawsuit over the law against impersonating election officials, the Supreme Court followed up with another order saying that it intends to consolidate that case with the other lawsuit from the four groups.

A three-judge Kansas Court of Appeals panel last year ruled that the groups didn’t have the legal right to challenge the anti-impersonation law because their members had not been prosecuted under it.

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Although people and groups generally must show they have been injured to pursue a lawsuit, the state Supreme Court said that when a law is challenged as too vague, it is enough that it could cause someone to avoid constitutionally protected speech.

The law at issue in Friday’s ruling prohibits “conduct that gives the appearance of being an election official” or conduct that causes someone else to believe they are. A first-time offender could be sentenced to 13 months in prison, though the typical sentence would be two years of probation.

Stegall wrote that the law did not provide “a high degree of specificity and clarity” to ensure that only fraud was covered.

In the other lawsuit, a Court of Appeals panel reviewed two different laws. One prohibits people from delivering more than 10 absentee ballots from other voters to elections officials. The other changed the rules for matching a voter’s signature on an absentee ballot envelope with a signature already on file.

The appeals panel for the second lawsuit had different judges. It concluded that voting is a fundamental right and that restrictions cannot stand unless they are written narrowly and address an existing and compelling issue. If the state Supreme Court agrees, voting rights advocates will likely have an easier time challenging rules set by Republican lawmakers.

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The state Supreme Court heard arguments from attorneys in the second lawsuit in November and has not said when it will rule.

“The vast majority of our election rules would come under fire,” Kobach told reporters after those arguments. “And many of them would probably fall.”

Republican legislators argued that they were trying to prevent fraud such as “ballot harvesting” and to keep ballots from being lost, though there has been no evidence of either being a significant problem.

Critics of the two laws contend that they handcuff efforts to help poor, elderly and disabled voters and make it more likely that some valid ballots will be rejected.

In November, Elizabeth Frost, an attorney for the four groups, told the state Supreme Court that most Kansas election laws still would pass a strict test “just fine.”

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But the justices appeared to struggle to balance their concerns about legal votes not being counted with potentially jeopardizing long-standing rules, including limits on when polls are open.

Justice Eric Rosen, who was appointed by a Democratic governor, said from the bench, “How does that line get drawn?”





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Meet the mossy leaf-tailed gecko, a master of disguise. It reminds me of Kansas GOP moderates. • Kansas Reflector

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Meet the mossy leaf-tailed gecko, a master of disguise. It reminds me of Kansas GOP moderates. • Kansas Reflector


I’d like to introduce you all to a most remarkable creature: the mossy leaf-tailed gecko.

This little lizard proves the infinite adaptability of nature, the ability of any species given enough time and incentive to wholly ensconce itself within its surroundings.

If you browse online photos of the gecko (also known by the scientific name uroplatus sikorae), you’ll be hard-pressed to find it. That’s because the lizard blends in so perfectly with surrounding vegetation. Not only can its bark-like skin change color, but that skin hangs off its body in tiny flaps, perfectly matching tree branches.

The mossy leaf-tailed gecko lives only in Madagascar and has seen its numbers decrease. It reminds me of another threatened species: the Kansas moderate Republican.

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Like the mossy leaf-tailed gecko, moderate Republicans have become adapt at all but vanishing from public view. Surrounded by other Republicans — you can think of them as the trees of the tropical rainforest in this analogy — the moderate Republican changes color, deploys its dermal flaps and blends right in. This might mean voting with leadership on bills particularly important to them. This might mean keeping a low profile when problematic legislation hits the floor.

Reptile expert Dave Bagshaw‘s words apply as easily to these good-hearted GOP members as they do to high-maintenance lizards: “They are very cryptic species that you would quite easily walk past in the in the forest.”

This arrangement serves conservative Republicans perfectly well. After all, if they can’t see or hear moderates, why should they be concerned? For them, life in the forest continues on its merry way.

It works out less well for the modern Republicans. Sure, camouflaging themselves to blend in with their surroundings ensures their survival. In politics, sometimes that’s enough. But when it actually comes down to passing legislative priorities and doing the best possible for constituents, these lawmakers may find themselves staring into the mirror late at night wondering about what life choices brought them to Topeka.

No one should deceive themselves about the difficulty.

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“There’s always pressure, especially on contentious issues and close votes, and leadership has many ways to make their priorities clear,” said Mary Jo Taylor, a former Republican state senator who served from 2017 to 2021. She now works with the Kansans First group, which works to support moderate voices. “So do the lobbyists and partisan political activists, and there’s a cost to not being seen as a ‘team player’ by folks in Topeka.”

Moderates serving in today’s polarized climate have to decide whether to pay that cost.

If you view changes to the Republican Party over the past eight years as an aberration, perhaps you think this is just a phase. In that case, one might be tempted to indulge a few wacky notions until the fever breaks. You don’t find the cost too expensive. Perhaps you believe the existence of thoughtful voices will encourage other civic-minded individuals to run for and win office. This is likewise an appealing idea, and one that makes the cost seem affordable.

But perhaps neither of these perspectives pan out. Perhaps the party continues to degrade as louder and cruder voices gain ever-greater sway. What then?

Here’s my take: Mossy leaf-tailed geckos fill an ecological niche. In times of conservative supermajorities in the Kansas House and Senate, hidden moderate Republican lawmakers similarly need to make their presence imperceptible. Now and then, they can dart out to do a bit of good.

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But to truly change Kansas for the better, moderates must stand out from the background and be willing to disarm and shock potential opponents with their brilliant plumage. That requires greater numbers.

“All you have to do is look at the difference between what is being pushed now and what we passed during my first two years in the senate,” Taylor said, taking us back to a time when the Legislature actually passed Medicaid expansion but faced a veto from then-Gov. Sam Brownback.

“Back then, when we had a near-even split between moderates and conservatives in the Republican caucus, we passed Medicaid expansion,” she said. “Republican lawmakers spoke in favor of it. Then when we couldn’t get the votes to override the veto, we tried a new compromise. Now they have a ‘hearing’ and call it a session while thousands of Kansans go without health insurance. I think that speaks for itself.”

With sufficient support, moderates can change the political calculation in Topeka. They can flex their muscles. They can make their presence and priorities known.

In the meantime, keep a close eye on those tree branches in the forest of Kansas politics.

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Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.



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Frustrating loss to BYU in finale takes luster off Kansas State baseball’s series win

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Frustrating loss to BYU in finale takes luster off Kansas State baseball’s series win


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MANHATTAN — An extra-inning loss to Brigham Young on Saturday didn’t affect Kansas State baseball’s position in the Big 12 standings, but it certainly put a damper on what had shaped up as a pleasant finish to the regular season.

The Wildcats were one strike away from a three-game sweep and a full head of steam heading into this week’s Big 12 Championship when the wheels came off in spectacular fashion. Instead of celebrating on senior night, they saw BYU score seven runs in the ninth and 10th innings for a 12-8 victory at Tointon Family Stadium.

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“It’s a frustrating loss,” K-State coach Pete Hughes said. “You have a chance to sweep someone and you’re one strike away and you’re up two runs, it’s about as heartbreaking as you can have.

“My mind is really stuck on that, to be honest with you. I didn’t look at any positives we had during the game, and we did a lot of really good things, but when you’re that close to winning with a two-run lead at home and then a couple of crazy plays.”

Kansas State baseball remains on track for an NCAA bid as the regular season winds down

Here’s why Kansas State baseball second baseman Brady Day stays out of prolonged slumps

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With the loss, the Wildcats finished the regular season at 31-22 overall and 15-15 in the Big 12, while BYU improved to 21-31 and 7-23 while ending a 13-game conference losing streak. As the No. 6 seed, K-State will face No. 7 Kansas at 9 a.m. Tuesday to open the Big 12 Tournament in Arlington, Texas.

K-State took a 7-5 advantage to the ninth inning, only to surrender the lead on a bases-loaded error and a wild pitch. Then, after Brady Day tied it with a towering leadoff homer in the bottom of inning, BYU effectively ended it on Parker Goff’s grand slam to left.

The ending overshadowed a gritty comeback performance by K-State, which took its first lead on Kaelen Culpepper’s two-run, opposite-field home run to right, then made it 7-5 when Kyan Lodice followed with a solo shot to right. Culpepper also had a two-run triple in the third.

“I’m proud of our guys for battling back and tying it in the bottom of the ninth off a closer who had been dominating this year. It kind of sets up for a great comeback and it just didn’t happen.

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“I feel bad for our seniors, but a really frustrating loss because it was so close, but that’s the life of major college athletics right there.”

The Wildcats, who wrapped up the regular season at 31-22 overall, 15-15 in the Big 12, had 11 hits in the game, including three home runs. But BYU (21-31, 7-23), which ended a 13-game conference losing streak, answered with 14 hits and drew eight walks.

Still, K-State did take two games to win the series, picking up a pair of one-run victories on Thursday and Friday. They took the opener, 7-6, on Lodice’s walk-off single in the 12th inning, while Jackson Wentworth and Tyson Neighbors combined on a five-hitter in a 2-1 Friday win.

Wentworth’s performance was especially critical after K-State used four pitchers in the series opener, as he responded with career highs of eight innings and 11 strikeouts. With the Wildcats clinging to a one-run lead, he gave up a leadoff triple in the sixth inning, then struck out the next three batters, and with runners at second and third he got another strikeout to end the threat.

“I just tried pushing through to get the team a win,” Wentworth said of whiffing BYU’s Easton Jones to end the eighth. “All I could do to just get that last out for Tyson to come in and close it.”

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Neighbors also came up big, getting the Cougars in order with two strikeouts for his eighth save just a day after throwing 50 pitches over eight innings in the opener.

“I thought we played good this weekend,” Hughes said in recapping the series. “We won a series. “It’s all about winning series. We’ll feel terrible about this one for a while, but it’s a 24-hour rule. We’ve got to get back at it and get hot in the Big 12 Tournament and try to win the tournament.”

Arne Green is based in Salina and covers Kansas State University sports for the Gannett network. He can be reached at agreen@gannett.com or on Twitter at @arnegreen.



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Live Updates, May 19, 2024: Kansas City Royals vs Oakland Athletics (Game Three)

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Live Updates, May 19, 2024: Kansas City Royals vs Oakland Athletics (Game Three)


Kansas City, Mo. – The Kansas City Royals have taken the last two games off the Oakland Athletics behind great days at-bat. The Royals yesterday did what it seemed they couldn’t do for a while, score consistently through innings. Kansas City will look again to the top half of their pitching rotation as Brady Singer will get the nod for the Royals as they go for the sweep. With the race between the Cleveland Guardians and the Royals as close as ever, it will be extremely important for the Royals to pick up every game possible against weaker opponents.

Brady Singer will look to bounce back in this one after giving up four runs in five innings against the Twins. Before that outing, Singer had pitched three straight games where he only allowed a single run. An outing like that tonight could slingshot the Royals into the last series in their homestand against Detroit with a three-game win streak and all the momentum in the world.

1:59 p.m. – A routine single for the A’s turns into a double and a run as Garrett Hampson completely mislpays the ball allowing Brent Rooker to come all the way home from first. Tyler Soderstrom picks up the RBI. 2-1 Royals

1:50 p.m. – Salvador Perez and Nelson Velazquez fail to bring Witt Jr home after his triple, keeping the Royals lead at two. 2-0 Royals

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1:47 p.m. – Bobby Witt Jr is on fire and showing why he can be and is a true MVP cantidate. He adds a triple to his statline after blasting a double off the wall earlier in the game. Salvador Perez now has a chance to extend the Royals lead. 2-0 Royals

1:39 p.m. – Brady Singer has faced ten batters to this point so far. Every single first pitch in an at-bat thrown, resulted in either a strike or an out. The early success of Singer has led to early outs and a well controlled pitch count through three innings. 2-0 Royals

1:29 p.m. – Brady Singer might have somewhere to be after this game because he is flying through batters right now. Singer has put down six batters in just 19 total pitches. 2-0 Royals

1:25 p.m. – A double play, hit into by Hunter Renfroe, helps J.P Sears hold the damage to two runs in the inning. Singer has some early run support here and will be looking to keep the lead as is. 2-0 Royals

1:19 p.m. – The Royals have scored in the first inning in back-to-back games as both Maikel Garcia and Bobby Witt Jr smoke doubles to left field to put the Royals up a score with no outs. The Royals didn’t stop there either, as a Salvador Perez single drove Witt Jr home with a single up the middle to extend the lead. 2-0 Royals

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1:12 p.m. – We are underway here at Kauffman Stadium as Brady Singer strikes out Abraham Toro and induces a JJ Bleday groundout in back-to-back pitches. 0-0

Where: Kauffman Stadium, Kansas City, MO.

When: First pitch is scheduled for 1:10 p.m. CT. 

TV:  You can watch the game on Bally Sports KC or MLB.TV (blackouts may apply depending on location).

Starting Pitchers

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KC – Brady Singer (3-2, 2.84 ERA)

OAK – J.P. Sears (3-2, 3.96 ERA)

Batting Order/Lineup

KC: 1. Maikel Garcia (3B) 2. Bobby Witt Jr. (SS) 3. Salvador Perez (1B) 4. Nelson Velazquez (C) 5. Freddy Fermin (C) 6. Hunter Renfroe (RF) 7. Dairon Blanco (LF) 8. Michael Massey (2B) 9. Garrett Hampson (CF)

OAK: 1. Abraham Toro (3B) 2. JJ Bleday (CF) 3. Brent Rooker (LF) 4. Shea Langeliers (DH) 5. Tyler Soderstrom (1B) 6. Zack Gelof (2B) 7. Seth Brown (RF) 8. Max Schuemann (SS) 9. Kyle McCann (C)

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