Kansas agrees not to enforce key section of controversial election law as part of court deal

Out-of-state groups can continue to distribute advanced ballot applications in Kansas, under a deal approved Friday between a coalition of national voting rights advocates and state officials.

The provision was one of several components of a controversial election law, House Bill 2332, challenged last year in federal court. In November, the out-of-state ban was temporarily blocked, as was a provision barring applications from being sent if information is already filled out on them.

Under the permanent injunction approved Friday by U.S. District Court Judge Kathryn Vratil, the state will no longer seek to enforce the out-of-state mailing ban, effectively ending that portion of the lawsuit. 

Parts of the lawsuit targeting other sections of the bill will proceed.

More:Federal judge temporarily blocks Kansas voting law restricting out-of-state ballot applications

In their legal challenge, the plaintiffs, Vote America and the Voter Participation Center, said the law effectively halted their work in Kansas and keeps them from "employing their most effective means of persuading voters to engage in the democratic process."

In her ruling on the temporary injunction, Vratil agreed the law "will have the inevitable effect of reducing the total quantum of speech on an important public issue" and agreed with the voting rights group that a more demanding level of legal review was required.

Previously, the state had argued the bill was a legitimate means of easing confusion among residents, who were often flooded with multiple advance ballot applications in the lead up to the 2020 election. They also said a resident who receives multiple applications could more easily perpetuate voter fraud, something Vratil said was not supported by evidence.

More:Voting rights advocates file dueling lawsuits arguing new Kansas election laws are unconstitutional

As part of the deal, the state will pay the attorney fees for Vote America and the Voter Participation Center. The exact amount is unclear, though the parties have 45 days to come to an agreement. After that, the judge can order the amount to be paid.

A state-level lawsuit also was filed against both HB 2332 and a separate bill, HB 2183, by a coalition of activist groups which argued, among other things, that provisions of HB 2183 halted their voter registration efforts.

That case is proceeding, after a Shawnee County judge declined in September to block the implementation of HB 2183.

Andrew Bahl is a senior statehouse reporter for the Topeka Capital-Journal. He can be reached at abahl@gannett.com or by phone at 443-979-6100.