Kansas Mail-ballot Application Rule Struck Down as Unconstitutional
Background: Kansas nonprofits often send voters advance-ballot applications already filled with the voter’s name and address to make it easier to request a mail ballot. In 2021, the Legislature added a final line to K.S.A. 25-1122(k)(2) aimed squarely at that practice:
“No portion of such application shall be completed prior to mailing such application to the registered voter.”
Ruling: Judge Kathryn Vratil held that this sentence violates the First Amendment. It is a content-based speech restriction targeting groups that promote mail voting, and it is not narrowly tailored—existing anti-fraud tools already address the State’s concerns. The court permanently barred enforcement of that sentence. Of course, this is a district court decision which a party could appeal.