Narrow decision says lower court failed to identify ‘fundamental right to vote’, drawing fiery dissent from three of seven justices

In a bizarre mixed ruling combining several challenges to a 2021 election law, Kansas’s supreme court has ruled that its residents have no right to vote enshrined in the state’s constitution.

The opinion centering on a ballot signature-verification measure elicited fiery dissent from three of the court’s seven justices. But the majority held that the court failed to identify a “fundamental right to vote” within the state.

The measure in question 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 a lawsuit that challenged that. The majority of justices on the state supreme court then rejected arguments from voting rights groups that the measure violates state constitutional voting rights.

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Justice Eric Rosen, one of the three who dissented, wrote: “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.”

  • bobs_monkey
    1·
    26 days ago

    Gotcha, thank you for your detailed response. So what I’m gathering here is that, essentially, the universal right to vote has typically been pushed under the Privileges and Immunities clause, but only because there isn’t exactly any specific line or section in the Constitution that explicitly guarantees it, and also that the P&I clause was utilized via the benevolence (for lack of a better word) for the people by lawmakers and the judiciary?