For the last two weeks, in federal court case ACLU V. Kris Kobach, a Kansas man has gone to great length to highlight his incompetence — basic procedural errors, attempts at last minute evidence, witnesses who weren’t prepared to show up on time
And all of that may have been an appetizer. Upon the close of the case, the court moved to evaluate other problems facing Secretary of State Kobach, like a contempt of court hearing over whether or not he had violated prior court orders involving helping to get voters registered.
www.cjonline.com/…
U.S. District Judge Julie Robinson delivered a scathing rebuke Tuesday of Kansas Secretary of State Kris Kobach’s efforts to comply with her order blocking enforcement of proof of citizenship requirements.
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Robinson issued a temporary injunction in May 2016, pending the outcome of the case. She accused Kobach of repeatedly engaging in gamesmanship and demanded evidence showing he enforced her instructions. Kobach said any failure to carry out orders is the fault of county election officers who don’t have to abide by his authority.
At dispute is the fact that voters who used the federal form were to be considered fully registered voters, entitled to vote in elections; however, many voters received a letter or postcards which contained caveats around their registration, leaving several to believe they were not registered and could not vote.
Kobach’s answer, that he simply doesn’t control county governments who sent such a letter, struck the court as, well, a bit disingenuous.
“You are under an ethical obligation to tell me the truth,” Robinson said to Kobach. “If you tell me you’ve done something, I trust that. That’s why lawyers are licensed.”
It's rarely a good sign to have a federal judge question your honor, but that’s where we concluded today.
On one hand, we could believe Secretary of State Kobach, that he has no control over the voting practices, counties do what they will, don’t report to him, and he is ‘helpless’ when they just do their own thing — a claim that he is powerless, though, seems to be a hard sell for someone who is running for Governor.
On the other hand, Kobach through his office, could be seen as not doing remotely enough to make sure proper court orders are followed, and that through his radio program, work for the federal government, Crosscheck, and other activities, be sending more than a silent nod that he is OK with practices aimed at confusing voters and subverting the court ruling.
Secretary of State Kobach — who still may be in a quest to find out who all calls him a “s**t sandwich” — now awaits rulings from the court on ACLU v Kobach, where, right now, things look grim for the man who hopes to oppress his way to an election victory. Still, the office notified the press if they lose in this case, they will appeal — and more Kansans will see their tax dollars wasted on yet another round of court hearings.