Archive for Monday, October 17, 2016

Kobach asks court to set aside default judgment

October 17, 2016

Advertisement

— Kansas Secretary of State Kris Kobach has asked a federal court to set aside a default judgment against him for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.

A federal court clerk earlier this week entered Kobach as being in default in a case concerning the state's proof-of-citizenship requirement because Kobach had failed to file documents with the court on time.

In a motion filed Friday in U.S. District Court, Kobach asked the court to set aside the default judgment, saying he believed the court had suspended certain deadlines in the case. He also criticized his opponents for "trying to play a game of 'gotcha' litigation," The Wichita Eagle reported.

"They keep changing their complaint and forcing us to write a new answer," he said.

Will Lawrence, an attorney for the plaintiffs, said the original complaint was amended for legitimate reasons, including a ruling in a separate case that settled some of the matters before the court.

The lawsuit contends the proof-of-citizenship requirement violates voters' constitutional right to due process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends that the actions Kobach has taken to verify citizenship status discriminate against people who were born or got married in other states.

Kobach has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting. Critics say such requirements are actually meant to suppress voter turnout among groups that tend to support Democrats and that the type of in-person voter fraud they are designed to prevent is extremely rare.

Federal Judge Julie Robinson will decide whether to set aside Kobach's default status in the case. If she upholds the default, the plaintiffs will have succeeded in overturning the state's proof-of-citizenship requirement.

Comments

Richard Quinlan 1 year ago

Given the history of Kobachs legislation being routinely being tossed out as unconstitutional the judge should just save us all a lot of time and money and uphold the default.

beth newman 1 year ago

There's a concerted effort nation wide and one also worldwide (check what's up in Greece today) to eliminate as much democracy as possible. Or maybe you think this global governance thingy is just a bunch of poppy-cock. Maybe it's just incompetence, right? Every sovereign nation world wide is just acting out of incompetence...Good luck with that. Can anyone guess what job Kobach will be rewarded with next? To those that pull his right wing strings, he's in for a pay raise.

Michael Kort 1 year ago

He earned the courts default judgement, as a less than functional or timely advocate before the court, for his own Kansas voter cause ( he should spend his time on Kansas issues and spend no time on Donald Trump and spend no time on what goes on in other states, with their voter laws, that is none of his or the State of Kansas's business and not in the job description for Kansas S.O.S. )

This is nobodies fault but his own and his masters choices, for not responding in a timely fashion to the court systems deadlines .

I am sure that Kobach would be more than happy to drag this voter issue out until after the November elections ( or alternately, until the 1st of NEVER - the Republicans' newly rediscovered 13th Month, that somebody ( it's those communists again ! ) tricked calendar makers into getting rid of, centuries ago ) .

Dorothy Hoyt-Reed 1 year ago

If he thinks that some of these people are not citizens, then why isn't he spending his time trying to prove it. He has access to public records. He isn't trying to "protect" the voting process; he's trying to keep people from voting.

Commenting has been disabled for this item.