Kansas Constitution does not include a right to vote, state Supreme Court majority says

https://apnews.com/article/voting-rights-kansas-supreme-court-0a0b5eea5c57cf54a9597d8a6f8a300e

29 comments

  2. That is why we need the right to vote added to the constitution.

  3. Should there be federal laws/ provisions into who can vote which supersedes whatever Kansas has?

  4. >In fact, Justice Caleb Stegall, writing for the majority, said that the dissenting justices wrongly accused the majority of ignoring past precedent, holding that the court has not identified a “fundamental right to vote” within the state constitution.

    >“It simply is not there,” Stegall wrote.

    >Justice Eric Rosen, one of the three who dissented, shot back: “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,” Rosen added.

  5. Voting rights should be what the Democrats need to push. In all the red states, there are republicans trying to find ways to weaken voter rights, trying to turn their downturn in popularity into undemocratic laws to gerrymander districts, into purging the voter rolls.

  6. The silent part out loud about taking everything back to the 1800s is that it was okay to control women and brown people, and a lot of other horrific stuff. How can we be created equal if we are justifying actions in 2024 by standards from that long ago?

  9. So why have another state election? Just be a dictatorship since you don’t get to vote. Weird it only happens when GOP is in control.

  10. “Toto, I have a feeling that we’re not in Kansas anymore”.

  11. So state supreme courts don’t know the constitution?

    Why is it almost always from a red state?

    Damn Fascists

  12. Hey just so everyone knows the majority of the KS Supreme Court is Democrat appointed judges. (3 of the last 5 Governors have been Democratic) And we have an independent selection process that allows the State Bar Association to put forward the top 3 candidates ensuring we get high quality choices regardless of party affiliation.

    Really these justices are pointing out that our state constitution has a glaring gaping hole in it that needs to be plugged. They are not Fascist stooges or election deniers they are just reading our constitution as written.

    Keep in mind these same judges determined that a vauge right to bodily autonomy as derived in the preamble of the Kansas constitution saying the “right to life” meant that women have the right to an abortion. These people aren’t bad people.

  13. This is so dumb.

    The Kansas Bill of Rights says

    All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit.

    It is commonly understood that the foundation of this government is done via the ballot box. This is where the US Federal Constitution right to vote is important as a piece of context.

    But also to be clear we also have:

    This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people.

    So even though it doesn’t explicitly say anything about our voting that power is retained by the people.

    And from there the opening section on the executive branch says it is chose by the electors.

    The legislature is selected by electors as well.

    Also Article 4 is all about elections including elections by the people. Why have that if people don’t have the right to vote.

    This is some sophomore in high school debate flunkie logic. Like how all death should be ruled suffocation or how every argument ends in nuclear war.

  15. Ugh that fucker Kobach. I really thought we got rid of him when he lost the Governor’s race.

  17. This is what they want nationally, since we’re not voting the way we’re supposed to.

  18. Ah so, the republicans are at the “We’re just not going to let you vote at all” phase of their evil plan.

    We all knew it was coming.

  20. Kobach already looking for an exploit and a lawsuit to waste more taxpayer dollars…

  22. If there is not a right to vote,then Kansas should loose it’s electoral college and not participate.

  23. ugh so many people commenting without RTFA, these judges are not denying the right to vote, they are trying to signal an alarm about their states constitution having a glaring hole.

  24. It also doesn’t include a right to be a fascist sack of shit but here we are

  26. Who it have really been that hard for the headline to be “State Supreme Court Finds Gaping Hole in Kansas Constitution.” At least then we’re not making judgements before we get to the article itself.

  28. Ok, so 7 justice sit on the Kansas Supreme Court. 4 ruled that Kansas’ constitution did not give an explicit right to vote; 3 dissented & said there’s no way the writers of the Kansas Constitution ever meant to deny Kansans that right. It was an assumed right in Kansas history.

    And that’s clear from Kansas history. Because Kansas has practiced voting before & all during its history, including its complex Constitutional journey.

    However if you look at the earliest version of Kansas’ several constitutions, you can see that in fact the right to vote was limited due to the whole slavery thing. The writers are afraid that Black people might gain the right to vote:

    “Constitutional Convention, Topeka, Kansas Territory. Source: Wikimedia Commons

    The Topeka Constitution, the first constitution written for Kansas Territory, was drafted by free state supporters in reaction to contested elections that gave the pro-slavery party initial control of Kansas’ territorial government.

    Free-staters gathered in convention at Lawrence on August 14 and Big Spring on September 5, 1855, and delegates assembled at Topeka on October 23, 1855, to draft a constitution. The document was approved on December 15 by a vote of 1,731 to 46. The Topeka Constitution prohibited slavery and limited suffrage to white males and “every civilized male Indian who has adopted the habits of the white man.” Congress rejected this constitution and the accompanying request for Kansas to be admitted to the Union.”

    https://www.kspatriot.org/index.php/articles/72-constitutions-of-kansas-territory/804-document-the-topeka-constitution.html

    This led to a defiant re-write by the pro-slavery faction:

    “the Lecompton Constitution, the second constitution drafted for Kansas Territory, was written by proslavery supporters. The document permitted slavery (Article VII), excluded free blacks from living in Kansas, and allowed only male citizens of the United States to vote. There were three separate votes on the Lecompton Constitution: December 21, 1857, January 4, 1858, and August 2, 1858. In the final vote, residents of Kansas Territory rejected the Lecompton Constitution.”

    The decent citizens of Kansas rejected this nonsense…. by voting. So voting has always been a thing in Kansas. Can’t be denied. Voting is a historical & intended founding practice in Kansas. The fight is over who gets to vote.

    https://www.kspatriot.org/index.php/articles/72-constitutions-of-kansas-territory/805-document-the-lecompton-constitution.html

    The 4th version is liberal:

    “the Leavenworth Constitution was the most radical of the four constitutions drafted for Kansas Territory. The Bill of Rights refers to “all men” and prohibited slavery from the state. The word “white” did not appear in the proposed document and therefore would not have excluded free blacks from the state.

    Article XVI, Section 3 directed the general assembly to provide some protection for the rights of women. The Leavenworth Constitution was ratified on May 18, 1858, but the U.S. Senate did not act to approve the document.”

    https://www.kspatriot.org/index.php/articles/72-constitutions-of-kansas-territory/806-document-leavenworth-constitution.html

    In sum, the majority of the Kansas Supreme Court are dumb hacks who think we know nothing about Kansas history. (◕‿◕✿)

    And how the terrible history of slavery shaped the discussion of who votes. How to finesse that while still getting Kansas statehood accepted by Congress was the issue.

    But voting isn’t & was never in doubt as a practice in Kansas. The writers of all versions of the Constitution always originally intended, assumed & practiced voting.

    Therefore the justices should have properly looked at the intention & practice of the authors to determine that the right to vote has never been in doubt.

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