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.”

  • octopus_ink@lemmy.mlEnglish
    2·
    5 months ago

    This looks like one of those cases where being a country of written laws can lead to weird outcomes. Yes, the right to vote should be universal. But, if the law, as written, doesn’t say that, then that’s not really the law.

    Without looking deeper I all but guarantee that these are relics of Jim Crow or earlier. They are a disgusting stain on our country, but not nearly as disgusting as those who would try to leverage them in the modern era for the sake of dragging us back to that era.