Kobach files late response in voter case

A federal court will decide whether to excuse Secretary of State Kris Kobach’s late filing in a case about the constitutionality of requiring people to prove they are citizens when they register to vote.

Kobach filed an 88-page response in a federal lawsuit Tuesday night, hours after being found in default for failing to respond in time to an amended complaint. A spokeswoman for his office said it still must file a motion to set aside the default.

The plaintiffs’ attorneys filed a motion to strike Kobach’s late response Wednesday afternoon, contending it was improper because it was not paired with a motion to allow a late filing or set aside the default.

“He chose to represent himself in the case, as well as several others, and he has a responsibility to get things filed and filed on time. And at this point, he hasn’t done that,” said Will Lawrence, one of the attorneys for the plaintiffs.

Kobach did not return phone calls about the case on Tuesday or Wednesday.

The plaintiffs seek to overturn the state’s requirement that voters provide proof of citizenship, such as a birth certificate, when they register to vote. They say the requirement violates the 14th Amendment’s guarantee of equal protection.

Federal Judge Julie Robinson will decide whether to strike Kobach’s late filing and whether to uphold the default. If Robinson upholds the default, it will mean Kobach essentially forfeits the case, striking down the proof-of-citizenship requirement.

Kansas adopted the requirement in 2013 at Kobach’s urging. He said it was needed to prevent voter fraud by noncitizens. Voting-rights advocates say it puts up hurdles that keep citizens from registering.

Robinson ruled in a separate case earlier this year that Kansas could not require voters who register at the Department of Motor Vehicles to provide proof of citizenship because of the federal Motor Voter Act. That means those people can vote in this year’s election. The citizenship requirement remains in effect for people who register using the state form or through the state’s website. The deadline to register to vote before the Nov. 8 election is Tuesday.

This story was originally published October 12, 2016 at 9:59 AM with the headline "Kobach files late response in voter case."