Who will be on ballot?

Though Kansas voters will have the last word Nov. 4, the justices on the state Supreme Court could exert some significant influence on the state’s stranger-by-the-day U.S. Senate contest in deciding whether to let Democrat Chad Taylor off the ballot.

The other candidates are Republican incumbent Pat Roberts, independent Greg Orman and Libertarian Randall Batson.

Records The Eagle obtained from the Secretary of State’s Office show that all nine of the other candidates since 2010 who have withdrawn from races after winning their party’s nomination declared they were incapable of fulfilling the duties of office if elected.

Taylor, who is Shawnee County district attorney, failed to make that specific declaration when he tried to exit the race Sept. 3, instead merely citing the statute.

The question before the court is whether Taylor had to follow the law’s mandate exactly or whether it is sufficient that he cited the statute and demonstrated his clear intention to withdraw from the race – which isn’t in dispute.

As they hear oral arguments Tuesday morning and come to a decision, the justices will need to consider the differing accounts of what Assistant Secretary of State Brad Bryant told Taylor he needed to do to withdraw. Taylor’s and Bryant’s sworn affidavits contradict each other as to whether the message was conveyed Sept. 3 that Taylor’s letter was sufficient as written.

Though different attorneys in the state have been quoted as viewing the dispute differently, it is noteworthy that Attorney General Derek Schmidt endorses Secretary of State Kris Kobach’s view that Taylor’s name must remain on the ballot. Schmidt, like Kobach, sits on Roberts’ honorary campaign committee. But Schmidt has not damaged his credibility with Kansans by engaging in shameless politicking and moonlighting during his tenure. The bizarre legal battle over Taylor’s attempted withdrawal has become a prime example of why Kansas’ chief elections officer should not be working for other people’s campaigns and should not even be allowed to have a political action committee, which Kobach used as recently as last month to try to hurt the re-election efforts of moderate Republicans in the Kansas House.

Of course, all of this fuss over whether to keep someone on a ballot against his will is not really about Taylor. It’s about control of the closely divided U.S. Senate. The whole political world seems to be watching Kansas and trying to discern whether three-term Roberts and newbie Orman are as vulnerable and strong, respectively, as opinion polls suggest. And if Taylor gets off the ballot, must another Democrat go on it, as per another state law? If so, who?

Meanwhile, the clock is ticking. Ballots are supposed to go out Saturday via mail to absentee voters overseas. The high court, which is not known for snap judgments, needs one here.

For the editorial board, Rhonda Holman

This story was originally published September 15, 2014 at 7:07 PM with the headline "Who will be on ballot?."