League of Women Voters of Kansas v. Schwab
Held that the plaintiffs had standing to challenge a law that makes it a crime to “give the appearance of being an election official.” The court held that plaintiffs have standing to challenge a law when it “criminalizes speech and does not — within the elements of the crime — provide a high degree of specificity and clarity” establishing that only constitutionally unprotected speech is being criminalized. Plaintiffs also challenged ballot collection and signature verification requirements passed as part of the same legislation. The Kansas Supreme Court will hear appeals on both sets of claims in February 2024.
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How Closely Should State Courts Scrutinize Laws that Restrict Voting?
Cases pending in Kansas and Idaho will impact how easy it is for those states to implement laws burdening the right to vote.