At Dole Institute Forum, Kobach, Attorney Disagree on Motivation, Effects of Voting Laws
After all the court cases, all the hyperbole, all the legislation, all the court time, and all the money wasted Kobach, the Kansas Secretary of state, has yet to prosecute a single case of false or duplicate registrations.
The two disagreed on the intent of the legislation Kobach has pursued since he took office as Secretary of State in 2011: voter identification requirements and proof of citizenship for voter registration.
Johnson, an adjunct professor in the University of Kansas’ law and journalism schools, said the dates when the laws started being passed in other states gave a clue to their purpose. They began to pop up after the wave election of 2012, in which Republicans won control of the U.S House of Representatives and many state legislatures, he said.
He stated that motivation of voter suppression more clearly when addressing the U.S. Supreme Court’s 6-3 decision in 2008, upholding an Indiana photo ID law. That decision was an “outlier” because the court didn’t consider the impact of the law. Subsequent litigation sought to make the case that the laws created a barrier for poor and minority voters, many of whom didn’t have access to birth certificates or other proof of citizenship documentation.
Johnson cited the words of U.S. Circuit Judge Richard Posner, stating voting was a low-reward activity because an individual vote rarely made the difference in a race. Therefore, Posner argued, anything states do to put a “low hurdle” in the way of voting will have an adverse effect on participation.