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Kansas legislators are going full speed on silencing your voice by constricting your voting rights.

On January 26, the House Elections Committee held a hearing on House Bill 2056, which would drastically—and needlessly—restrict mail-in voting.

Under current Kansas law, every mail-in ballot postmarked by Election Day is eligible to be counted. Our system currently has a 3-day collection period for those ballots to get through the postal system and arrived at the county election office.

HB 2056 would eliminate this collection period, dictating instead that voters try their luck with the postal system to have their ballots arrive by Election Day.

At the bill’s hearing, only one attendee testified in favor of the bill, while one other submitted written proponent testimony; by contrast, there were 25 people who shared testimony against this senseless change.

Despite this clear ratio of opposition, lawmakers are rushing ahead with this devastating bill, rocketing it out of committee toward a general House vote.

Their stated reasons highlight what it means for a group of powerful people to be deeply out of touch with the lives of everyday Kansans. Both their hastiness and their fervor to keep your voice out of the conversation should disturb all of us.

One claim is that voters will lose confidence in the system if votes are being counted after Election Day.

However, if I were a county election official, I’d much rather explain that ballots mailed by Election Day take a few days to arrive to be counted than explain that a person’s vote was thrown out entirely because of a postal process out of their control, even if they did everything right.

Another claim is that the current system is confusing because in-person voting ends on Election Day, whereas mail-in ballots are collected for three more days; the sole in-person proponent said that would create two deadlines for voters to remember. But it wouldn’t.

There’s only one deadline: vote at the polls or mail your ballot by Election Day. Simple. Were this bill to pass, there would suddenly be no deadline, just a shrug by the system. Voters would be left with no more than a wish and a prayer that their ballot arrives by Election Day.

Another fallacy out of the corner of the bill’s supporters is that because the 3-day period doesn’t guarantee a ballot will reach the election office in time, we should get rid of it.

Here’s my analogy for the 3-day period: my house is old, and with the recent polar vortex, it got cold inside. My insulation wasn’t sufficient to ensure I stayed warm. Seeing this, did I remove the insulation I had? 

Of course not. I added more because it serves an important purpose. The insulation needed to be made stronger, not thrown away entirely.

Do we get rid of seatbelts because they don’t guarantee maximum safety in every situation? Do we outlaw all medical procedures because some don’t work with perfect efficacy?

If the 3-day collection period doesn’t reasonably assure ballots get through the postal system in time, then we should be looking to extend the collection period (or for that matter, better support our postal service), not trash it.

The motives behind HB 2056 make little sense and of course, there are others with similar reasoning that would unreasonably limit voters from having their voices heard.

HB 2057 is an overreaching law that would restrict Kansas counties to provide only one ballot drop box each. Wrapped in the same irrational rhetoric, this only makes it harder for voters to vote. 

Similarly, HB 2053 further takes power away from our counties and gives it to the Secretary of State to needlessly limit voters’ ability to use ballot boxes, allowing a politician in Topeka to decide what’s best for your community.

Lawmakers are justifying voting restrictions by dangerously claiming Kansans have a “personal responsibility” to have their vote counted, wholly ignoring their own role and responsibility in enabling a functioning elections process. 

They almost seem to propose that eliminating the 3-day “grace period” would be a favor.

Voting is a right. If you follow the procedures and cast a ballot, your vote should be counted. Period. Votes cast on Election Day are meant to count; the 3-day window to collect those ballots isn’t a “grace period,” but a collection period. Election officials aren’t engaging in charity work for you—they’re ensuring that you are able to exercise your constitutional right to vote.

Kansans deserve to have their voice heard. Voting should be easy, safe, and accessible—not ridiculously made more difficult by politicians in Topeka. If you agree, please tell your lawmaker to oppose HB 2057, 2056, and 2053.  

We make it easy with our intuitive form—it automatically finds your lawmakers so all you have to do is fill it out, personalize your message, and hit send. 

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• Read more about Kansas lawmakers are eroding voting rights. Here's why it's not only wrong, but it just doesn't make sense.

As we fight for civil liberties in Kansas, we often find ourselves at the crossroads of history—that’s where progress is made.

Next week is a double dose; on Monday we begin two major cases that have deep implications for what we allow from law enforcement and our criminal legal system.

First: we’re putting the death penalty on trial.

We’ll show how the death penalty is arbitrary, racially discriminatory, and unconstitutional.

On Monday, February 6, we begin our case in Wichita—alongside the ACLU Capital Punishment Project and Hogan Lovells US LLP—where we will present groundbreaking evidence that shows the death penalty in our state violates the state and federal constitution in three major ways:

• The jury selection process, known as death qualification, systematically produces white-washed and biased capital juries more likely to convict. It's a violation of the fundamental right to a fair and impartial jury.
• The death penalty has a long, cruel history of being arbitrary and discriminatory imposed—violating the prohibition on cruel or unusual punishment. Though the death penalty is rarely used in Kansas, those who have received it are often victims of racial bias and problematic counsel. You can learn more in the documents section here.
• The death penalty doesn’t deter crime and is extremely costly. With growing concerns about innocence in the process, it's increasingly, fundamentally irrational for the state to have this ultimate power, especially since it fails to meet the standards of constitutional scrutiny.

The Kansas v. Young evidentiary hearing will start Monday morning and will go a few days at the Sedgwick County District Court. We hope you'll to show up to support us as we show the court how the Kansas death penalty is unconstitutional: RSVP here.

Second: It’s time to end Kansas Highway Patrol’s discriminatory practices.

Also on February 6, we begin our case in our suit against the Kansas Highway Patrol, who target motorists with out-of-state plates traveling to and from Colorado for traffic stops and routinely train officers to employ a technique known as the "Kansas Two-Step" to illegally detain and search drivers.

It's been nearly three years of logistical hold-ups since we first filed Shaw v. Jones—finally, our clients will have their claims heard by a jury.

The evidence speaks for itself: Kansas Highway Patrol has and continues to violate drivers' protections against unreasonable search and seizure.

These two cases are historic ones for Kansas.

Both the death penalty and Kansas Highway Patrol’s practices violate our rights—and are demonstrably racist in doing so.

If you wish to be part of this historic moment, please RSVP to the Young case in Wichita. We’re hoping to pack the court to show wide-ranging support for ending this racist practice in Kansas.

Our part in this movement can be arduous but also full of possibility—here’s to hoping next week isn’t just one big step forward, but rather two.

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• Read more about One Week, Two Cases to Make History

Kansas voters tapped into their pro-freedom roots last year, overwhelmingly rejecting a proposed state constitutional amendment that would have taken away the fundamental right to an abortion in the state constitution by 16 points—a 165,000 vote difference.

Despite this, lawmakers opened the 2023 legislative session by trying to further curtail abortion access anyway.

It’s clear our lawmakers don’t always represent our values, and this doesn’t just show up in the landscape for reproductive freedom. It also shows up in one of the most fundamental parts of our democratic process–voting rights.

Already this session, lawmakers have introduced numerous bills to curb our access to voting.

But when it comes to expanding access, many changes can happen without spinning your wheels in the halls of the Topeka Statehouse. Many decisions about the election process happen at your local county courthouse, where county clerks have the power to make democracy more accessible in many ways.

The constitutional right to vote is the heart of our democracy and system of governance. The right to vote is the vehicle through which a citizen has a voice in selecting and holding accountable those in power. If we sincerely believe in a representative government, we should strive to make it easier, not harder, for all eligible Kansans to vote. We should remove the unnecessary barriers throughout the voting process, from registering, to casting a ballot, to ensuring that every ballot counts. Expanding early voting access through increasing hours and locations is a simple but effective way to ensure voters have access in between working, caring for families, and other responsibilities.

It’s in the details of the voting process that we’ll improve access for everyday Kansans – and that access for the people is what underlies the very values of a representative democracy.

It’s these values that bring us to your county to strategize for local election reform in the coming months. Are you feeling powerless in the fight against extremism? You shouldn’t. The New York Times estimates that only 27% of eligible voters participate in local elections, and we can only imagine how this number could change if there were fewer barriers between voters and casting their ballots.

That’s why we’re coming to your county to strategize for local election reform – with you.

RSVP today for Your Democracy is Local: Meet Your Organizer and Strategize for Local Election Reform:

• Sedgwick County Wednesday, February 8 6 - 7:30 p.m.
• Johnson County Thursday, February 16 6 - 7:30 p.m.
• Wyandotte County Wednesday, March 1 6 - 7:30 p.m.
• Ellis County Thursday, March 16 6 - 7:30 p.m.
• Shawnee County Thursday, 23 6 - 7:30 p.m.

Last August, we saw the power of when Kansans put aside partisan differences and dig deep to think meaningfully about how we respect one another’s rights – and turn out to vote accordingly. Our hope is to ensure that last August is less of a historic anomaly and instead, that what we call record turnout becomes the norm in every county – starting with yours.

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• Read more about Your Democracy is Local: Strategizing for Local Election Reforms in Your County