A Kansas judge is allowing two voters to continue pursuing a lawsuit challenging how Secretary of State Kris Kobach is enforcing a proof of citizenship requirement for registering.
Shawnee County District Judge Franklin Theis also suggested in an order that Kobach exceeded his authority in declaring that voters who use a federal form to register can cast ballots only in federal races. The federal form does not require proof of citizenship.
Theis issued an order last week rejecting Kobach’s request to decide the case in his favor before a trial. But the judge also didn’t block Kobach from enforcing the law as he has for more than a year.
ACLU attorney Julie Ebenstein on Wednesday called the ruling encouraging. Kobach said it’s still very early in the lawsuit.