Challenging Anti-Fusion Laws in Kansas

Fusion voting enables constructive, pro-democracy politics. Protect Democracy is helping Kansans revive it in their state.

In July 2024, a group of Kansas voters filed litigation alleging that the Kansas Constitution prohibits the state from excluding their party’s nomination from the general election ballot simply because their nominee also has the support of a second political party. The state’s exclusion of the nomination prevents voters, their party, and their nominee from engaging in protected political speech and freely associating in the political process. It also denies them equal protection under the law.

The “anti-fusion” laws at the heart of the case were adopted in the early 1900s with the explicit purpose of limiting political participation and competition. Prior to these laws, candidates in Kansas routinely earned more than one nomination, allowing for minor parties to play a substantial and constructive role in the political process.

We represent four of these voters, who are also joined in the litigation by a new, politically moderate party, United Kansas; several of its leaders; and two of its nominees. In March 2025, the Saline County District Court granted the state’s motion to dismiss. Plaintiffs are appealing this decision and remain hopeful that the Kansas appellate courts will recognize the constitutional injuries caused by these laws meant to restrict competition and participation.

Press Coverage

Featured Press Coverage

Kansas Reflector

April 29, 2024

Fledgling newcomer to Kansas party politics working to create powerful kind of fusion
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The Topeka Capital-Journal

April 20, 2024

Here’s how fusion voting helps to elevate diverse voices in Kansas
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The Kansas City Star

June 7, 2024

New Kansas political party wants to change how you vote. Can they get around the ban?
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Case Documents

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