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 would prevent voters, their party, and their nominee from engaging in protected political speech and freely associating in the political process. It would also be denying 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 received multiple nominations, 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 leaders of the United Kansas party; and two of the party’s nominees. The case is currently before the Reno and Saline County District Courts.

Case Documents