United Kansas Inc. v. Schwab

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.

Background

Background

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 Kansas 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.

Plaintiffs

Plaintiffs

• United Kansas Inc.
• Lori Blake
• Jack Curtis
• Sally Cauble
• Brent Lewis
• Elizabeth Long
• Scott Morgan
• Adeline Ollenberger

Defendants

Defendants

• Scott Schwab, Kansas Secretary of State
• Jamie Doss, County Clerk and Election Officer for Saline County, Kansas

Case Documents

Case Documents

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