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Kansas AG argues out-of-state circulator ban is unconstitutional

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July 27, 2010

By Kyle Maichle

TOPEKA, Kansas: The Kansas Attorney General's office filed a joint brief with the state's Constitution Party on July 20, 2010, arguing that state laws against out-of-state petition circulators are unconstitutional[1].

The brief asked federal judge Sam Crow to strike down the law by arguing that a similar law in Oklahoma was ruled unconstitutional. In 2008, a three-judge panel from the Tenth Circuit Court of Appeals found that Oklahoma's law against out-of-state circulators violated the First Amendment of the U.S. Constitution[1].

Representatives from the Attorney General's office told Ballot Access News that the decision to argue the law unconstitutional was over not having enough evidence to defend Secretary of State Chris Biggs. Biggs is the named defendant in a lawsuit filed by the Kansas Constitution Party[1].

No date on a ruling has been set[1].

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