Federal judge throwns out ban on non-resident circulators in Kansas
By Kyle Maichle
In a ruling issued on August 13, 2010, the judge found that parts of the law violate the First Amendment of the U.S. Constitution on the basis of free speech. The judge also issued a permanent injunction on the law and prohibited Secretary of State Chris Biggs from enforcing it.
The Constitution Party of Kansas along with an out-of-state circulator and an in-state party member filed suit in April of 2010. The Attorney General's Office later filed a joint brief with the plantiffs to ask the judge to throw out the law.
A spokeswoman for the Secretary of State said that the ban will not be enforced. The spokeswoman also said that the Secretary of State will work with the Legislature to remove the language in the law banning out-of-state circulators during the next session.