Constitution Party of Kansas v. Biggs

813 F. Supp. 2d 1274, 2011 U.S. Dist. LEXIS 45695, 2011 WL 1595042
CourtDistrict Court, D. Kansas
DecidedApril 27, 2011
DocketCase No. 10-4043-SAC
StatusPublished

This text of 813 F. Supp. 2d 1274 (Constitution Party of Kansas v. Biggs) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Constitution Party of Kansas v. Biggs, 813 F. Supp. 2d 1274, 2011 U.S. Dist. LEXIS 45695, 2011 WL 1595042 (D. Kan. 2011).

Opinion

MEMORANDUM AND ORDER

SAM A. CROW, Senior District Judge.

This case comes before the court on the Plaintiffs’ and Defendant’s cross-motions for summary judgment.

Summary Judgment Standard

On summary judgment, the initial burden is with the movant to point out the portions of the record which show that the movant is entitled to judgment as a matter of law. Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1024 (10th Cir.1992), cert. denied, 506 U.S. 1013, 113 S.Ct. 635, 121 L.Ed.2d 566 (1992); Fed.R.Civ.P. 56(c)(2).

In applying this standard, the court views the evidence and all reasonable inferences drawn from the evidence in the light most favorable to the nonmoving party. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10th Cir.1998). This legal standard remains the same here, where the court is ruling on cross-motions for summary judgment, since each party still has the burden to establish the lack of a genuine issue of material fact and its entitlement to judgment as a matter of law. See City of Shawnee, Kan. v. Argonaut Ins. Co., 546 F.Supp.2d 1163, 1172 (D.Kan.2008). “Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.” Buell Cabinet Co. v. Sudduth, 608 F.2d 431, 433 (10th Cir.1979). To the extent the cross-motions overlap, however, the court addresses the legal arguments together.

Facts

The parties stipulate to the relevant facts. The Kansas Constitution Party (“Constitution Party”) is officially recognized by the state of Kansas as a political action committee but not as an officially recognized political party. The Constitu[1276]*1276tion Party is a political affiliation of like-minded individuals who actively promote their political views and support chosen candidates for state and national elected offices in the state of Kansas.

Curt Engelbrecht (“Engelbrecht”) is a member and treasurer of the Constitution Party and its political action committee. He is also the primary Kansas contact person for the national Constitution Party, a Kansas resident, and a registered Kansas voter. Plaintiffs sue the Kansas Secretary of State, Chris Biggs, in his official capacity (“the Secretary”).

When a Kansas resident registers to vote, the State allows the voter to declare affiliation with any “recognized political party” or “registered political organization”. Kan. Stat. Ann. § 25-3306 (2010). Regardless of political affiliation, voters must either select an affiliation with a listed recognized political party or registered political organization, or select “not affiliated with a party” on the voter registration form. There are currently four recognized political parties in Kansas: Democratic, Republican, Libertarian, and Reform. If the voter does not declare affiliation with a recognized political party or registered political organization then the voter is listed as “unaffiliated” by default. Kan. Stat. Ann. § 25-2309(b)(19).

The Secretary of State “may adopt rules and regulations prescribing the method of listing members of all registered political organizations in voter registration and affiliation.” Kan. Stat. Ann. § 25-3307(b). The Secretary also has the duty to confer recognized political party status on parties that meet the statutory requirements. The Constitution Party has not met the statutory requirements for either a recognized political party or a registered political organization under Kan. Stat. Ann. § 25-3307(a). Accordingly, when a member of the Constitution Party registers to vote, he or she is reflected as “not affiliated with a party.”

Kansas law requires that to become a recognized political party, the party must file “petitions signed by qualified electors equal in number to at least 2% of the total vote cast for all candidates for the office of governor in the state in the last preceding general election.” Kan. Stat. Ann. § 25-302a. A recognized political party will lose its recognized status if the party’s “nominee for any office for which the officer is elected from the state as a whole fails to receive at least 1% of the total vote cast for any such office in this state at any general election,” or if the party “fails to nominate persons for at least one such office.” Kan. Stat. Ann. § 25-302b.

Kansas law also permits voters to declare affiliation with a registered political organization. There are three requirements for an organization to be qualified as a registered political organization. See Kan. Stat. Ann. § 25-3307(a). An organization must file a statement of organization with the Secretary of State, must file a certified List of officers with the Secretary of State, and though the organization is not required to hold recognized party status at the time of filing, it must have held recognized political party status under Kan. Stat. Ann. § 25-302a at some time in the past. Id.

The Secretary tracks voter registration information on a computerized system and provides a party affiliation list to each recognized political party. See Kan. Stat. Ann. § 25-3304(a). The list contains certain contact information for voters who selected that particular party on their voter registration form. Id.

Party affiliation lists and voter registration records may be used for political campaign and election purposes. See Kan. Stat. Ann. § 25-2320(a). The Constitution Party and Engelbrecht seek to use party [1277]*1277affiliation lists to contact and associate with members and supporters for political campaign or election purposes, but cannot because the Secretary does not record voter affiliation with the Constitution Party. Engelbrecht, as a registered Kansas voter, cannot express his affiliation with the Constitution Party on the voter registration application or have his party affiliation tracked by the Secretary.

Constitution Party supporters have run under other party tickets because the Constitution Party is not officially recognized in Kansas.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wesberry v. Sanders
376 U.S. 1 (Supreme Court, 1964)
Jenness v. Fortson
403 U.S. 431 (Supreme Court, 1971)
Kusper v. Pontikes
414 U.S. 51 (Supreme Court, 1973)
Storer v. Brown
415 U.S. 724 (Supreme Court, 1974)
American Party of Texas v. White
415 U.S. 767 (Supreme Court, 1974)
Anderson v. Celebrezze
460 U.S. 780 (Supreme Court, 1983)
Munro v. Socialist Workers Party
479 U.S. 189 (Supreme Court, 1986)
Burdick v. Takushi
504 U.S. 428 (Supreme Court, 1992)
Adler v. Wal-Mart Stores, Inc.
144 F.3d 664 (Tenth Circuit, 1998)
Barr v. Galvin
626 F.3d 99 (First Circuit, 2010)
City of Shawnee, Kan. v. Argonaut Ins. Co.
546 F. Supp. 2d 1163 (D. Kansas, 2008)
Green Party of State of New York v. Weiner
216 F. Supp. 2d 176 (S.D. New York, 2002)
Atherton v. Ward
22 F. Supp. 2d 1265 (W.D. Oklahoma, 1998)
Buell Cabinet Co. v. Sudduth
608 F.2d 431 (Tenth Circuit, 1979)
Baer v. Meyer
728 F.2d 471 (Tenth Circuit, 1984)
Iowa Socialist Party v. Nelson
909 F.2d 1175 (Eighth Circuit, 1990)
Thomas v. Wichita Coca-Cola Bottling Co.
968 F.2d 1022 (Tenth Circuit, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
813 F. Supp. 2d 1274, 2011 U.S. Dist. LEXIS 45695, 2011 WL 1595042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/constitution-party-of-kansas-v-biggs-ksd-2011.