This morning the Kansas Supreme Court heard arguments from attorneys representing Democrat Chad Taylor and Kansas Secretary of State Kris Kobach about whether the Democratic challenger's name should be removed from the ballot this November. The take from the
Election Law Blog:
Much of the discussion at oral argument concerned other letters of withdrawal which the SOS had received in recent years, including some earlier letters which were submitted (late) to the court. It seems to show a pattern of the SOS exercising discretion in deciding which letters complied. The Justices seemed to get Kobach’s lawyer to admit that substantial compliance may sometimes be enough. With that concession, there is a relatively easy path to finding the letter substantially complied.
So, it sounds as if things are looking good for Taylor's request to withdrawal. The court is expected to rule before Friday, with some indications they may rule as early as today. The ballots head to the printing press this Saturday, so they must rule quickly. Our own Kansas political expert tmserv0433
liveblogged the hearing and more community discussion can be found in his diary.
The ruling could be critical for the Senate race in Kansas. New polling from PPP shows Greg Orman (KS-I) now has a growing lead against Pat Roberts (VA-R), but there are still Kansas voters who intend to vote for Chad Taylor if he remains on the ballot:
Independent Greg Orman leads Sen. Pat Roberts (R-Ks.), 41 percent to 34 percent, according to a poll released to HuffPost by the Democratic firm Public Policy Polling. Six percent said they'd still vote for Democrat Chad Taylor, who has announced he's leaving the race, but whose name may remain on the ballot pending a lawsuit being heard Tuesday. Another 4 percent opted for libertarian Randall Batson, with the remaining 15 percent undecided.
With 15 percent undecided, Greg Orman could use a boost from the 6 percent who say they intend to vote for Taylor if he stays on the ballot, provided they decide to cast their vote for anyone but Roberts.
11:10 AM PT: Now comes news that a Brownback staffer's father is behind the motion to keep Taylor on the ballot.
The Kansas Supreme Court will review Tuesday whether Taylor, the Democratic nominee for U.S. Senate, should be allowed to come off the November ballot. David Orel, a 57-year-old from Kansas City, Kan., filed an amicus brief with the court on Monday.
The brief argues that allowing Taylor to withdraw from the ballot would rob Orel, a Democrat, from his right to vote for his party’s nominee.
Curiouser and curiouser.