Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Citizenship proof to vote is unconstitutional absent viable fraud, appeals court says

Senate candidate Kris Kobach

Scott Olson/Getty Images

Former Kansas Secretary of State Kris Kobach Kobach said the decision is the "essence of judicial activism."

Kansas may not require people registering to vote to provide documents proving their citizenship, a federal appeals court has ruled, striking down one of the most prominent Republican efforts to prove assertions of widespread election cheating.

The law was enacted in 2013 at the behest of Kris Kobach, the polarizing GOP figure who was then the state's top elections official and went on to chair President Trump' s commission to investigate voter fraud, which disbanded after coming up nearly empty.

Wednesday's ruling could bolster the prospects for other lawsuits by progressive groups and the Democrats. They are challenging election laws in more than a dozen states, many of them 2020 battlegrounds, arguing many rules were designed by conservative legislators to suppress the votes of racial minorities, college students and other reliably Democratic voters on the pretext of outsmarting an army of fraudsters that doesn't actually exist.


"Kansas wasn't able to muster evidence that the law in question here was necessary to prevent voter fraud, and I think that broader principle could have reverberations beyond the specific context of this case in a wide range of disputes over voting access between now and November," said Dale Ho, the American Civil Liberties Union's top voting rights lawyer.

Top GOP officials in Kansas said they may ask the Supreme Court to reverse the decision, in which the 10th Circuit Court of Appeals concluded the statute violated the Constitution's equal protection guarantee and the federal law regulating voter registration.

In the past two decades, the court said, 67 noncitizens at most registered or tried to register in Kansas — concluding that "incredibly slight evidence" of misbehavior was "statistically indistinguishable from zero" and did not justify preventing more than 31,000 applicants from registering, disenfranchising them during the five years the law was being enforced. (It has been blocked since 2018 because of the litigation.)

The state's interest in preventing such minimal fraud, the three-judge panel unanimously concluded, does "not justify the burden imposed on the right to vote."

The Kansas law is unique in requiring people to show a physical document such as a birth certificate or passport when applying to register. The state argued that is not too much of a burden and would assure the integrity of the voter rolls.

Mississippi is the only other state requiring would-be voters to similarly prove their citizenship, and that law only applies to naturalized Americans. It is being challenged in a separate federal lawsuit.

Kobach derided the decision as the "essence of judicial activism" and urged an appeal by his successor as secretary of state, Scott Schwab. He and Attorney General Derek Schmidt, a fellow Republican, said they were considering doing so.

The Democratic governor, Laura Kelly, has no say in the matter but urged them to give up. "If we have a problem with voting in the state of Kansas and across the country, it is that not enough people exercise their right," she said in a statement. "So I think eliminating any barriers to voting is a good thing."

Kobach, who was upset by Kelly in a bid for governor in 2018, is now seeking the state's open Senate seat in a competitive Republican primary.

"Make no mistake — this is a huge victory," said Rick Hasen, a law professor at the University of California, Irvine, and the author of "Election Meltdown," a sharp critique of the American electoral system.

The case produced "the most important voting trial of the 21st century so far because it was the chance for those like Kobach who claim that voter fraud is a major problem in the United States to prove that in a court of law under the rules of evidence, "The proof was woefully inadequate."


Read More

Election Officials Have Been Preparing for AI Cyberattacks

People voting at a polling station

Brett Carlsen/Getty

Election Officials Have Been Preparing for AI Cyberattacks

Since ChatGPT and other generative artificial intelligence systems first became widely available, the Brennan Center and other experts have warned that this technology may lead to more cyberattacks on elections and other critical infrastructure. Reports that Anthropic’s new AI model, Claude Mythos, can pinpoint software vulnerabilities that even the most experienced human experts would miss underline the urgency of those risks. Fortunately, election officials have been preparing for cyberattacks and have made significant progress in securing their systems over the past decade, incorporating improved cybersecurity practices at every step of the election process.

Anthropic claims that its new model can autonomously scan for vulnerabilities in software more effectively than even expert security researchers. If given access to this new model, amateurs would theoretically be capable of identifying and exploiting vulnerabilities in a way that previously only sophisticated actors, such as nation-states, could do. For this reason, Anthropic chose not to release the Mythos model publicly. Instead, under an initiative Anthropic is calling Project Glasswing, it has offered access to Mythos to a number of high-profile tech firms and critical infrastructure operators so that these companies can proactively identify and address vulnerabilities in their own systems. Although Anthropic is currently controlling access to its model to prevent misuse, experts believe it is only a matter of time before tools advertising similar capabilities are broadly available.

Keep ReadingShow less
2026 Brennan Legacy Awards Celebrate Champions of Democracy

Superhero revealing American flag

BrianAJackson/Getty Images

2026 Brennan Legacy Awards Celebrate Champions of Democracy

The founders of our 18th‑century republic were acutely aware of how fragile their experiment in self‑government might prove, and one can easily imagine them welcoming a modern guardian like the Brennan Center for Justice. Within the wide canopy of organizations devoted to defending our democracy, the Center has emerged as a rare and unmistakable jewel.

For over 20 years, the Center has been dedicated to defending our democratic institutions and the rule of law, while protecting our civil liberties in the face of mounting authoritarian winds.

Keep ReadingShow less
Lessons Learned from “Lullabies from the Axis of Evil”

Residents sit amid debris in a residential building that was hit in an airstrike earlier this morning on March 30, 2026 in the west of Tehran, Iran.

(Photo by Majid Saeedi/Getty Images)

Lessons Learned from “Lullabies from the Axis of Evil”

There has been much commentary on the dark side of President Trump’s character and the lack of leadership at other high levels of government. These events and the American president's statements should not go unchallenged. His efforts to dehumanize an opponent and trivialize bombing campaigns as they are part of a video game are unfathomable and inconsistent with most of American history. We must never forget that America is killing people, many innocent civilians, with apparently little remorse.

The war in Iran has brought back a memory from when my son was born nearly 20 years ago. A friend of my wife’s, an anthropologist and college professor, sent us a baby gift. It was a CD of music titled “Lullabies from the Axis of Evil.” The term “Axis of Evil” was first used in President George W. Bush’s 2002 State of the Union speech. He was referring to three countries that make up the axis: Iraq, Iran, and North Korea. Putting aside, for the moment, our complicated relationship with those three countries, the lullabies CD reminds us that, despite our geopolitical differences, these countries are home to human beings. They work, love, eat, drink, and practice religion as we do – and they sing lullabies to their babies.

Keep ReadingShow less
Beyond the Politics: The Human Cost Behind the Israel–Iran Conflict

An Israeli and US flag is seen near the border with Southern Lebanon, as seen from a position on the Israeli side of the border on April 29, 2026 in Northern Israel, Israel.

(Photo by Amir Levy/Getty Images)