Court rules Kansas can stop activist groups from circulating prefilled mail ballot applications
ALEXANDRIA, VA — The U.S. Court of Appeals for the Tenth Circuit ruled Wednesday that Kansas can stop third-party organizations from sending voters prefilled applications for mail ballots, reversing a lower court decision.
The Public Interest Legal Foundation (PILF) filed an amicus brief supporting the Kansas law, arguing that states have a legitimate interest in preventing voter confusion and protecting election integrity.
VoteAmerica v. Schwab arose after two voter engagement organizations challenged a 2021 law prohibiting third-parties from partially completing mail ballot applications before sending them to registered voters.
During the 2020 Election, the Voter Participation Center mailed approximately 510,000 ballot applications to Kansas voters. An estimated 15,000 of those contained inaccurate information, creating confusion among voters and additional work for local officials.
The federal appellate court concluded that Kansas’s prohibition against sending partially completed mail ballots serves legitimate state interests and does not violate the First Amendment.
“Kansas election officials should not have to spend valuable time correcting inaccurate ballot applications mailed by outside activist groups,” said J. Christian Adams, President of the Public Interest Legal Foundation. “This ruling affirms that states have the constitutional authority to enact safeguards that protect voters and ensure elections are administered efficiently.”
The name of the case is VoteAmerica v. Schwab, No. 25-3138, U.S. Court of Appeals for the Tenth Circuit. You can read PILF’s brief here.
The Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.
###