Tenth Circuit Upholds Kansas Ban on Third-Party Prefilled Mail Ballot Forms
The 10th U.S. Circuit Court of Appeals affirmed Kansas's prohibition on private groups partially pre-filling mail-ballot applications, ruling the law constitutional.
In VoteAmerica v. Schwab, the 10th Circuit upheld Kansas's statute that forbids private entities from partially pre-filling mail-ballot applications before they reach voters. The panel, led by Judge Timothy Tymkovich and joined by Judges Michael Murphy and Joel Carson, reversed a district court decision that had found the law was enacted to suppress pro-mail-in-voting speech. The appellate court determined the ban is content-neutral, noting Kansas's stated goals of minimizing voter confusion, improving election efficiency, and bolstering confidence in the electoral process.
Under intermediate scrutiny, the court found the restriction narrowly tailored and that ample alternative channels for advocacy remain. Evidence of erroneous prefilled forms causing duplicate submissions and voter frustration supported the state's justification. The decision confirms the law's constitutionality despite claims of disproportionate impact on mail-in voting advocates.
Why it matters
The ruling clarifies how states can regulate third-party election communications without violating free-speech protections.
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