Kobach's Lawyer Beat Up By Kansas Supreme Court In US Senate Race Case

[big_dog]

Source: Talking Points Memo-1 hour ago

Kansas Secretary of State Kris Kobach's refusal to remove Democratic Senate nominee Chad Taylor from the ballot came under harsh scrutiny Tuesday from the Kansas Supreme Court, with some of the justices openly wondering whether the Republican official was arbitrarily applying the law.

At stake is whether Taylor, who attempted to withdraw earlier this month, will have his name appear on the ballot in November. That decision could swing the race between independent candidate Greg Orman and Republican incumbent Sen. Pat Roberts -- which could in turn decide which party controls the Senate next year.

The case hinges on whether Taylor adequately declared that he was "incapable" of serving if elected, as required by state law, and what discretion Kobach has to accept or refuse Taylor's attempted declaration.

Much of the oral arguments focused on a trove of previous withdrawal letters filed by Kobach's lawyers the day before the hearing. A number of the letters, some of which were accepted by the secretary's office, seemed to be largely in line with the letter filed by Taylor earlier this month. Some of them also had not been properly notarized, though they were still accepted by Kobach's office. The resulting questioning centered on how much discretion Kobach has in applying the law.

Read more: http://talkingpointsmemo.com/dc/kansas-senate-supreme-court-hearing

[Jack Rabbit]

1. It sounds like someone took a beating today and his name is . . .

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[big_dog]

2. now its really gonna get crazy (if they do as predicted and Taylor is off the ballot)

some of the bloggers at Kos & TPM say the Kansas Democrats may be forced to have a state party convention by Saturday to put another nominee on the ballot

[Jack Rabbit]

3. So what happens if they meet and can't agree on a candidate?

Or if they meet and nominate Orman?

[big_dog]

4. I guess it would be up to the Kansas Democratic party chairperson

used to be former Topeka Mayor Joan Wagnon

[Jack Rabbit]

5. What if he decides to nominate Orman?

Or what if, like a typical politician, he can't agree with himself?

[big_dog]

6. this may end up deciding balance of power in the US Senate

the safest thing would be to endorse Orman and at the same time convince him to caucus with the Democratic Party. (perhaps put a placeholder like Joan Wagnon in Taylor's stead on the ballot?)

[progressoid]

9. Orman is beating Roberts in the polls right?

Since it seems unlikely Dems could mount a reasonable campaign at this stage in the game, siding with Orman would be a good idea.

[big_dog]

10. Orman has been leading 41-34 according to huffpo

http://www.huffingtonpost.com/2014/09/16/pat-roberts-poll_n_5828408.html

[Iliyah]

7. Has a decision been made by KSC?

Also, with the unfounded denial from Koch's I mean Kobach, wouldn't the KSC allow more time for the Dems to select another candidate although in my opinion they may just throw in the towel.

[big_dog]

8. most of the live bloggers say a decision is coming this afternoon

because the ballots have to be printed starting Saturday

[1StrongBlackMan]

11. Come on your Honor ...

you can say it ...

It seems pretty loosey goosey. What are we to do with that?" Justice Dan Biles said to Kobach's lawyer Ed Greim. "It seems like the legislature put some requirements in the statute, and you guys are deciding whether you want comply or not on an ad hoc basis almost absolutely Partisan agenda-driven basis."

[Sienna86]

12. Rachel Maddow will cover tonight

I'm guessing some of those judges graduated from KU in Lawrence.