Kobach's Lawyer Beat Up By Kansas Supreme Court In US Senate Race Case [View all]

[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