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Kris Kobach moves to shift Chad Taylor ballot lawsuit from Kansas Supreme Court
The Wichita Eagle ^ | September 11, 2014 | John Hanna

Posted on 09/11/2014 7:59:47 AM PDT by centurion316

The legal battle over Democrats’ efforts to get their nominee off the ballot in the U.S. Senate race in Kansas heated up Wednesday, with a prominent party attorney from Washington helping and Republican Secretary of State Kris Kobach moving again to thwart the attempt.

Some Democrats last week nudged nominee Chad Taylor out of the race with three-term Republican Sen. Pat Roberts, but Kobach has refused to remove Taylor’s name from the Nov. 4 ballot. Kobach, a conservative Republican who’s backing Roberts, said Taylor failed to comply with a state election law that limits when party nominees can withdraw.

Taylor filed a petition Tuesday with the Kansas Supreme Court, hoping to force Kobach to remove his name from the ballot. Kobach filed a notice Wednesday questioning whether the case should be heard in district court instead but also asking the justices to force Democrats to pick a new nominee if the high court sides with Taylor.

Meanwhile, one of Taylor’s attorneys ...asked the Supreme Court to allow an out-of-state attorney, Marc Elias, to participate in the case. Elias is a partner in a Washington law firm that represents Democratic candidates across the nation ...

Taylor’s departure from the race was seen as improving the chances for independent candidate Greg Orman to defeat Roberts and potentially blocking the national GOP’s ambitions to capture control of the Senate. Republicans have counted on the 78-year-old Roberts being re-elected in a state in which the GOP has won every Senate race since 1932.

The Supreme Court has yet to set a hearing in the case. Kobach urged the justices to act quickly, noting that county election officials must print ballots by Sept. 18 so they can meet a deadline two days later to send them to military personnel overseas.

(Excerpt) Read more at kansas.com ...


TOPICS: Extended News; News/Current Events; Politics/Elections; US: Kansas
KEYWORDS: chadtaylor; election; gregorman; kansas; kobach; kriskobach; marcelias; patroberts; senate
The Democrats are judge shopping. Kathleen Sebelius packed the Kansas Supreme Court when she was Governor. Kobach is doing two things: he's putting this dispute back where it belongs, at the District Court level, and he is calling the Democrats hand by tying in the other part of State Law that says that Democrats must provide a replacement name should their candidate withdraw. Kobach is also putting the courts on notice that time is of the essence. Absent some very swift judicial action, I believe that Kobach will have the ballots printed with Tayor's name on them and he will meet the deadline for mailing to the troops.

This whole scheme only works if the Democrat line on the ballot for Senate is blank.

1 posted on 09/11/2014 7:59:47 AM PDT by centurion316
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To: centurion316

There is no one better than Kris Kobach to have on our side.


2 posted on 09/11/2014 8:06:06 AM PDT by kabar
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To: kabar

I’m not sure that these slick out of town lawyers have any idea who they are up against.

For all the legal wonks out there, here is the actual filing made by Kobach yesterday. He is doing exactly what I learned in my experience with Kansas courts up to the Court of Appeals level: he is laying out in very clear language within the four corners of the document what the court must do and how they must proceed.

http://www.scribd.com/doc/239353264/Kobach-Response-Taylor-Lawsuit


3 posted on 09/11/2014 8:12:44 AM PDT by centurion316
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To: centurion316
This whole scheme only works if the Democrat line on the ballot for Senate is blank.

What would happen if Taylor's name was removed and the party replaced him with Orman. Could Orman combine votes received on the Democrat and Independent lines?

4 posted on 09/11/2014 8:34:20 AM PDT by etcb
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To: centurion316

As you well know, Kris has experience in DC in the AG’s office and has presented a number of cases to SCOTUS on immigration. He won the AZ 2007 e-verify case. I have worked with him on immigration. He is a great guy with impressive credentials.


5 posted on 09/11/2014 8:35:37 AM PDT by kabar
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To: etcb

I imagine they would have to go through the charade of Orman removing his name as an independent....and finding a replacement for him.

And, Orman can only withdraw if he states a reason he is unable to serve....then immediately disputing his own statement by running as a dem.


6 posted on 09/11/2014 8:41:03 AM PDT by lacrew
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To: centurion316

I yelled at my tv set, when the local news readers reported on this. The gist was Kobach was refusing to remove Taylor’s name.

They could have reported that Taylor did not meet the requirements of the statute - but they didn’t. They didn’t even report that, in Kobach’s opinion, the statute wasn’t met.

Instead they made it sound like Kobach was just being an obstructionist.


7 posted on 09/11/2014 8:43:43 AM PDT by lacrew
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To: etcb
What would happen if Taylor's name was removed and the party replaced him with Orman. Could Orman combine votes received on the Democrat and Independent lines?

Then Kobach would probably remove his name from the ballot as an independent and list him as a Democrat, which he is anyway. The statute refers only to names being removed not affiliations.

8 posted on 09/11/2014 8:52:52 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: etcb

That’s the stealth plan, to be announced after the election. The problem with Orman on the Democrat line is that it exposes his fraud and will cause him to lose many of the Republican votes that he has now, naively believing that he’s really an independent.


9 posted on 09/11/2014 8:54:12 AM PDT by centurion316
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To: lacrew; All
I yelled at my tv set, when the local news readers reported on this. The gist was Kobach was refusing to remove Taylor’s name.

They could have reported that Taylor did not meet the requirements of the statute - but they didn’t. They didn’t even report that, in Kobach’s opinion, the statute wasn’t met.

Instead they made it sound like Kobach was just being an obstructionist.

------------------------------

That's understandable, we have such a corrupt local media, that's how we ended up with Sebelius twice, unfortunately.

Greg Orman's shady business dealings and 30 million dollar lawsuit against him have been barely mentioned or played down by the local medias. Breitbart covered the latest on the lawsuit and so far, very little mention of this in the local medias with the judge in the case blasting Orman and his representation.

Federal Judge Berates Kansas Senate Candidate Greg Orman in Boxing Equipment Lawsuit


10 posted on 09/11/2014 11:10:51 AM PDT by Conservative Gato
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To: centurion316

I’m thinking Kobach has that in the bag.


11 posted on 09/11/2014 11:43:33 AM PDT by Svartalfiar
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To: Conservative Gato

You’re right! Almost nothing on the local news about Orman’s lawsuit, getting scolded by the judge, etc.

For those not local, we only have two local choices. There is a CBS affiliate, and the NBC, ABC, and Fox affiliate show the same news broadcast. I have only seen negative Orman stories on their web pages, but not on air.


12 posted on 09/11/2014 12:04:43 PM PDT by lacrew
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To: lacrew

Exactly, the liberals in the media around here know that if this lawsuit and shady business dealings gets covered more, the narrative of Greg Orman being an good businessman, falls apart.

It’s fun though to see them caught in their own web of deceptions because if this story does get out there (thank you messageboards and social media) their regular liberal democrat has already pulled out of the race.

CGato


13 posted on 09/11/2014 12:41:47 PM PDT by Conservative Gato
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To: Conservative Gato

I’m a little worried....Orman is a KC guy. A lot of the Country Club Republicans in JoCo are going to automatically vote for him.

I just hope that both democrats and republicans are so disgusted in this devil’s deal, that they vote the right way.

If I were a dem voter, who took an hour off of work to go vote in a primary election, I would be extremely ticked that Taylor bowed out. Goes double if I had campaigned for Taylor, gathered signatures, etc. We’ll see how much the dems let themselves be abused I guess.


14 posted on 09/11/2014 2:12:43 PM PDT by lacrew
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