Filed Date: April 30, 2010
Closed Date: April 27, 2011
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This is a case about allegations that Kansas election laws discriminated against unrecognized political parties representing minority views.
On April 30, 2010, The Kansas Constitution Party filed this lawsuit in The United States District Court for the District of Kansas. The plaintiff sued Chris Biggs, in his official capacity as Secretary of State of Kansas, under 42 U.S.C. § 1983. The case was assigned to Senior Judge Sam A. Crow. Represented by private counsel, the plaintiffs sought a declaratory judgment, permanent injunctive relief, costs and disbursements, and equitable relief deemed just and proper. As to count 1, they claimed that failure to track political party of voters affiliated with unrecognized parties limits the speech, associational, and voting rights of supporters of unrecognized political parties. As to count 2, they claimed that the residency requirement for ballot recognition petitions severely limits the speech, associational, and voting rights of supporters of unrecognized political parties.
As to count II, the parties jointly filed a memorandum in support of a stipulated order for declaring that the portions of Kansas law that restricts Kansas residents from using non-residents to circulate ballot access or recognition is unconstitutional in violation of the First amendment. The Court permanently enjoined the defendant from enforcing the phrase "that such circulator is a resident of the state of Kansas and has the qualifications of an elector in Kansas" to the extent the statute prohibits non-residents from circulating petitions within the state based on their state residence.
As to count I, both parties moved for summary judgment. The Court used a flexible balancing test to weigh the severity of the burdens placed on the plaintiff's asserted rights and evaluate the state's interests in the challenged provisions. Plaintiff alleged that the state hinders the marketplace of ideas by compiling information about only the major political parties, essentially subsidizing major parties over minor parties. Plaintiff also argued that by tracking party affiliation lists of voters affiliated with recognized parties and then supplying these lists to major parties, unrecognized parties and their members were severely burdened since a political party's ability to communicate with party members is a valuable resource in organizing campaigns, enlisting workers, and fundraising. State interest include the duty to avoid voter confusion, deception, and other frustrations of the democratic process. Though plaintiff suggested that the state could add an "other" line to write in an unaffiliated political party for tracking purposes, the Court found that this presented a concern for clarity of voter registration and an administrative burden on the state. On April 27, 2011, the Court denied the plaintiff's motion for summary judgment and granted the defendant's motion for summary judgment.
On May 26, 2011, plaintiff appealed to the United States Court of Appeals, Tenth Circuit. The decision was affirmed on September 8, 2012. The case closed in 2012.
Summary Authors
Kylie Palmer (7/27/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4267685/parties/constitution-party-of-kansas-v-biggs/
Crow, Sam A. (Kansas)
Cline, Richard Allen (Kansas)
Fleming, Tyson L (Kansas)
Haugaard, Steven G. (Kansas)
Meyer, Mark E. (Kansas)
See docket on RECAP: https://www.courtlistener.com/docket/4267685/constitution-party-of-kansas-v-biggs/
Last updated Jan. 29, 2026, 1:51 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: April 30, 2010
Closing Date: April 27, 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Kansas Constitution Party (“Constitution Party”) is a political affiliation of like-minded individuals who actively promote in the state of Kansas their political views and support their chosen candidates for state and national elected offices. The Constitution Party is not a recognized political party in the state of Kansas. The Constitution Party is officially recognized as a political action committee by the state of Kansas.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of State of Kansas, State
Facility Type(s):
Case Details
Causes of Action:
Other Dockets:
District of Kansas 5:10-cv-04043
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Voting: