Case: Constitution Party of Kansas v. Biggs

5:10-cv-04043 | U.S. District Court for the District of Kansas

Filed Date: April 30, 2010

Closed Date: April 27, 2011

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Case Summary

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. Represented by private counsel, the plaintiffs sought a declaratory judgment, permanent injunctive relief, costs…

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. 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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4267685/parties/constitution-party-of-kansas-v-biggs/


Judge(s)

Crow, Sam A. (Kansas)

Attorney for Plaintiff

Cline, Richard Allen (Kansas)

Fleming, Tyson L (Kansas)

Haugaard, Steven G. (Kansas)

Meyer, Mark E. (Kansas)

Attorney for Defendant

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4267685/constitution-party-of-kansas-v-biggs/

Last updated March 7, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (No Summons Issued) with trial location of Topeka, filed by Constitution Party of Kansas, Curt Engelbrecht, and Mark Pickens. Attachments: # 1 Exhibit A)(bl) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

Clearinghouse
2

CIVIL COVER SHEET re 1 Complaint. (bl) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
3

DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, and Mark Pickens - trial to be held in Topeka. (bl) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
4

MOTION for attorney Daniel J. Treuden to appear pro hac vice by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, and Mark Pickens (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(bl) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
5

ORDER granting 4 Motion to Appear Pro Hac Vice. Daniel J. Treuden for the plaintiffs. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge K. Gary Sebelius on 5/4/10. (bh) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER
6

CLERKS ORDER EXTENDING TIME until June 21, 2010 for Defendant Chris Biggs to answer or otherwise plead. Signed by deputy clerk on May 18, 2010.(bl) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

PACER
7

ANSWER to 1 Complaint by Chris Biggs.(Phillips, Stephen) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
8

Joint MOTION for Leave to file Proposed Order and Judgment as to Count II by Defendant Chris Biggs(Phillips, Stephen) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
9

ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/28/2010 at 3:00 PM by telephone before Magistrate Judge K. Gary Sebelius. Report of Parties' Planning Meeting deadline 7/21/2010. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 6/28/10. (bh) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
10

NOTICE OF HEARING: Telephone Conference regarding Dk. 8 set for 7/6/2010 at 11:00 AM before U.S. District Senior Judge Sam A. Crow. Court to initiate the call. See attached for more details. (bmw) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

PACER
12

MINUTE SHEET for proceedings held before U.S. District Senior Judge Sam A. Crow on 7/6/2010 regarding 8 . See attached for more details. (Court Reporter Amy Simons, Nora Lyon & Assoc.) (bmw) (Entered: 07/07/2010)

July 6, 2010

July 6, 2010

RECAP
11

MOTION to Continue Scheduling Conference by Defendant Chris Biggs(Phillips, Stephen) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
13

ORDER granting 11 Motion to Continue. Scheduling Conference reset for 9/1/2010 at 2:30 PM by telephone before Magistrate Judge K. Gary Sebelius. Report of parties' planning meeting due 8/25/10. Signed by Magistrate Judge K. Gary Sebelius on 7/8/10. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
14

MEMORANDUM IN SUPPORT of 8 Joint MOTION for Leave to file Proposed Order and Judgment as to Count II by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens(Meyer, Mark) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
15

STIPULATED ORDER AND JUDGMENT AS TO COUNT II. Court grants 8 Joint Stipulated Motion for Stipulated Order and Judgment as to Count II. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 8/13/10. (bmw) (Entered: 08/13/2010)

Aug. 13, 2010

Aug. 13, 2010

Clearinghouse
16

Joint MOTION to Continue Deadline to File Bill of Costs and Motion for Attorneys Fees by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens(Meyer, Mark) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
17

MINUTE ENTRY for proceedings held before Magistrate Judge K. Gary Sebelius: SCHEDULING CONFERENCE held on 9/1/2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
18

SCHEDULING ORDER: All summary judgment motions shall be filed by November 1, 2010. The response brief shall be filed by December 1, 2010, and the reply brief, if any, shall be field by December 16, 2010. Signed by Magistrate Judge K. Gary Sebelius on 9/1/10. (bh) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
19

AGREED ORDER granting 16 Motion to continue the deadlines fo file the Bill of Costs and Motion for Attorneys Fees related to the judgment issued as to Count II on 8/13/2010 15 . The new deadlines shall coincide with the deadlines created by the disposition of Count I as if both judgments were entered together. Signed by U.S. District Senior Judge Sam A. Crow on 9/2/10. (bmw) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
20

STATEMENT Joint Statement of Facts by Plaintiff Constitution Party of Kansas. (Meyer, Mark) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
21

MOTION for Summary Judgment by Defendant Chris Biggs,(Phillips, Stephen) Modified to remove party filer "plaintiff, Constitution Party of Kansas" on 11/3/2010 (bt). (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
22

MEMORANDUM IN SUPPORT of 21 MOTION for Summary Judgment by Defendant Chris Biggs, (Phillips, Stephen) Modified to remove party filer "Plaintiff Constitution Party of Kansas" on 11/3/2010 (bt). (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
23

MOTION for Summary Judgment by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens(Meyer, Mark) (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
24

MEMORANDUM IN SUPPORT of 23 MOTION for Summary Judgment by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens(Meyer, Mark) (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
25

RESPONSE by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens re 21 MOTION for Summary Judgment (Meyer, Mark) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
26

RESPONSE by Defendant Chris Biggs re 23 MOTION for Summary Judgment (Phillips, Stephen) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
27

CERTIFICATE OF SERVICE of Reply to Summary Judgment Motion by Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens re 25 Response to Motion. (Meyer, Mark) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

PACER
28

REPLY to Response to Motion by Defendant Chris Biggs re: 23 MOTION for Summary Judgment (Phillips, Stephen) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
29

REPLY to Response to Motion by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens re: 21 MOTION for Summary Judgment (Meyer, Mark) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
30

MEMORANDUM AND ORDER. The plaintiffs motion for summary judgment (Dk. 23) is denied and the defendants motion for summary judgment (Dk. 21) is granted. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 4/27/2011. (bmw) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

Clearinghouse
31

JUDGMENT. Pursuant to the Memorandum and Order (Dk. 30) filed April 27, 2011, the plaintiffs motion for summary judgment as to Count I (Dk. 23) is denied and the defendants motion for summary judgment as to Count I (Dk. 21) is granted. The plaintiff take nothing on Count I and that the action is dismissed on the merits on Count I. The defendant, Cris Biggs, in his official capacity as Secretary of State of Kansas, shall recover of the plaintiffs, Constitution Party of Kansas, Curt Engelbrecht, and Mary Pickens, its costs of action related to Count I. Terminating Case. Signed by U.S. District Senior Judge Sam A. Crow on 4/27/2011. (SEE ALSO DK. 15 Stipulated Order and Judgment as to Count II filed on 8/13/2010 in this matter.) (bmw) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

Clearinghouse
32

WITHDRAWAL OF COUNSEL by Mark E. Meyer and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Andrew C. Schendel on behalf of All Plaintiffs (Schendel, Andrew) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
33

Joint MOTION for extension of time To File Bill of Costs and Motion for Attorney's Fees by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, Mark Pickens(Schendel, Andrew) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
34

NOTICE OF APPEAL as to 31 Judgment, by Plaintiffs Constitution Party of Kansas, Curt Engelbrecht, and Mark Pickens. Filing fee $455, Internet Payment Receipt Number 1083-2053853. (Schendel, Andrew) Modified on 5/31/2011 (ms). (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
35

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 34 Notice of Appeal (Attachments: # 1 Preliminary Record). (ms) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

Clearinghouse
36

APPEAL DOCKETED in 10CCA on 5/27/11 and assigned Appeal No. 11-3152 re 34 Notice of Appeal filed by Curt Engelbrecht, Constitution Party of Kansas, and Mark Pickens. (ms) (Entered: 05/31/2011)

May 27, 2011

May 27, 2011

PACER
37

ORDER granting 33 Joint Motion for Extension of Time to File Bill of Costs and Motion for Attorneys' Fees until June 27, 2011. Entered by U.S. District Senior Judge Sam A. Crow on 6/7/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bmw) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Election/Voting Rights

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):

Private Plaintiff

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):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2010 - None

Issues

Voting:

Election administration

Voting: General & Misc.