The Kansas Supreme Court heard arguments today (TUE) on whether Democrat Chad Taylor should be removed from the ballot as a candidate for U.S. Senate. Taylor was represented by attorney Pedro Irigonegaray (IR-ih-GONE-uh-GUR-eye). He says Taylor complied with the law and his name should be removed from the ballot. He says Secretary of State Kris Kobach did not have the authority to reject Taylor’s letter withdrawing from the race.
“Had the Legislature wanted to delegate that power to the secretary of state, it could have easily done so,” says Irigonegaray.
But Kobach’s attorney, Edward Greim ("grime"), told justices that Kobach does have discretion to decide if a letter to withdraw meets the legal requirements. Greim says Taylor’s letter doesn’t specifically declare that he’s incapable of serving, which is required under the law.
“You’ve got to make a declaration and you’ve got to declare a fact. That word ‘declare’ is important. It doesn’t just say ‘someone who believes they are incapable,’” says Greim.
Justices are expected to rule quickly on the issue. Ballot printing is scheduled to begin later this week.