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CONSTITUTION PARTY OF KANSAS v. KOBACH

No. 11-3152.

695 F.3d 1140 (2012)

CONSTITUTION PARTY OF KANSAS; Curt Engelbrecht; and Mark Pickens, Plaintiffs-Appellants, v. Kris W. KOBACH, in his official capacity as Secretary of State of Kansas, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 18, 2012.

Attorney(s) appearing for the Case

Daniel J. Treuden of the Bernhoft Law Firm, S.C., Milwaukee, WI, for Plaintiffs-Appellants.

Kris Kobach , Secretary of State of Kansas ( Ryan A. Kriegshauser , Deputy Secretary of State, with him on the brief), Topeka, KS, for Defendant-Appellee.

Before BRISCOE, Chief Judge, EBEL, and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

The Constitution Party of Kansas, Curt Engelbrecht, and Mark Pickens sued the Secretary of State of Kansas, now Kris Kobach (hereinafter, the "Secretary"), in his official capacity, alleging that their First and Fourteenth Amendment rights are violated by the Secretary's refusal, consistent with Kansas law, to keep track of Kansas voters' affiliation with the Constitution Party because the Constitution Party is not a recognized political party...

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