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LEAGUE OF WOMEN VOTERS OF KANSAS v. SCHWAB

No. 124,378.

539 P.3d 1022 (2023)

LEAGUE OF WOMEN VOTERS OF KANSAS, Loud Light, Kansas Appleseed Center for Law and Justice, Inc., and Topeka Independent Living Resource Center, Appellants, v. Scott SCHWAB, in His Official Capacity as Kansas Secretary of State, and Kris W. Kobach, in His Official Capacity as Kansas Attorney General, Appellees.

Supreme Court of Kansas.

Opinion Filed December 15, 2023.

Attorney(s) appearing for the Case

Elisabeth C. Frost , pro hac vice, of Elias Law Group LLP, of Washington, D.C., argued the cause, and Henry J. Brewster , pro hac vice, Tyler L. Bishop , pro hac vice, Justin Baxenberg , pro hac vice, Mollie A. DiBrell , pro hac vice, Richard A. Medina , pro hac vice, Marisa O'Gara , pro hac vice, and Spencer M. McCandless , pro hac vice, of the same firm, David Anstaett , pro hac vice, of Perkins Coie LLP, of Madison, Wisconsin, and Pedro L. Irigonegaray , Jason Zavadil , Nicole Revenaugh , and J. Bo Turney , of Irigonegaray, Turney & Revenaugh LLP, of Topeka, were with her on the briefs for appellants.

Bradley J Schlozman , of Hinkle Law Firm LLC, of Wichita, argued the cause, and Scott R. Schillings , of the same firm, Brant M. Laue , former solicitor general, Anthony J. Powell , solicitor general, and Derek Schmidt , former attorney general, and Kris W. Kobach , attorney general, were with him on the briefs for appellees.

The appellants—four non-profit groups aimed at maximizing political engagement in Kansas—sought a temporary injunction against K.S.A. 25-2438(a)(2)-(3), which makes it a severity level 7, nonperson felony to engage in "conduct that gives the appearance of being an election official...

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