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Update: Kansas teen jailed after crash, fire at Sam’s Club

SHAWNEE COUNTY — Law enforcement authorities are investigating a suspect following a hit and run crash and fire and have made an arrest.

Jacob Bosh -photo Shawnee County

Just before 7p.m. Monday, police were called to Sam’s Club located 1401 SW Wanamaker in Topeka for a report of a motor vehicle accident and fire, according to Lt. Aaron Jones.

Officers discovered a vehicle fully engulfed in flames on the back side of the building. The vehicle apparently struck the electrical service to the building. A fire resulted from the impact, causing a power outage affecting the entire building. The vehicle did not penetrate the building. Authorities evacuated shoppers from the business as a precaution.

Witnesses guided officers  to a man running east from the accident scene. Officers located the driver of the vehicle identified as 19-year-old Jacob Orlando Eugene Bosch  at the Days Inn in the 1500 block of SW Wanamaker, according to Jones.

After an investigation, police arrested Bosh and he is being held without bond on requested charges that include DUI, reckless driving, speeding, operating a vehicle without registration or tags expired, driving while license suspended and possession of drugs, according to a statement from Topeka Police.

View of the Monday night fire at Sams Club in Topeka photo courtesy WIBW TV

According to Jones, “The public deserves credit for the apprehension of the suspect in this case.  Sam’s Club remained closed Tuesday, without power.

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SHAWNEE COUNTY — Law enforcement authorities are investigating a suspect following a hit and run crash and fire.

Just before 7p.m. Monday, police were called to Sam’s Club located 1401 SW Wanamaker in Topeka for a report of a motor vehicle accident and fire, according to Lt. Aaron Jones.

Officers discovered a vehicle fully engulfed in flames on the back side of the building. The vehicle apparently struck the electrical service to the building. A fire resulted from the impact, causing a power outage affecting the entire building. The vehicle did not penetrate the building. Authorities evacuated shoppers from the business as a precaution.

Witnesses guided officers  to a man running east from the accident scene. Officers located the driver of the vehicle at the Days Inn in the 1500 block of SW Wanamaker, according to Jones.

First responders at the crash scene Monday night at Sams Club photo courtesy WIBW TV

Police have not released his name as they work to determine what caused the crash.

According to Jones, “The public deserves credit for the apprehension of the suspect in this case. The Shawnee County Emergency Communications Center was inundated with calls from the public that helped locate this driver. Sam’s Club was temporarily closed, without power.

The Latest: Man who escaped Missouri jail, Oklahoma patrol car captured

SEDALIA, Mo. (AP) — A kidnapping suspect who escaped from a Missouri jail and an Oklahoma patrol car was arrested Tuesday back in Missouri after being on the run for nine days.

Davis-photo Pettis Co.

Authorities said Travis Lee Davis, 30, was found in the early morning trying to hide in the attic space of a garage after a call from a citizen who believed Davis was in there.

Sedalia Police Chief Matt Wirt said that Davis tried to escape before he was arrested.

“He tried to get away from the officers through going over the rafters, but officers were able to grab him when he got over by a wall and quickly handcuff him,” Wirt said. “We didn’t give him the opportunity to run, to fight, and got him into custody quickly.”

Davis claimed he had a medical issue after being discovered and was transported by ambulance to the Bothwell Regional Health Center where he was found fit for confinement, according to a news release. Officers then took him to the Pettis County Jail, where Sedalia officers had brought him five weeks ago after a hostage situation in Buckner Court.

Davis had been the subject of a two-state manhunt since escaping from the Pettis County Jail in Sedalia on March 9.

He was recaptured four days later in Heavener, Oklahoma. But police said he was able to escape from a patrol car by crawling into the front seat while handcuffed. He drove the car about 1.5 miles (2.4 kilometers) before crashing.

Police suspect he later stole a pickup truck and drove back to Missouri.

Davis is now in isolation at the Pettis County Jail, Bond said

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SEDALIA, Mo. (AP) — Authorities say a kidnapping suspect who escaped from a Missouri jail and an Oklahoma patrol car has been arrested after returning to Missouri.

Travis Lee Davis, 30, was found early Tuesday trying to hide in the attic space of a detached garage. Sedalia Police Chief Matt Wirt says he tried to escape before he was arrested.

Davis has been missing from Sedalia since escaping from the Pettis County Jail on March 9.

He was recaptured last Wednesday in Heavener, Oklahoma. But police say he was able to escape from a patrol car by crawling into the front seat while handcuffed. He drove the car about 1.5 miles (2.4 kilometers) before crashing.

Police suspect he later stole a pickup truck and drove back to Missouri.

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HEAVENER, Okla. (AP) — Authorities say a kidnapping suspect who escaped from a Missouri jail and then from an Oklahoma police car apparently stole a pickup truck and returned to Missouri.

The truck was found Sunday in Pettis County, Missouri. That’s where 30-year-old Travis Lee Davis broke out of jail just more than a week earlier. The sheriff’s office says the truck had been stolen Friday from a home near Heavener, Oklahoma, where Davis apparently stayed in a camper after his second escape.

Police say that escape happened Wednesday when he crawled from the back seat of a patrol car and into the front while handcuffed. Davis then drove the car about 1.5 miles  before crashing into a tree.

A search is underway. Authorities say Davis should be considered armed and dangerous.

Supreme Court rules against immigrants in detention cases

WASHINGTON (AP) — A divided Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences.

photo courtesy Department of Homeland Security

The issue in the case before the justices had to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government it must arrest those people when they are released from custody and then hold them while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. In the case before the Supreme Court, a group of mostly green card holders argued that unless they’re picked up essentially within a day of being released, they should be entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge were to agree, they would not have to remain in custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.

But the Supreme Court disagreed with the immigrants’ interpretation of federal law in a 5-4 ruling that divided the court along ideological lines. Looking at a statutory provision enacted by Congress in 1996, Justice Samuel Alito wrote that “neither the statute’s text nor its structure” supported the immigrants’ argument. The court’s conservative justices sided with the Trump administration. The administration argued, as the Obama administration did, that those affected by the law aren’t entitled to a hearing where they can argue for their release, regardless of whether they are arrested immediately after being released from custody or not.

Department of Justice spokeswoman Kerri Kupec said the administration was “pleased with the decision.”

Justice Stephen Breyer, in a dissent he read aloud in court, said that the larger importance of the case has to do with the power his colleagues’ ruling gives the government.

“It is a power to detain persons who have committed a minor crime many years before. And it is a power to hold those persons, perhaps for many months, without any opportunity to obtain bail,” Breyer said.

He wrote that in his view the law requires immigrants who have committed crimes to be detained “within a reasonable time after their release” from custody, “presumptively no more than six months.” If the person is not detained within that time, they should get a hearing where they can argue for their release, Breyer wrote.

The American Civil Liberties Union represented the immigrants in the case before the Supreme Court. ACLU attorney Cecillia Wang, who argued the case, said after the decision that the ACLU will call on Congress to clarify the law and will continue to pursue options in court.

Tuesday’s ruling was based on the text of the statute, and Wang said the ACLU will argue that the statute, as interpreted by the justices, is unconstitutional. Wang also called the decision an “extreme waste of taxpayer money,” saying it locks up individuals who are not a danger to the community.

The case before the justices involved a class-action lawsuit brought by noncitizens in California and a similar class-action lawsuit brought in the state of Washington. In those cases, the U.S. Court of Appeals for the 9th Circuit sided with the immigrants, but other appeals courts had sided with the government in similar cases.

One of the lead plaintiffs involved in the California case, Mony Preap, has been a lawful permanent resident of the United States since 1981 and has two convictions for possession of marijuana. He was released from prison in 2006 but was not taken into immigration custody until 2013. Preap has since won his deportation case, allowing him to remain in the country.

The case is 16-1363 Nielsen v. Preap.

Ex-priest’s medical licenses become inactive in Missouri, Kansas

KANSAS CITY,  Kan. (AP) — Records show a former Kansas City priest no longer has valid licenses to practice medicine in Kansas and Missouri after being defrocked last year following an investigation into multiple allegations of child sexual abuse.

John Wisner’s medical licenses to practice as a psychiatrist remained activefor months after the Archdiocese of Kansas City removed himfrom the clergy over credible allegations that he abused three minors decades ago.

Kansas registration records now list Wisner’s license as inactive, while Missouri’s professional registration agency says Wisner’s license has lapsed because it wasn’t renewed.

Kansas State Board of Healing Arts official Kathleen Selzler Lippert declined to say whether Wisner’s license had been revoked. The board’s website doesn’t show disciplinary records involving Wisner.

The Missouri agency’s spokeswoman, Lori Croy, says Wisner’s license wasn’t revoked.

Update: Tweets doom judge, Governor withdraws nomination of Jeffry Jack

TOPEKA — Governor Laura Kelly has withdrawn Jeffry Jack’s nomination to the Kansas Court of Appeals.

In light of the information that has surfaced regarding Judge Jeffry Jack’s social media presence, Governor Laura Kelly is withdrawing his name from consideration for the Kansas Court of Appeals vacancy. Jack, at the request of Governor Kelly, submitted a letter last night removing his name from consideration, according to a media release from the governor’s office.

Kelly had nominated Jack March 15

“I’m surprised and disappointed that a sitting judge would engage in this type of rhetoric,” Kelly said. “It’s unacceptable for a sitting judge, who must be seen as unbiased and impartial, to post personal political views on social media.”

The Governor’s Nominating Committee forwarded three names for consideration on February 1. The finalists were interviewed and their legal background and work history vetted by the committee. Additionally, the Kansas Bureau of Investigation conducted background investigations on the finalists.

“It’s clear that despite a thorough review and investigation, this was missed,” Kelly said. “In fairness to all the applicants, I ask that the nominating committee thoroughly review all applicants again – including social media activity – and send me additional names for consideration. Once this is done and background checks are complete, I will then submit a new nominee to the Kansas Senate for review and confirmation, prior to the end of the legislative session.”

Due to recent problems with state employees and judicial nominees posting inflammatory comments on Twitter, the governor believes further review is necessary. The two remaining finalists, Sarah Warner and Marcia Wood, will be considered with the additional names following a thorough, follow-up review.

“In an era when we increasingly see Twitter and other social media platforms being used to attack and divide, we can and must do better,” Kelly said. “The last 24-hours is just the latest example of the deterioration of political discourse – on both sides of the aisle. I hope all of those working in the public sphere will join me as I work to change the tone and rhetoric used both online and here in Topeka. Regardless of our political affiliation, we can and must do better.”

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By JOHN HANNA

TOPEKA, Kan. (AP) — Democratic Gov. Laura Kelly’s nomination of a trial judge to Kansas’ second-highest court appeared doomed Monday after two key Republican legislators decried past social media posts criticizing President Donald Trump and expressing support for gun control and abortion rights.

Senate President Susan Wagle predicted that Judge Jeffry Jack’s appointment to the Kansas Court of Appeals will not be confirmed by her GOP-dominated chamber. She and Senate Judiciary Committee Chairman Rick Wilborn said the nomination should be withdrawn.

Even Kelly’s chief spokeswoman, Ashley All, called the tweets and retweets on a Jack’s feed “troubling” and said the governor’s office did not know about them, despite its vetting of potential appeals court nominees. Jack has been a district judge in Labette County in southeast Kansas since 2005 and served before that as a Republican in the Kansas House.

The judge’s Twitter page, showing his picture, includes political retweets with vulgar language, a September 2017 tweet referring to Trump as “Fruit Loops” and another saying, “I am so embarrassed that he is our President.” His postings show support for National Football League players who have kneeled in protest during the national anthem. The last tweet on Jack’s feed appeared to be from October 2017.

“He’s obviously politically biased, and he just isn’t the type of personality that you want on the bench, determining judicial questions,” said Wagle, a Wichita Republican.

All said the governor’s office was looking into Jack’s tweets and retweets. Jack was in court Monday and did not immediately return a telephone message to his office seeking comment.

Kelly picked Jack to replace longtime appeals court Judge Patrick McAnany, who retired the day the Democratic governor took office in January. She said Jack’s legislative experience was an important factor in choosing him over two other finalists and said he would bring qualities including “impartiality” to the bench.

The quickly-emerging problems with Jack’s nomination were particularly embarrassing for Kelly because she took the extra step — not required by law — of appointing a panel of lawyers and non-lawyers to screen applications, interview candidates in public and name three finalists.

Questions about Jack’s social media posts also came a day after the Kansas Department of Transportation said an employee who had used an official Twitter account to criticize Trump no longer worked at the agency.

All said she could not say why the governor’s office did not know about Jack’s feed on Twitter, which still could be viewed online Monday evening.

Some of Jack’s tweets criticized Republican legislators, including Wagle. One July 2017 tweet speculated that Wagle, who is now considering a U.S. Senate bid, might seek higher office and suggested she might be “failing upward.” He described another GOP senator with a vulgar acronym in a June 2017 tweet.

“It just flies in the face of everything you want a sitting judge to be,” said Wilborn, a McPherson Republican. “I would have thought that she (Kelly) would have vetted this candidate a little more closely and the prudent thing for her to do to continue to be credible is to withdraw that nomination.”

Sen. Vic Miller, of Topeka, the top Democrat on the Judiciary Committee, said he found Jack’s social media posts “deeply troubling.”

Asked whether Jack should withdraw as the nominee, Miller said: “If these are genuine, and he asked me for advice, I would advise him to do that.”

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TOPEKA, Kan. (AP) — The Latest on Kansas Gov. Laura Kelly’s nominee to the state Court of Appeals (all times local):

Kansas Senate President Susan Wagle and another key Republican say Democratic Gov. Laura Kelly’s nomination of a trial court judge for the state Court of Appeals should be withdrawn.

Wagle and Senate Judiciary Committee Chairman Rick Wilborn said Monday that they oppose Kelly’s nomination of Labette County District Judge Jeffry Jack. They cited tweets and retweets criticizing President Donald Trump and expressing support for gun control and abortion rights.

Kelly spokeswoman Ashley All called the Twitter posts “troubling” and said the governor’s office is looking into them.

Wagle predicted the GOP-controlled Senate would not confirm Jack.

Jack has been a Labette County district judge since 2005. Kelly nominated him Friday for an open seat on the state’s second-highest court.

Jack did not immediately return a telephone message seeking comment.

___

2:15 p.m.

The Kansas Senate’s top leader says that she will oppose Democratic Gov. Laura Kelly’s nominee to the state Court of Appeals.

Senate President and conservative Wichita Republican Susan Wagle said Monday that nominee Jeffry Jack has a history of “pro-abortion” rhetoric, statements favoring gun control and criticism of President Donald Trump.

Wagle’s staff pointed to Jack’s social media tweets and retweets about gun violence, abortion and Trump. A picture of Jack appears on his Twitter page.

Jack has been a Labette County district judge since 2005. Kelly nominated him Friday for an open seat on the state’s second-highest court, and the appointment must be confirmed by the Senate.

Kelly spokeswoman Ashley All said her office is looking into the matter. Jack did not immediately return a telephone message seeking comment.

Man in his 50s dies in suburban Kansas City house fire

MISSION HILLS, Kan. (AP) — Authorities say a man in his 50s has died in a fire in a suburban Kansas City home. Johnson County Consolidated Fire District No. 2 says the fire broke out early Tuesday in Mission Hills, Kansas. Chief Tony Lopez says the man’s mother was able to escape the blaze and seek help from a neighbor.

Fatal fire in Mission Hills Monday night photo courtesy KCTV

The mother told fire officials that she was in her second floor bedroom when she heard a smoke alarm. When she went downstairs to the main level of the home, she saw her son in the burning living room. She tried to put out the fire using a coat but was forced back by the heat.

The victim’s name wasn’t immediately released. The fire is under investigation.

Light to moderate rain expected today and tonight

Off and on rain will move into the area this morning, and become more steady through the afternoon and evening. Most of the rain will fall north of I-70, where up to 1/2″ is expected, with lesser amounts further south. While this activity is not expected to dramatically worsen the flooding along the Missouri River and neighboring tributaries it will certainly contribute to a slower recession of the water. More rain is expected later this week, into the weekend, which again will slow the recession of waters, but not expected to dramatically aggravate the ongoing flooding. Here’s the 7-day forecast from the National Weather Service:

Today: Showers before 2 p.m., then rain likely, mainly after 5 p.m. High near 49. Light and variable wind becoming east 6 to 11 mph in the morning. Chance of precipitation is 80%. New precipitation amounts between a tenth and quarter of an inch possible.

Tonight: Rain, mainly before 4 a.m. Low around 36. East northeast wind 9 to 13 mph becoming northwest after midnight. Chance of precipitation is 80%. New precipitation amounts between a tenth and quarter of an inch possible.

Wednesday: Mostly cloudy, then gradually becoming sunny, with a high near 54. West wind 9 to 14 mph, with gusts as high as 21 mph.

Wednesday Night: Mostly clear, with a low around 31. North wind 7 to 10 mph.

Thursday: Sunny, with a high near 55. North northwest wind around 7 mph.

Thursday Night: Clear, with a low around 33.

Friday: Sunny, with a high near 62.

Friday Night: Mostly clear, with a low around 39.

Saturday: A chance of rain after 1 p.m. Partly sunny, with a high near 63. Chance of precipitation is 40%.

Saturday Night: A chance of rain. Cloudy, with a low around 46. Chance of precipitation is 50%.

Sunday: Rain likely. Cloudy, with a high near 61. Chance of precipitation is 60%.

Sunday Night: A chance of rain. Mostly cloudy, with a low around 48. Chance of precipitation is 50%.

Monday: A chance of rain. Mostly cloudy, with a high near 62. Chance of precipitation is 40%.

Missouri man airlifted to hospital after rear-end crash

LIVINGSTON COUNTY — One person was injured in an accident just after 2 p.m. Monday in Livingston County.

The Missouri State Highway Patrol reported a 2017 GMC Terrain driven by Mark T. Ramers, 40, Kansas City, was westbound on U.S. 36 at Route D one mile east of Mooresville.

The vehicle rear-ended a semi driven by George F. Roberts IV, 54, Mooresville.
Chillicothe EMS transported Ramers to Hedrick Medical Center and then he was air lifted to St. Luke’s on the Plaza.

Roberts was not wearing a seat belt, according to the MSHP.

Kansas City-Area Coalition Working To Combat Climate Change

KANSAS CITY, Mo. (AP) — A coalition of Kansas City-area leaders is working to reduce the impact of climate change amid reports that the region could be among the hardest hit in the nation.

After an international group of scientists issued a climate report in October, Lindsey Constance, a councilwoman in the suburb of Shawnee, Kansas, teamed up with officials in Roeland Park, Kansas, for a December workshop. The workshop evolved into the Metro KC Climate Action Coalition.

The Weather Channel has ranked Kansas City fifth among 25 U.S. cities most likely to be affected by climate change, potentially facing higher temperatures as well as both extreme drought and heavier rains.

Constance said the concerning reports had her flipping ahead to 2030, when her now-8-year-old daughter will graduate from high school.

“To me it was terrifying to think about the fact that we might not have much of a hopeful future,” she said.

The coalition is preparing to host a Climate Action Summit it hopes will draw up to 1,000 people in September. The coalition is made up of dozens of members from local municipalities, nonprofits and utility companies from both Kansas and Missouri. The group is in part preparing for the inevitable effects of climate change.

Roeland Park Mayor Michael Kelly said the issue requires a regional approach.

Strategies can include planting trees or promoting urban gardens to mitigate heat from asphalt and concrete. Municipalities could urge residents and businesses to consider “green” roofs, solar panels, LED lighting and other energy efficient practices. They could help companies transition to wind energy or other sustainable power.

Leaders also want climate action plans and legislative platforms imploring state and federal leaders to address the issue.

The stakes are high. The Climate Disruption Index study said Kansas City face “heat in the form of urban heat islands and extreme drought. The city will see 20 more days above 90 degrees than its rural counterparts, according to Climate Central, plus more drought in the coming years.”

“While it’s alarming to see KC ranked fifth,” said Kelly, “I also know that KC is up for the challenge.”

Update: Court hears Kan. case to resurrect proof-of-citizenship voting law

SALT LAKE CITY (AP) — Kansas’ solicitor general on Monday called on a federal appeals court to reinstate the state’s law requiring people to provide proof of citizenship before they can register to vote, saying problems with how it was enforced during the three years it was in place are fixable.During a hearing before a three-judge panel of the 10th Circuit Court of Appeals in Salt Lake City in a case with national implications for voting rights, Judge Jerome Holmes questioned attorneys for the state and for plaintiffs who succeeded in getting a lower court to overturn the law, which was in effect from 2013 until 2016. He pointed to evidence that it kept more than 30,000 people from registering to vote even though nearly all of them were citizens.

Solicitor General Toby Crouse said there were problems with the way the law was implemented, but he argued that the state should be able to ensure that ballots are cast legally and called on the court to resurrect the law.

“The rollout is problematic and concerning and should be improved, but that’s not a reason to undermine the law and strike it down as unconstitutional,” he said.

Dale Ho, director of the American Civil Liberties Union’s Voting Rights Project, disagreed. He said cases where people can’t find their birth certificate or afford a new one are inevitable, and the Kansas law contains few fail-safes to ensure citizens can cast a ballot.

“The difficulties of implementing a law like this, which is unique in the country, are baked into the statute,” he said.

The judges didn’t indicate when they might rule.

The legal fight has drawn national attention as Republicans pursue voter ID laws aimed at preventing in-person voter fraud, including by people who are in the country illegally. Many experts say such voter fraud is extremely rare, and critics contend that the Republican-led efforts are actually meant to suppress turnout from groups who tend to back Democrats, including racial minorities and college students.

The law was championed by former Kansas Secretary of State Kris Kobach, who led President Donald Trump’s now-defunct voter fraud commission and was a leading source for Trump’s unsubstantiated claim that millions of immigrants living in the U.S. illegally may have voted in the 2016 election.

Kansas Gov. Laura Kelly, a Democrat, supported the legislation when she was a state senator but opposes resurrecting it. Kobach, who is an attorney, personally defended the statute in the courts while he was secretary of state. Kansas’ Republican attorney general, Derek Schmidt, has taken up its defense during the appeal, saying in an emailed statement that the law was passed by large bipartisan majorities in the Legislature.

“The Legislature is free to repeal the statute if it is no longer favored, but as long as the law requiring documentary proof of citizenship to register to vote remains on the books, we think it, like other duly enacted state laws, deserves a full and vigorous legal defense,” Schmidt said.

Kansas argued in court filings that it has a compelling interest in preventing voter fraud. It contended its proof-of-citizenship requirement is not a significant burden and protects the integrity of elections and the accuracy of voter rolls.

Critics countered that the documentary proof-of-citizenship law was “a disastrous experiment” that damaged the state’s voter rolls, disenfranchised tens of thousands and eroded confidence in the state’s elections.

The National Conference of State Legislatures has counted 35 states that have laws requiring some form of identification at the polls, but the Kansas voter registration statute at issue goes further by requiring people to provide documents such as a birth certificate, U.S. passport or naturalization papers before they can even register to vote. Arizona is the only other state with a similar law in effect, but it is far more lenient and allows people to satisfy it by writing their driver’s license number on the voter registration form. Proof-of-citizenship laws in Alabama and Georgia are not currently being enforced.

Judge Robinson found that between 1999 and 2013 a total of 39 noncitizens living in Kansas successfully registered, mostly due to applicant confusion or administrative error. That is .002 percent of the more than 1.76 million registered voters in Kansas as of Jan. 1, 2013. Eleven of those 39 noncitizens voted.

The registration law took effect in January 2013. In the three years before the appellate court put it on hold, more than 30,732 Kansans were not allowed to register to vote because they did not submit proof of citizenship. That figure represented about 12 percent of voter registration applications.

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SALT LAKE CITY (AP) — A federal appeals court will hear arguments Monday over the constitutionality of a struck-down Kansas statute that had required people to provide documents proving their U.S. citizenship before they could register to vote.In a case with national implications for voting rights, Kansas faces an uphill battle to resurrect the law once championed by former Kansas Secretary of State Kris Kobach , who led President Donald Trump’s now-defunct voter fraud commission.A three-judge panel of the 10th Circuit Court of Appeals temporarily blocked Kobach in 2016 from fully enforcing the law, calling it “a mass denial of a fundamental constitutional right.” The issue is back before the appellate court after U.S. District Judge Julie Robinson struck it down last year and made permanent the earlier injunction.

“Kansas was the tip of the spear of an effort to make it harder for people to register under the guise of protecting elections from a nonexistent epidemic of noncitizen voting. Those efforts haven’t stopped as this case illustrates, and I think this case will be closely watched,” said Dale Ho, director of the American Civil Liberties Union’s Voting Rights Project.

The legal fight has drawn national attention as Republicans pursue voter ID laws they say are aimed at people who are unlawfully in the country. Critics contend such efforts amount to voter suppression that target Democratic-leaning minorities and college students who may not have such documentation.

Kobach, a conservative Republican, was a leading source for Trump’s unsubstantiated claim that millions of immigrants living in the U.S. illegally may have voted in the 2016 election.

Kansas Attorney General Derek Schmidt said in an emailed statement that the statute was enacted by large bipartisan majorities in the Legislature.

“The Legislature is free to repeal the statute if it is no longer favored, but as long as the law requiring documentary proof of citizenship to register to vote remains on the books, we think it, like other duly enacted state laws, deserves a full and vigorous legal defense,” Schmidt said.

Kansas argued in court filings that it has a compelling interest in preventing voter fraud. It contended its proof-of-citizenship requirement is not a significant burden and protects the integrity of elections and the accuracy of voter rolls.

Critics countered that the documentary proof-of-citizenship law was “a disastrous experiment” that damaged the state’s voter rolls, disenfranchised tens of thousands and eroded confidence in the state’s elections.

The National Conference of State Legislatures has counted 35 states that have laws requiring some form of identification at the polls, but the Kansas voter registration statute at issue goes further by requiring people to provide documents such as a birth certificate, U.S. passport or naturalization papers before they can even register to vote. Arizona is the only other state with a similar law in effect, but it is far more lenient and allows people to satisfy it by writing their driver’s license number on the voter registration form. Proof-of-citizenship laws in Alabama and Georgia are not currently being enforced.

Judge Robinson found that between 1999 and 2013 a total of 39 noncitizens living in Kansas successfully registered, mostly due to applicant confusion or administrative error. That is .002 percent of the more than 1.76 million registered voters in Kansas as of Jan. 1, 2013. Eleven of those 39 noncitizens voted.

The registration law took effect in January 2013. In the three years before the appellate court put it on hold, more than 30,732 Kansans were not allowed to register to vote because they did not submit proof of citizenship. That figure represented about 12 percent of voter registration applications.

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