The Tenth Circuit has upheld a Kansas law that bars private parties from partially prefilling voters' mail-ballot applications before those applications are sent out. The ruling reverses a district court decision that had found the restriction was an unconstitutional attempt to suppress speech supporting mail-in voting. VoteAmerica and the Voter Participation Center had sued, arguing the law violated their First Amendment rights.
Writing for a three-judge panel, Judge Timothy Tymkovich said the district court improperly inferred an illegitimate purpose from the national political debate over mail-in voting. The panel noted that the law's text, enactment history, and stated justifications showed no viewpoint-discriminatory intent. It also rejected the argument that the law's disproportionate effect on pro-mail-in-voting groups was enough to prove an improper purpose.
Applying intermediate scrutiny, the court found the law serves significant government interests: minimizing voter confusion, improving election administration efficiency, and fostering confidence in the electoral process. Kansas pointed to evidence of confused voters, duplicate applications, and administrative burdens caused by erroneous prefilled forms. The panel concluded the restriction is adequately tailored and leaves open ample alternative channels of communication, making it constitutional.