# I pit Kris Kobach

**URL:** <https://boards.straightdope.com/t/i-pit-kris-kobach/697561>\
**Category:** The BBQ Pit\
**Created:** [September 5, 2014, 7:25am UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561 "2014-09-05T07:25:37Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\
**Post date:** [September 5, 2014, 7:25am UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/1 "2014-09-05T07:25:37Z")

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If you were going to nitpick and say the Democratic candidate can’t withdraw because he didn’t certify that he’d be unable to serve, then why didn’t you also declare Pat Roberts ineligible to run because he doesn’t live in Kansas?

This was a partisan decision through and through and a mockery of the sacred trust of Kobach’s office, which exists primarily to keep the election process fair. Instead, Kobach goes down in history with the likes of Katherine Harris. Hopefully his career ends here. Harris’ went on an extra act too long.

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**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\
**Post date:** [September 5, 2014, 10:55am UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/2 "2014-09-05T10:55:07Z")

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OMG! This is absolu…ZZZzzzzzzzzz

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**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\
**Post date:** [September 5, 2014, 11:44am UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/3 "2014-09-05T11:44:03Z")

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Got any links? Just in case someone wants to know what you’re on about?

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**Author:** ![Smeghead](https://avatars.discourse-cdn.com/v4/letter/s/f1d935/32.png) [@Smeghead](https://boards.straightdope.com/u/Smeghead)\
**Post date:** [September 5, 2014, 12:07pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/4 "2014-09-05T12:07:54Z")

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I have no idea who any of these people are or what they did, but I’m guessing the OP is largely wrong.

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**Author:** ![not\_what\_you\_d\_expect](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/not_what_you_d_expect/32/3246_2.png) [@not\_what\_you\_d\_expect](https://boards.straightdope.com/u/not_what_you_d_expect)\
**Post date:** [September 5, 2014, 12:13pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/5 "2014-09-05T12:13:46Z")

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> **[Kris Kobach: Chad Taylor stays on ballot for U.S. Senate in Kansas; Taylor to...](https://www.kansascity.com/news/politics-government/article1512707.html)**
>
> Kansas Secretary of State Kris Kobach said Thursday that even though Democrat Chad Taylor has pulled out of the U.S. Senate race, his name will remain on the November ballot. That ruling could yet draw legal challenges. Tayllor vowed to fight to...

Here’s a link. Kobach is refusing to remove Taylor’s name from the ballot because Taylor didn’t give his reasons for being unable to serve.

I agree it’s a totally partisan move on the part of Kobach and I think it could backfire on him.

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**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\
**Post date:** [September 5, 2014, 12:13pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/6 "2014-09-05T12:13:39Z")

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> [@elbows](#):
>
> Got any links? Just in case someone wants to know what you’re on about?

[Democrat withdraws from Kansas Senate Race.](http://www.washingtonpost.com/politics/orman-emerges-as-x-factor-in-kansas-senate-race/2014/09/04/660669c0-3445-11e4-a723-fa3895a25d02_story.html)

> [@](#):
>
> The contest was thrown for another twist on Thursday when Secretary of State Kris Kobach (R) announced that Taylor’s name must remain on the ballot because he had not provided notice that he is incapable of serving, as required by state law.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 5, 2014, 1:06pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/7 "2014-09-05T13:06:34Z")

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> [@not\_what\_you\_d\_expect](#):
>
> [http://www.kansascity.com/news/government-politics/article1512707.html](http://www.kansascity.com/news/government-politics/article1512707.html)
> 
> Here’s a link. Kobach is refusing to remove Taylor’s name from the ballot because Taylor didn’t give his reasons for being unable to serve.
> 
> I agree it’s a totally partisan move on the part of Kobach and I think it could backfire on him.

The only thing I know about this issue is information in the Washington Post article linked above.

I am not sure I understand why you agree it’s a “totally partisan” move:

> [@](#):
>
> The contest was thrown for another twist on Thursday when Secretary of State Kris Kobach (R) announced that Taylor’s name must remain on the ballot because he had not provided notice that he is incapable of serving, as required by state law.

I haven’t checked the law. Obviously, if the law doesn’t say that, then you’re right: it would appear to be a totally partisan move.

But… if the law DOES require such a statement… then can you explain what you mean?

And, **adaher** – same question.

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**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\
**Post date:** [September 5, 2014, 2:05pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/8 "2014-09-05T14:05:28Z")

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> [@Bricker](#):
>
> I haven’t checked the law. Obviously, if the law doesn’t say that, then you’re right: it would appear to be a totally partisan move.
> 
> But… if the law DOES require such a statement… then can you explain what you mean?

The answer to this would determine whether his action was _legal_, not whether it was partisan. Or does partisan= illegal, in your opinion?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 5, 2014, 2:16pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/9 "2014-09-05T14:16:06Z")

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How has this situation been handled in the past, if it has at all?

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**Author:** ![Kansas\_Beekeeper](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@Kansas\_Beekeeper](https://boards.straightdope.com/u/Kansas_Beekeeper)\
**Post date:** [September 5, 2014, 2:19pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/10 "2014-09-05T14:19:11Z")

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Here’s the statute:

[http://www.kslegislature.org/li/b2013\_14/statute/025\_000\_0000\_chapter/025\_003\_0000\_article/025\_003\_0006b\_section/025\_003\_0006b\_k/](http://www.kslegislature.org/li/b2013_14/statute/025_000_0000_chapter/025_003_0000_article/025_003_0006b_section/025_003_0006b_k/)

It does seem to say that an inability to serve must be alleged. The problem is that there have been general allegations that the Secretary of State’s office has not required such in the past. I don’t know if that is true. I don’t know if it has ever happened under Kobach.

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**Author:** ![Terr](https://avatars.discourse-cdn.com/v4/letter/t/839c29/32.png) [@Terr](https://boards.straightdope.com/u/Terr)\
**Post date:** [September 5, 2014, 2:22pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/11 "2014-09-05T14:22:15Z")

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> [@Czarcasm](#):
>
> How has this situation been handled in the past, if it has at all?

I would think such events are rare enough that precedent in the same jurisdiction is unlikely. But in a different jurisdiction, AFAIR, in the Torricelli-Lautenberg thing, the New Jersey Supreme Court decided that deadlines for ballot changes don’t matter if Democrats _really_ want to change the ballot.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [September 5, 2014, 2:28pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/12 "2014-09-05T14:28:52Z")

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> [@Bricker](#):
>
> I haven’t checked the law. Obviously, if the law doesn’t say that, then you’re right: it would appear to be a totally partisan move.

According to Taylor, he showed the text of his withdrawal letter to the Secretary of State’s office before he submitted it and they said it would work. He then signed and officially submitted it. Kobach then rejected the letter and said it was not in compliance.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [September 5, 2014, 2:36pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/13 "2014-09-05T14:36:57Z")

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> [@Kansas\_Beekeeper](#):
>
> Here’s the statute:
> 
> [Statute | Kansas State Legislature](http://www.kslegislature.org/li/b2013_14/statute/025_000_0000_chapter/025_003_0000_article/025_003_0006b_section/025_003_0006b_k/)
> 
> It does seem to say that an inability to serve must be alleged. The problem is that there have been general allegations that the Secretary of State’s office has not required such in the past. I don’t know if that is true. I don’t know if it has ever happened under Kobach.

Here’s the relevant section:

> [@](#):
>
> Any person who has been nominated by any means for any national, state, county or township office who declares that they are incapable of fulfilling the duties of office if elected may cause such person’s name to be withdrawn from nomination by a request in writing, signed by the person and acknowledged before an officer qualified to take acknowledgments of deeds.

From this, it’s not clear that the written request for withdrawal must include the declaration of inability to serve. The text seems to allow a nominee to make a declaration of inability and then submit a separate written request for withdrawal without including a statement of inability in it.

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**Author:** ![not\_what\_you\_d\_expect](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/not_what_you_d_expect/32/3246_2.png) [@not\_what\_you\_d\_expect](https://boards.straightdope.com/u/not_what_you_d_expect)\
**Post date:** [September 5, 2014, 2:42pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/14 "2014-09-05T14:42:44Z")

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To be honest with you Bricker, I don’t know the law, but this was my takeaway after listening to Morning Joe today.

Joe seemed to be of the opinion that an amendment would be an easy fix and would likely be offered if the situation were thought to be of benefit to the incumbent. Since Joe is an ex-congressman and a current republican, I decided to trust his opinion.

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**Author:** ![Kansas\_Beekeeper](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@Kansas\_Beekeeper](https://boards.straightdope.com/u/Kansas_Beekeeper)\
**Post date:** [September 5, 2014, 4:05pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/15 "2014-09-05T16:05:00Z")

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> [@Little\_Nemo](#):
>
> According to Taylor, he showed the text of his withdrawal letter to the Secretary of State’s office before he submitted it and they said it would work. He then signed and officially submitted it. Kobach then rejected the letter and said it was not in compliance.

More specifically, the news report Taylor as saying he showed the letter to a guy in the SOS’s office named Brad Bryant. Bryant is a lawyer, and longtime head of the elections division in the office. He predates Kobach by at least a couple administrations, so Bryant would know better than anybody how it had been done in the past. Bryant is non-political, and really knows election law. The problem is that Kobach denies that Bryant told Taylor the letter was adequate.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [September 5, 2014, 4:07pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/16 "2014-09-05T16:07:00Z")

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So, they are going to _draft_ him? If he wins, can they force him to take office? Maybe he should protest by burning his voter registration card! Hell, no, I won’t go! Or, I will go, just not go _there_!

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**Author:** ![Kansas\_Beekeeper](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@Kansas\_Beekeeper](https://boards.straightdope.com/u/Kansas_Beekeeper)\
**Post date:** [September 5, 2014, 4:07pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/17 "2014-09-05T16:07:19Z")

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> [@Little\_Nemo](#):
>
> Here’s the relevant section:From this, it’s not clear that the written request for withdrawal must include the declaration of inability to serve. The text seems to allow a nominee to make a declaration of inability and then submit a separate written request for withdrawal without including a statement of inability in it.

If I were SOS, absent precedent to the contrary, I’d require it to be in the letter since it inability to serve seems to be the only grounds for withdrawal. But so far, Taylor’s made no declaration of inability of any sort.

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**Author:** ![Kansas\_Beekeeper](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@Kansas\_Beekeeper](https://boards.straightdope.com/u/Kansas_Beekeeper)\
**Post date:** [September 5, 2014, 4:18pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/18 "2014-09-05T16:18:06Z")

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> [@elucidator](#):
>
> So, they are going to _draft_ him? If he wins, can they force him to take office? Maybe he should protest by burning his voter registration card! Hell, no, I won’t go! Or, I will go, just not go _there_!

Taylor was never a strong candidate. At the beginning of this election cycle, Roberts was considered invincible, and Tayor agree to run just so there’s be a Democrat on the ballot. But during the Republican primary, Roberts faced a fierce Tea-Party opponent named Wolf. Wolf did real damage to Roberts, and Wolf might have even won except that he comes across as crazy.

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**Author:** ![Katriona](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/katriona/32/113_2.png) [@Katriona](https://boards.straightdope.com/u/Katriona)\
**Post date:** [September 5, 2014, 4:39pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/19 "2014-09-05T16:39:11Z")

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> [@Kansas\_Beekeeper](#):
>
> Taylor was never a strong candidate. At the beginning of this election cycle, Roberts was considered invincible, and Tayor agree to run just so there’s be a Democrat on the ballot. But during the Republican primary, Roberts faced a fierce Tea-Party opponent named Wolf. Wolf did real damage to Roberts, and Wolf might have even won except that he comes across as crazy.

And the Independent candidate has apparently made a stronger showing than expected, so Taylor stepped down to try to avoid splitting the vote.

I’d guess Kobach is hoping for a split vote to ensure a Pat “I Don’t Actually LIVE in KS” Roberts win.

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<div class="post-metadata">

**Author:** ![Kansas\_Beekeeper](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@Kansas\_Beekeeper](https://boards.straightdope.com/u/Kansas_Beekeeper)\
**Post date:** [September 5, 2014, 4:45pm UTC](https://boards.straightdope.com/t/i-pit-kris-kobach/697561/20 "2014-09-05T16:45:26Z")

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> [@Katriona](#):
>
> And the Independent candidate has apparently made a stronger showing than expected, so Taylor stepped down to try to avoid splitting the vote.
> 
> I’d guess Kobach is hoping for a split vote to ensure a Pat “I Don’t Actually LIVE in KS” Roberts win.

Exactly. There’s even speculation that if Orman, the independent, were to win, it would keep the Senate in Democrat control since Orman would presumably caucus with the Democrats.

> **[Democrats Could, Ironically, Hold The Senate If One Of Their Candidates Drops...](https://www.huffpost.com/entry/kansas-senate-race_n_5717203)**
>
> Democrats Could, Ironically, Hold The Senate If One Of Their Candidates Drops Out

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