They wouldn’t even need to conjure a reason – the law doesn’t seem to require any particular reason, just the declaration.
The time has passed. The Board of Canvassers met Wednesday August 27. From the statute linked to above:
“Except as provided in subsection (d), in the case of national and state offices, any such request shall be filed within seven days, including Saturdays, Sundays and holidays, after the meeting of the state board of canvassers for the final canvass of primary election provided for in K.S.A. 25-3205, and amendments thereto.”
Taylor submitted his letter on the last day, Wednesday, September 3.
What does Brad Bryant say that Brad Bryant said?
Bricker, now that you’ve had a chance to see Mr. Taylor’s withdrawal letter (and in light of your last post), do you think it more or less likely that Secretary Kobach’s actions are somewhat-less-than-total-but-more-than-is-acceptable-y partisan?
I’d like to see any of the former withdrawal letters that were approved, of course, before I feel like I could cement my opinion in place, but looking at the statute and then at Mr. Taylor’s letter, I’m having a hard time understanding under what rationale it was ruled noncompliant.
There have been no news reports on that.
Brad Bryant is a state employee, and the smart thing to do if you’re a state employee who wants to keep being a state employee is to clam up and not make a statement to the press unless the statement has been approved by the head of your agency and your agency’s lawyers. He’s not going to say anything unless they subpoena him.
The most you will get is:
Kobach said he questioned Bryant about the conversation and Bryant said he never stated the filing was sufficient to withdraw.
From what I’ve read, the deadline has passed. Taylor submitted his letter on the last day.
I think saying you “are incapable of fulfilling the duties of office if elected” is itself a reason. There are after all other reasons why a person might choose to withdraw from a election campaign besides incapability. Why can’t a person declare something like “I could do this job if elected but I’ve decided to stay in my current private sector job because it pays more money.” That seems like it should be a valid reason but apparently it isn’t in Kansas.
Are you kidding?
The rationale is crystal clear: the letter does not say that he is incapable of fulfilling the duties of office if elected.
The law requires that he make that declaration. He hasn’t made it.
Agreed. I meant that there’s no requirement to detail the nature of the incapacity.
So it could be the best kind of partisanship: the kind gussied up in the finery of the law, pretty as a tobacco-spittin’ whore in a Sunday dress.
Torricelli/Lautenberg payback is a bitch.
If the Democrats truly think Secretary Kobach’s decision was improper, they should take it to court where Taylor “can swear under oath that he is incapable of serving and he can detail all the conversations he had with Democrat leaders and candidates concerning his attempted withdrawal,” Kansas Republican Party executive director Clayton Barker said in an email.
I am not sure about whether the conversations thing will be relevant in court, but it does seem that the problem Taylor has is that he is afraid that if he declares, publicly and explicitly (as the law seems to require) that he is incapable of serving, that will basically kill his further political career.
Yes, depending how this goes to court, those conversations may well be not properly before the court–it’s arguably an appeal of Kobach’s decision. But your point is a good one; to the extent Taylor was asked to do this, he’s been put in an impossible position.
Given the relative importance of the office, I am likely to accept that an unwillingness to assume the august duties of a Senator amounts to an incapacity, and let it go at that. Otherwise, we wander into absurd questions as to whether Kansas can compel him to serve if he should, by some miracle, actually win.
“Incapable” was a poor choice of wording, so now a proofreading issue becomes a big deal? So if Sec Knoblick gets his way, and Taylor just shrugs his shoulders and ambles away, what’s he gonna do, have him arrested?
Of course not. Kobach now has what he wants - a candidate on the ballot who will split the opposition votes without representing a serious challenge to the incumbent.
Irony would be if Orman gets hit by a bus and Taylor because the lead opposition to Roberts. Kobach’s maneuver of forcing Taylor to stay in the running would look really stupid.
This could also end up costing Kobach his own job. Considering how much of a point the Republicans have made about backroom deals, you have to suspect somebody reached out to Kobach and made him some promises.
So you agree that the law requires the declaration be included in the withdrawal request? And that the “pursuant to KSA 25-306b(b)” in Taylor’s letter does not fulfill that requirement?
Pursuant to KSA 25-306b(b), Taylor should have made that declaration. He didn’t.
He’s not unwilling to be Senator. He very much wants to be a Senator. He just can’t win.