Really long story short, the current Senator from Kansas who’s up for reelection is a 3 term senator, and long term congressman before that named Pat Roberts. Roberts has been in Kansas politics forever and comes from a prominent Kansas Republican family, and has routinely won by enormous margins.
The Democrats figured he’d easily win the election, and had trouble finding a good candidate. They finally nominated the District Attorney of Shawnee County (the county where the capital, Topeka, is), a 40 year old named Chad Taylor. who gained some notoriety when his office got in a fight with the Topeka municipal justice system over who would prosecute domestic abuse cases…Taylor, facing budget cuts, and trying to get the city of Topeka to prosecute domestic abusers, announced that his office would no longer prosecute domestic abuse cases. The backlash against this, and Topeka repealing the city’s domestic violence ordinance, forced his office to back down.
So, everybody going into this year expected Sam Roberts to win in a cakewalk. Kansas is a pretty Republican seat, there weren’t any strong Democratic contenders, and it looked easy for Roberts. Then, the shit hit the fan. The Kansas Republican party is, and for the past couple of years, has been at war with itself, with the Tea Party faction trying to wrest control from the Republican old guard. Roberts, who had the endorsement of most of the Kansas Republican establishment, including former Senator Bob Dole, faced a really bruising primary challenge by a conservative radio host named Milton Wolf. It got nasty, and one of the things that the Wolf campaign discovered is that Pat Roberts might not even meet the residency requirement. The address in Kansas he says is his is actually owned by a member of his staff, and he owns a house in the suburbs of Washington, DC. Roberts won the primary, but the whole thing weakened him, and made him spend all sorts of money and energy on the primary he never thought he’d have to.
Meanwhile, a businessman named Greg Orman is also running as an independent candidate. Orman is fairly middle of the road, conservative on economic issues, and fairly liberal/libertarian on social issues. Orman has also been successful in raising money for the campaign, which is something Taylor hasn’t. Orman has said that, if he’s elected, he’ll caucus with whichever party is in the majority.
So, over August, something interesting happened in the polls…Orman’s popularity increased, and a lot of Kansas Democrats, afraid that with Taylor and Orman both in the race, they’d split the anti-Roberts vote, pressured Taylor to withdraw. So, at the beginning of September, Taylor filed a request with the Secretary of State’s office (in Kansas, the Kansas Secretary of State is in charge of election issues), to withdraw from the race, and then came out backing Orman.
However, the situation soon got more complicated. The Secretary of State, a Republican named Kris Kobach (in Kansas, the office of Secretary of State is a partisan elected office), rejected Taylor’s request to withdraw, saying that Kansas law says that, if a candidate wants to remove his name from the ballot, his request to do so has to be accompanied by a declaration saying that he wouldn’t be capable to filling the office, if elected, and Taylor’s withdrawal request didn’t include that declaration. And, of course, it’s too late now for Taylor to refile his request. So, Kobach announced that Taylor’s name would remain on the ballot.
Taylor is now suing to get his name taken off the ballot, claiming, among other things, that before he turned in his request, he spoke to the Assistant Secretary of State, a man named Brad Bryant, and showed him the request, and Bryant confirmed that it was a valid request and accepted it, so Taylor is claiming that, due to estoppel by reliance, his name should be removed from the ballot as a matter of equity.