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Kansas Supreme Court Hears Arguments On Senate Ballot Dispute

AP Photo/Charlie Riedel

  The Kansas Supreme Court will soon decide if the state’s chief election officer can prevent a Democratic candidate for the U.S. Senate from taking his name off the ballot. KMUW’s Abigail Wilson has more...

Tuesday’s hearing focused on whether or not a formal withdrawal letter from Democrat Chad Taylor was enough to require Secretary of State Kris Kobach to remove Taylor's name from the Nov. 4 ballot. Kobach’s lawyer, Ed Greim, said that in order to withdraw, Taylor should have explicitly stated his incapability in the letter rather than citing a statute. Justice Carol Beier questioned his argument.

“That particular statute that was cited - is there any other reason other than being incapable of fulfilling the duties of office that would be acceptable?” Beier asked.

“Your honor, the statute is clear. That is the only reason,” Greim responded.

“That's the only reason. So when you cite it don't you necessarily invoke that part?” Beier continued.

“No your honor. That’s the problem,” Greim said. “Citing something is not the same thing as making a declaration.”

The court’s ruling on Taylor’s withdrawal is still pending.