Prepared For: Alexander Reinert Bloomberg Law News Kansas

10/10/2019 Kansas Voters’ Privacy Suit Over ‘Crosscheck’ Program Advances

Prepared for: Alexander Reinert

Manage Subscription Bloomberg Law News Kansas Voters’ Privacy Suit Over ‘Crosscheck’ Program Advances By Bernie Pazanowski Sept. 6, 2019, 11:51 AM

Kansas Public Records Act at issue

Motion to reconsider denied

Bloomberg Law News 2019-10-10T11:25:29893-04:00 Kansas Voters’ Privacy Suit Over ‘Crosscheck’ Program Advances

By Bernie Pazanowski 2019-09-06T11:51:40000-04:00 Kansas Public Records Act at issue Motion to reconsider denied

Former Kansas Secretary of State Kris Kobach must face a claim that he’s liable for violating the Kansas Public Records Act, the District of Kansas ruled.

Kobach’s motion to reconsider an earlier decision allowing the claim to proceed was untimely, the opinion by Judge Daniel D. Crabtree of the U.S. District Court for the District of Kansas said. But, even if it were timely, Kobach didn’t show a prior opinion misapprehended the facts or applicable law, or contained clear error, the court said.

A motion to reconsider “is no place to revisit issues already decided,” the court said.

At issue was the Interstate Voter Registration Crosscheck Program, which is run by the Kansas Secretary of State and is intended to help states detect voters registered in more than one location.

Crosscheck collects voter registration information from participating states and generates a list of potential duplicate records. The information collected includes first, middle, and last name; date of birth; Social Security number; voter status; voter identification number; mailing address; date of registration; and whether the voter cast a ballot in the most recent election.

The list generated by the program includes only the voters’ names and dates of birth, but states may get other voter data, including a partial Social Security number, upon request. The information is sent to participating states where double voting may have occurred. PREVIOUS STORY NEXT STORY The KaFnAsCaEsB POuObKlic S REeEcKoSr dFsU ALLct 9 pTrHo hCibIRit.s R dEiVssIEeWm iInNating anU in.Sd. iFvOidRuEaIl’Gs Nso LcOiaBl BseYcIuNrGit yC nRuAmCKbDerO oWnN TO documFeAnCtEs- SthCaAtN cNonINtaGin C oAtShEer personal information like names and addrOesUsTeLsI.VE CRAIG ACQUITTAL

https://www.bloomberglaw.com/document/X3FEG29S000000?udv_expired=true 1/2 10/10/2019 Kansas Voters’ Privacy Suit Over ‘Crosscheck’ Program Advances

The court held Feb. 1 the voters stated a plausible claim against Kobach. His motion for reconsideration was denied Sept. 5.

The American Civil Liberties Union represented the plaintiffs. The Kansas Attorney General’s Office represented Kobach.

The case is Moore v. Kobach , 2019 BL 333602, D. Kan., No. 18-2329-DDC-KGG, 9/5/19 .

To contact the reporter on this story: Bernie Pazanowski in Washington at [email protected]

To contact the editors responsible for this story: Jo-el J. Meyer at [email protected]; Nicholas Datlowe at [email protected]

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