Barton County Clerk Donna Zimmerman wants all county voters who registered via the so-called Motor Voter Act at the Department of Motor Vehicles offices to know they are eligible to cast a ballot in the Nov. 8 general election, at least for now.

This message came after the League of Women Voters of Kansas Friday released information purchased from the Kansas Secretary of State’s office. It indicated the names of thousands of would-be voters who registered through Motor Voter and other means, which appeared in March 2016, were missing when compared to the list the league purchased in August. 

League analysis of the data accounts for about two-thirds of the names, but 6,570 names were still unaccounted for, including 125 from Barton County. 

The league concluded that thousands were returned to the suspense list and subsequently purged, despite Kansas City, Kan.-based U.S. District Judge Julie Robinson’s May 17 decision. 

To be in the “suspense” list means the voter’s registration information was incomplete. This can be an issue if there were unanswered questions on the form or, as was the case for all of those in Barton County, there was no proof of citizenship.

After being on the suspense list for 90 days, the registration is was originally canceled, Zimmerman said. Following the recent court ruling, those registrants were reclassified as “DMV – federal election only – no poc” (no proof of citizenship). 

For Barton County, that means those voters were reinstated as suspense voters and will appear on a separate voter list at the polls and eligible to vote in federal only races. Robinson ruled in favor of a temporary injunction demanding that those who had registered to vote when applying for driver’s licenses or renewals since the institution of the documentary proof of citizenship requirement in Kansas’ SAFE Act in January 2013 be given the right to vote in federal elections. 

Motor voter

The National Voter Registration Act of 1993, also known as the Motor Voter Act, is federal legislation requiring state governments to offer voter registration to any eligible person who applies for or renews a driver’s license or public assistance, requiring states to register applicants who use a federal voter registration form, and prohibiting states from removing registered voters from the voter rolls unless certain criteria are met. 

Motor voters on average make up 46 percent of the suspense list.

In looking at the March list of 18,762 names statewide, the League found: 12,194 moved from missing to the August list; and of the 12,194, 10,084 are in the suspense category, 156 are in the Inactive category and 1,954 are in the Active category.

That means 6,570 names remain missing state wide, the LWV concluded. These names appeared on the March list, but were missing by August. These people must start from scratch if they intend to vote. 

In looking at the list of 18,762 names, the League accounted for two-thirds who are still categorized as suspense, active or inactive. However, 6,570 names are missing. These names appeared on the March list, but were lost from any category by August. 

But, Zimmerman said, Barton County has made a concerted effort to send letters and track down suspended voters. Going back as far as Jan. 1, 2013, when the SAFE Act kicked in, the office has cleared up the Barton County list, and all of those still interested in voting are on the “special” list and can vote.

An election question mark

However, Zimmerman said, there could always be a new court ruling that could change things.

And this may happen. 

A case pending in a Topeka courtroom casts uncertainty on this eligibility. It will determine whether the potentially thousands of votes will be counted in November when they are cast in state and local elections by people who registered at motor vehicles offices or with a federal form without providing citizenship documents.

Shawnee County District Judge Larry Hendricks heard arguments Wednesday on whether to temporarily block Kansas Secretary of State Kris Kobach from throwing out the votes in local and state elections cast by people who fall into those categories.

The judge had earlier ordered the state to count them for the state’s August primary, and he must now rule on whether to extend that order for the November general election as well.