Legislative Update: Week 3

During week three of the Kansas legislative session, civil liberties continued to be the target of the legislature. This remains a multi-front assault. Attacks on voting access, abortion bans, and singling out immigrant communities have all been on the docket this week. A gender-affirming care ban passed and is on its way to the Governor’s desk, where we expect the bill to be vetoed. It remains to be seen whether Republicans will have enough votes for a veto-override. But there was good news as well. A bill to ban juvenile fines and fees was introduced, along with a bill that would help restore voting rights for people who have completed their sentences. The ACLU of Kansas will continue to fight for the civil rights and liberties of all Kansans’ this session. 

Voting Rights

Voting Rights remain under attack this legislative session. But there has been good news as well. A bill was introduced that would be a massive step in the right direction towards voting rights restoration. Bills that the ACLU is tracking are listed below.

• SB4:  This bill would eliminate the 3-day mail processing window, disenfranchising Kansas voters. We are vehemently opposed to this bill and submitted opposition testimony in Senate Federal & State Affairs. The bill passed favorably out of committee on 1/23 and is headed to the Senate floor for a vote. A companion bill, HB2017, is currently in House Elections.
• SB6:  If passed, SB6 would outlaw Ranked Choice Voting (RCV) in the state of Kansas. This is an issue best decided at the local level. The ACLU agrees with the overall goal of RCV, to gives voters more choices on election day, but has reservations about the impact of RCV on voter turnout in communities of color. This bill passed favorably out the Senate Federal & State Affairs committee on 1/28 and is going to the Senate for a vote.
• HB2017:  This bill eliminated the 3 day mail processing window for advance mail ballots. It would disenfranchise thousands of Kansas voters and we adamantly oppose this legislation. A hearing is schedule for Thursday, 2/6 at 3:30 p.m. in 218-N.
• HB2021:  A bill that would allow the Secretary of State’s office to dictate where county clerks place ballot drop boxes. No two counties are alike, and clerks know their counties better than anymore. The ACLU submitted opponent testimony for the hearing held on 1/30 in Houe Elections.
• HB2091:  This bill would require people who are discharged after completing their sentences to be offered the opportunity to register to vote. This would be a major step in restoring voting rights to people returning home, most of whom do not realize they’re able to vote.
• HCR5004:  The House Concurrent Resolution attempts to amend the Kansas Constitution to explicitly restrict voting to Kansas citizens, and entirely unnecessary addition that would duplicate already existing state and federal law. It passed favorably out of committee on 1/28 and is on its way to the House floor for a vote. This amendment to the Kansas State Constitution would ultimately be decided on by voters in an upcoming election.

Immigration

Immigrant communities are being targeted this session. The ACLU will continue to stand in solidarity with immigrant communities and demand equal treatment under the law for all people on U.S. soil, regardless of status. Bills and resolutions the ACLU is tracking are listed below.

• HB2020:  The ACLU of Kansas submitted opposition testimony to HB2020 in House Elections . This bill would require a monthly report of non-citizens who were issued licenses to be sent to the Secretary of State and fails to address issues of data privacy. The bill passed favorably out of committee with some modifications on 1/28, but we still have grave concerns about who this information will be shared with and the bill’s lack of privacy guarantees.
• SCR1602:  This resolution encourages the Kelly administration to fully cooperate with the Trump administration on all matters related to the detention and deportation of undocumented immigrants. The resolution passed in the Senate on 1/29 and has been introduced in the House.

Reproductive Rights

Legislators continue to ignore the Kansas Constitution and the will of the voters on abortion rights. The bills below have been introduced.

• HB2171:  Introduced in the House, the bill would criminalize all abortions in all circumstance, including rape, incest, fatal fetal abnormality, and the life of the pregnant person. The people of Kansas have spoken on abortion, and this bill is a complete betrayal of the 2022 vote that rejected the legislature’s attempt to strip Kansans of their right to reproductive care.
• HB 2062:  The bill would allow child support to be collected from the point of conception. This bill would codify “fetal personhood”, granting legal rights to embryos and opening a backdoor to criminalizing pregnant people, and has failed in previous sessions. A hearing has been set for Tuesday, 2/4 at 3:30 p.m. in 582-N.

LGBTQ+ Rights

SB63:  This bill strips Kansas children of their right to seek gender affirming care allows for civil action against providers who provide gender affirming care to young patients. This bill passed the House on 1/30 and the Senate on 1/31, despite over 400 pieces of opposition testimony. It now goes to the Governor’s desk for her signature or veto. The Governor has historically vetoed this type of legislation, and we expect her to do the same this year. Republicans may have the votes to override her veto this year, but it’s not certain. The ACLU will make all efforts to ensure an override fails and continue to fight for the rights of trans Kansans to seek gender affirming care without government interference.

Criminal Legal Reform

HB2179:  The bill would prohibit juveniles, their parents, or their guardians from being assessed fines and fees when interacting with the criminal justice system. The bill was introduced in the House.