Federal Court Denies Summary Judgment in ACLU’s Proof of Citizenship Claim Against Kansas/Kobach, With Case Going to Trial in March

Opinion (via Jessica Huseman):

The scope of this Court’s summary judgment Order is narrower than the parties sought in their briefing. The Tenth Circuit provided the framework within which Plaintiffs’ Count 1 preemption claim under § 5 of the NVRA must proceed. Under that straightforward test, a genuine issue of material fact exists on this record as to whether a substantial number of noncitizens successfully registered to vote under the attestation regime that preceded the Kansas DPOC law, based solely on the testimony and report by Defendant’s expert, Professor Jesse Richman. Although Plaintiffs raise several serious questions about the methodology behind Professor Richman’s estimates of noncitizen registration rates, they all go to the weight and not the admissibility of his testimony. Plaintiffs will be able to fully test that methodology, and the probative value of his opinion, through cross-examination at trial, and through the presentation of their own experts.

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