The fight between Gov. Sam Brownback of Kansas and the state's judicial branch has escalated, with the governor last week signing into law a bill that could strip state courts of their funding. The measure, at the end of a lengthy bill that allocated money for the judiciary this year, stipulates that if a state court strikes down a 2014 law that removed some powers from the State Supreme Court, the judiciary will lose its funding.
If Brownback does sign the legislation, which has already passed both chambers of the state legislature, Kobach would be given the power to prosecute voter fraud cases even when, according to critics, local prosecutors had opted against moving forward with those cases. Kobach is a prominent figure in conservative "voter fraud" circles, loudly declaring that voter fraud is rampant and pushing new laws that have the effect of restricting access to voting, especially among voters who tend to favor Democrats. Voting experts, on the other hand, point to studies that show voter fraud is relatively rare with negligible impact on election outcomes. "I very much worry about Kobach getting additional prosecutorial authority, as he seems to be someone who is willing to make false or exaggerated claims of voter fraud to fit his political narrative," election law expert Rich Hasen told TPM in an email.