Judge Rejects Wichita Democrat's Lawsuit

By: Associated Press
By: Associated Press

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UPDATE: Friday, November 9, 2012

Secretary of State Kris Kobach says a Democratic legislator has failed to convince a Sedgwick County judge to release the names of voters who cast provisional ballots.

Rep. Geraldine Flaharty of Wichita filed the lawsuit Friday. She narrowly trails her Republican opponent, so those votes could help her.

Kobach says a judge ruled against Flaharty, citing a federal law protecting voters' names. The Associated Press couldn't obtain the judge's order Friday night.

Provisional ballots are used when it's unclear if a voter is at the correct polling place. The ballots are reviewed later.

A similar lawsuit was filed in Shawnee County by Democratic Rep. Ann Mah of Topeka. But in that case, the judge ordered Friday that the names be released. Mah trails her Republican opponent by 27 votes.

Friday, November 9, 2012

Kansas Democratic Party officials say a lawsuit has been filed in Sedgwick County to force officials to give a Democratic legislator who lost a re-election bid the names of voters casting provisional ballots.

They said the lawsuit filed Friday by Rep. Geraldine Flaharty of Wichita was similar to one filed hours earlier in Shawnee County by Democratic state Rep. Ann Mah of Topeka.

In Mah's case, District Judge Rebecca Crotty ordered Shawnee County officials to release voter names to Mah and her Republican opponent.

Kansas Democratic Party spokesman Dakota Loomis said Flaharty is hoping for a similar order.

Flaharty was forced by political redistricting to run against Republican Rep. Phil Hermanson of Wichita. He leads the race by 138 votes out of nearly 6,000 cast on Tuesday.

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