Kobach, Kansas AG and Legislature to blame for voting law legal costs, representatives say

TOPEKA — With Kansas on the hook for $1.9 million in legal fees stemming from a costly battle over a controversial voting law touted by former Secretary of State Kris Kobach, state representatives cast blame Wednesday on the attorney general and themselves for allowing the situation to reach this point.

Kobach persuaded lawmakers in 2013 to pass his signature law, which required new voters to present proof of citizenship, using baseless voter fraud claims to support the initiative. However, the law did nothing to prevent very rare cases of voter fraud in Kansas, instead blocking more than 35,000 eligible voters from participating in elections.

U.S. District Judge Julie Robinson struck down the law in 2018 and held Kobach in contempt of court. When current Secretary of State Schwab took office, he and Attorney General Derek Schmidt continued to defend the law, but the U.S. Supreme Court declined to consider the case after an appellate court upheld Robinson’s ruling.

The American Civil Liberties Union and other attorneys initially requested more than $4 million in compensation for the prolonged litigation but ultimately agreed to a $1.4 settlement from the state. Rep. John Carmichael lamented the fact he now had to vote for the bill to authorize the settlement, throwing away funds that could be used elsewhere.

“This is money that can be used for education. It’s money that can be used for tax cuts. It’s money that can be used for financial incentives for economic development,” the Wichita Democrat said. “This is nearly $2 million of taxpayer money being poured down the drain.”

House Bill 2492 pools more than 79 claims against Kansas — including 69 claims from the Kansas Department of Corrections — to pay out $2 million. Other costs include a payment of $47,789 to an IT solutions company, $29,457 for motor fuel tax refunds, and approximately $1.9 million for the Kobach lawsuit fees.

The measure passed the House 116 to 6.

Some legislators praised the attorney general for shaving the requested compensation in half, but Rep. Vic Miller said Schmidt’s decision to continue defending the case was a big factor in the excessive court costs. 

“I recognize that there needs to be a process and I said, let’s come up with a process where the onus is not on the voter,” Miller said. “They weren’t interested in a bill to try to come up with a correct way to go about verifying citizenship because the attorney general thought he could win the case.”

An assistant for the attorney general told lawmakers in December that only 10% of the cost can be attributed to appeals.

John Milburn, a spokesperson for Schmidt, said the attorney general has consistently held that legislators could repeal or amend the statute if they wish.

“The Legislature, over multiple sessions, declined to do so,” Milburn said. “While this office was not involved with the defense of the statute at the trial level, as with other enactments of the Legislature, it was entitled to a vigorous defense on appeal.”

Rep. Henry Helgerson, an Eastborough Democrat, took the time to remind legislators of their complicity in the situation. He said representatives and senators alike chose to pass the law despite advice from many who said it was unconstitutional. 

“Every attorney in the state, with the exception of probably one, knew the legislation was contrary to what the Supreme Court would eventually rule,” Helgerson said. “We sometimes don’t think our political actions have financial ramifications. But if we know something is not constitutional, do not go out on the edge and risk the financial health of this state.”

Kansas Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and Twitter.

Hot this week

Flood Watch Issued Across Portions of Kansas, Nebraska, Iowa, and Missouri as Multiple Rounds of Heavy Rain Approach

The National Weather Service has issued Flood Watches for parts of Kansas, Nebraska, Iowa, and Missouri from Tuesday evening to late Thursday due to a moisture-laden system bringing 2 to 4 inches of rain, with some areas receiving up to 5 inches. Residents in flood-prone areas are urged to stay alert and follow safety precautions.

KNDY Area High School Football Scores – 9/25/2026

In recent high school football matches, Clay Center, Hesston, and Marysville achieved solid victories in the North Central Kansas League. The Twin Valley League saw Axtell and Centralia dominate their opponents. Other notable wins included Jefferson Co. West and Riley County in separate matchups. Overall, strong performances characterized the games.

🎙️ Washington County High School’s “The Tiger Talk” – 09/25/2026

Tune into the Washington County High School's "The Tiger...

🎙️ Hanover High School’s “The Wildcat Wire” – 09/30/2026

Tune into the Hanover High School's "The Wildcat Wire"...

Latest Headlines

KDOT Announces Approved September Bids

The Kansas Department of Transportation has approved bids for various state highway projects during a letting on September 16 in Topeka. The projects span multiple districts, including asphalt resurfacing, sealing, and bridge replacements, with significant contracts awarded to local firms. Total funding amounts reach into the hundreds of millions.

Big Blue River Enters Flood Stage Following Heavy Rains as Tuttle Creek Lake Levels Rise

Heavy rainfall in northeast Kansas and southeast Nebraska has caused the Big Blue River to flood, expected to crest at 36 feet soon. Tuttle Creek Lake is also rising, with inflow increasing significantly. The U.S. Army Corps of Engineers reduced outflow to manage rise. Residents are advised to follow safety guidelines amid flooding risks.

🎙️ Coaches Corner: Valley Heights Mustangs – 10/01/2026

Coaches Corner: Valley Heights Mustangs - 10/01/2026

🎙️ Coaches Corner: Frankfort Wildcats – 10/01/2026

Coaches Corner: Frankfort Wildcats - 10/01/2026
- Advertisement -

Related Articles

Popular Categories

- Advertisement -