Day three began with the admission of a spreadsheet containing a list of 38 alleged noncitizens attempting to register to vote in Sedgwick County.
Tabitha Lehman, the Sedgwick County Elections Commissioner, again took the stand, where Secretary of State Kris Kobach used her testimony to detail the list.
Tabitha Lehman on the stand.
The cumulative list identified individuals from 1999 to 2017, divided into 3 categories:
- Noncitizens who registered to vote before the documentary proof of citizenship law (DPOC) — 18 were identified.
- Noncitizens blocked by DPOC –16 were identified.
- Noncitizens who are registered during the injunction — four were identified.
In cross-examination, ACLU attorneys were able to expose several of the 16 alleged attempts by noncitizens to register as simple mistakes of incomplete voter registration forms and not actual attempts to register to vote.
Of the total 38 alleged noncitizens over the almost 20 year period, only five were identified is actually casting a ballot. During that same period, more than 1.3 million votes were cast in Sedgwick County.
Next, Brian Caskey, Director of elections of Kansas, took the stand. On examination from the ACLU attorney, critical points were revealed. First, Caskey claimed in an affidavit that 129 noncitizens had attempted to or did register to vote, but this was a revised number as Caskey admitted mistakes and double-counted one individual.
Upon questioning Caskey conceded that mistakes happen even under the threat of perjury. (Which begs the question as to whether that standard should apply to noncitizens who accidentally filed a voter registration form).
Second, Caskey explained that a process exists for those who lack documentary proof of citizenship to petition the State Election Board, which consists of the Secretary of State, Lieutenant Governor and the Attorney General. Only six individuals have used the process to get a ruling from the Board, according to testimony.
The ACLU attorney revealed that in a preliminary hearing Secretary Kobach claimed that a sworn affidavit of citizenship from such a petitioner would suffice as evidence for the board. (Which also begged the questions as to why an affidavit of citizenship would suffice for the board but the not voter registration forms).
The cross-examination of Caskey by Secretary Kobach’s team drug out for the rest of the day in court.
Throughout the first three days of the trial, Secretary Kobach and his team have appeared embarrassingly unprepared in questioning, bumbling through evidence, and repeatedly interrupted by Judge Robinson to be lectured on the rules and procedures of the court.
The trial continues tomorrow morning with the anticipated video deposition of Secretary Kobach.