Tenth Circuit Upholds Kansas Ban on Prefilled Mail Ballot Applications
A Kansas law barring third parties from sending unsolicited prefilled mail ballot applications to voters is constitutional, the U.S. Court of Appeals for the Tenth Circuit ruled on October 14, reversing the federal district court, Bloomberg Law reported.
The prohibition comes from Kansas House Bill 2332, passed in 2021. VoteAmerica and the Voter Participation Center, mail-voting advocacy groups, sued, arguing the ban violated the First Amendment. The district court held on July 3, 2025, that the ban was unconstitutional, and the state appealed. In its October 14 decision, the Tenth Circuit found no indication the law was passed for an improper purpose, said the state's interests in reducing voter confusion and administrative burdens and increasing confidence in elections are significant, and upheld the ban under intermediate scrutiny. Judge Timothy M. Tymkovich wrote the opinion, joined by Judges Michael Murphy and Joel Carson.
The case has moved through multiple rulings and appeals since it was filed in 2021; the latest decision leaves Kansas's prohibition in force.
Source: Bloomberg Law and Democracy Docket, October 14, 2026.
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