Calls to regulate New York financial institutions and the banks on Main Street are gaining strength. But even in the middle of a busy election season, calls to regulate voting in order to prevent voter fraud are going unheeded, claims one non-partisan Kansas group.

The November Patriots, a grassroots group of citizens dedicated to create a more open government, has sent two warnings to Kansas Secretary of State Ron Thornburg in the last week, explaining how the current voter registration system does little to stop illegal immigrants from voting next month.

“This voter system is making it so easy for illegals to vote,” Richard Fry director of field operations for the November Patriots told Kansas Liberty. “They are creating a situation that erodes our right to vote. One vote from an illegal has the potential to cancel one vote from an actual citizen.”

But Stephanie Meyer, public information officer for Office of the Secretary of State, told Kansas Liberty she was not aware of any previous problems with voter fraud in Kansas. 

The Secretary of State has the ability to cross-check the registration forms with other agencies and state databases to ensure the person who applied has the right to vote, although investigating voter irregularities is not a routine part of the Secretary of State's responsibilities.

“We are not an investigative body so if someone makes accusations we forward it on to the appropriate authority but we really haven’t had any evidence of that happening in Kansas,” Meyer said.

In Kansas, a voter registration form stipulates that first-time voters provide identification numbers such as a driver’s license, or non-driver’s identification card number, or the last four digits of the applicant’s social security number. 

However if the applicant cannot provide any of these numbers they are also given the option to provide a copy of a photo ID, a utility bill, bank statement, paycheck, government check or other government document that shows the applicant’s name and address.

Victoria Wells, Ford County Clerk and Elections Official, said first-time registers will generally show their driver’s license but said applicants also bring in utility bills or other forms of identification. 

That doesn't afford much protection against fraud.

“We absolutely cannot prove anything based on the utility bill,” Wells told Kansas Liberty. “We can’t verify they are citizens because there is nothing in that documentation but sometimes they will bring in a naturalization paper and it has their photo, name and address but we don’t ask for that necessarily.”

Wells said there is a box on the application a voter must check that says they are a U.S. citizen. If a person checks this box and signs the application, but they are not a U.S. citizen, they can be charged with perjury.

But Wells said the only way to ensure the applicant does not unlawfully check the box is if a person calls and challenges that particular registration.

“This is not something that happens very often,” Wells said. “Within the 19 years I have been here it has happened two or three times and in those instances it has been more a communication issue.”

Wells said the miscommunication is generally between interest groups that work to register voters and the illegal immigrants who don’t understand they are not supposed to be registering.

Nationally, ACORN has been accused of supporting Democrats with large-scale voter fraud of this type, although the organization has not been charged with violating any Kansas laws.

Some critics of the current laws have said facilities meant to encourage participation by legitimate voters may have encouraged ineligible voters, instead. The Ford County web site, for example, offers voter registration forms and instructions in Spanish.  Wells said she had never thought about whether this could encourage illegal immigrants to sign up and vote. She  said the postings in Spanish were mandated by federal law.

Changes in the law, she explained, happened "around 2002 after the 2000 census. The Department of Justice determined that Ford County had enough of a population that was not proficient in English that we were required to have that."

Sen. Tim Huelskamp, R-Fowler, has tried to get legislation passed several times that would mandate voters to show a valid form of identification with a photo before they can cast their ballot. His legislation would have exempted the elderly, persons with disabilities, and the military from having to show a photo identification card. A free photo ID would also be issued to impoverished voters who met certain guidelines.

Huelskamp's 2007-2008 voter ID bill Senate Bill 169, which was later consolidated into House Bill 2019, did pass the Senate and the House with votes of 28-12 and 74-49 respectively.

But some fear the necessity of a photo ID would close the door on voting for some citizens. Rep. Terry McLachlan, D-Wichita, who voted against the measure, claimed it would make it more difficult for people to vote.

“This bill effectively will lessen the number of voters at the polls in future elections, denying the poor and disenfranchised the opportunity to exercise their constitutional rights,” McLachlan told the House at the time. “Voter turnout lessens every cycle…enacting stricter voting regulations will further erode our most important democratic process, our right to choose our leaders.”

 Gov. Kathleen Sebelius ultimately vetoed House Bill 2019 in May, saying the bill was unnecessary and that the increased security at the polls could discourage legal voters.

“The Secretary of State’s office is charged with the oversight of elections in Kansas and our hard working county clerks and election officials deserve thanks for ensuring the integrity of the democratic process,” Sebelius said in her explanation for the veto. “I have the utmost confidence in their diligence to guarantee secure and fair elections across our state. HB 2019 seeks to solve a problem of voter fraud which does not exist in our state due to the tireless efforts of our local election officials.”

Huelskamp said he thought Sebelius had other motives for her veto.

“That veto was purely political and for partisan voters as these illegal voters are not going to be voting Republican,” Huelskamp told Kansas Liberty. “If that bill would have passed it would have been a tremendous start.”

Huelskamp said he would not be surprised if illegal voters showed up at the polls in November and said he planned on continuing to try to get Voter ID legislation passed in the future.

“Once we are past this election let's see what we can do to reestablish the truth and integrity in this voting system,” he said.

 - Holly Smith

Correction: This page has been revised to correct an error made in editing. Originally, a statement was attributed to Stephanie Meyer, a spokesperson for the Secretary of State's office. The original story claimed Meyer had said "the Secretary of State cross checks the registration forms with other agencies and state databases to ensure the person who applied has the right to vote - but only if a complaint is filed." The statement should not have been attributed to Meyer and a correction has been made to the text to remove that attribution. We regret the error.

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