A federal appeals court on Tuesday dismissed Kansas Secretary of State Kris Kobach’s appeal of a contempt order issued in his defense of the state’s citizenship requirements for would-be voters.
A three-judge panel at the U.S. 10th Circuit Court of Appeals ruled that Kobach’s appeal was premature because the contempt order was not final.
“Although the district court stated that it was imposing sanctions, specific sanctions
have not yet been imposed,” the judges wrote in their order.
“Here, not only has the district court not issued findings of fact and conclusions of law or final judgment, the district court has not determined a discernable amount of sanctions.”
U.S. District Judge Julie Robinson found Kobach in contempt of court for failing to comply with orders requiring him to notify voters affected by a court order blocking the citizenship requirements for anyone registering to vote at a motor-vehicle office.
Kobach had been ordered to register all otherwise eligible motor-voter registration applicants who had their registrations held up because they didn’t provide their proof of citizenship.
Robinson ordered Kobach – a Republican candidate for governor – to pay the plaintiffs’ legal fees in the case.
The ACLU has filed an application with the court seeking $51,646 in legal fees. There was an unsuccessful attempt in the Legislature to force him to personally pay the legal fees stemming from the contempt order.
