Republican Gov. Jeff Colyer on Thursday called for his GOP gubernatorial rival Kris Kobach to personally cover the cost of a $ 26,000 contempt-of-court fine stemming from his defense of proof-of-citizenship requirements for voters.
“The people of Kansas send their hard-earned dollars to the state to provide essential services, not to pay fines imposed on government officials for their own misconduct,” Colyer said in statement.
“It is outrageous frankly, especially for a politician who spends so much time talking about government spending, to use taxpayer dollars to pay these fines,” Colyer said.
Colyer also noted that Kobach already used a state credit card to pay a $1,000 fine for being held in contempt of court stemming from the same legal battle over the state’s proof-of-citizenship requirements.
Following a news conference with reporters on Thursday, Kobach reiterated his position that he was sued in his capacity as secretary of state.
He has said when state officials are sued in their official capacity, it’s the legal equivalent of litigation against the state.
U.S. District Judge Julie Robinson on Wednesday ordered Kobach to reimburse the American Civil Liberties Union $24,658 for legal fees plus $1,556 in expenses for travel and trial support services.
The ACLU originally asked the judge for about $52,000 in legal fees and expenses.
Robinson held Kobach in contempt for violating a court order requiring him to notify voters affected by a preliminary decision that blocked the citizenship requirements for anyone registering to vote at a driver’s license 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 ultimately struck down the state’s proof-of-citizenship requirements as unconstitutional. The case is now on appeal.
Kobach is now running for the Republican nomination for governor against Gov. Jeff Colyer, Insurance Commissioner Ken Selzer and former state Sen. Jim Barnett of Emporia. The primary is Aug. 7.
During this year’s legislative session, there was an effort by Republican state Rep. Russ Jennings to force Kobach to pay the contempt order out of his wallet.
However, the proviso added to the state budget was later removed by a House-Senate conference committee.
Jennings raised the issue again on July 30 on his Facebook page, asking hypothetically whether a state employee driving state car should have to pay a fine if caught speeding. He concludes the state employee should pay.
“I also believe a state elected official should pay their own fines when found in contempt of court for failing to abide by court orders – not state taxpayers,” Jennings wrote on Facebook.
“Any state official who uses Kansas taxpayers money as a slush fund for his mistakes does not get my vote.”
