Sherman Smith reports:
The Kansas Attorney General’s office says in legal filings that Kris Kobach shouldn’t be held personally liable for exposing sensitive data about Kansas voters and that those affected have no constitutional right to privacy for their information.
Court documents filed in recent weeks frame the state’s defense of problems associated with the Interstate Crosscheck System, a controversial weapon in Kobach’s crusade to snuff out supposed voter fraud.
The American Civil Liberties Union filed a class action lawsuit in June to challenge Kobach’s handling of the system, which Kansas has used since 2005 to compare names and birth dates for voters in states willing to swap records. Under Kobach’s leadership, the secretary of state’s office sent a list of 945 potential double registrants to officials in Florida in 2013.
The unsecured email contained a spreadsheet of voter information, including partial Social Security numbers. Florida officials then released the data last year in response to an open records request from a Kansas resident.
Armed with references to U.S. Supreme Court opinions, the attorney general’s office — which is tasked with defending state agencies from litigation — argues the high court “has never held that there is a constitutional right to prevent government disclosure of private information.”