10th Circuit Upholds Kansas Law Barring Out‑of‑State Prefilled Mail‑In Ballot Forms

The U.S. Court of Appeals for the 10th Circuit on Oct. 15, 2026, reinstated Kansas’ 2021 law that stops out‑of‑state organizations from mailing voters ballot‑request forms with the voter’s name or address already filled in. The panel said the law’s limited impact on speech meets the intermediate‑scrutiny standard.

Legal background and the court’s reasoning

Kansas enacted HB 2332 in 2021 over Governor Laura Kelly’s veto. The statute bars any non‑Kansas group from sending prefilled mail‑in voting applications to Kansas residents. Two groups, VoteAmerica and the Voter Participation Center, sued, arguing the ban violated their First‑Amendment rights and the Fourteenth Amendment.

The district court applied strict scrutiny and issued a temporary injunction, finding the law was meant to suppress mail‑in voting advocacy. The 10th Circuit disagreed, saying the district court inferred an improper purpose without evidence. Judge Timothy M. Tymkovich wrote that because the law was not enacted with an improper purpose, intermediate scrutiny was appropriate and the ban was constitutional.

What the decision means for voters and organizations

For Kansas voters, the ruling keeps the state’s restriction on who can provide prefilled ballot‑request forms. Out‑of‑state groups must now send blank applications or rely on other methods to encourage mail voting. The state argues the rule reduces confusion and protects voter confidence.

Groups like VoteAmerica and the Voter Participation Center say the ban limits their ability to help underserved voters. They plan to continue challenging the law and are exploring other ways to assist Kansans, such as promoting online ballot requests, which the groups say would boost turnout and cut costs.

Practical steps for Kansas residents

If you receive a prefilled mail‑in ballot application from an out‑of‑state organization, it may be unlawful under Kansas law. You can still request a mail ballot, but you must fill in your own information or use the state’s official forms. No specific deadline or new filing requirement was mentioned in the ruling.

Stay aware of official Kansas election communications and verify that any ballot‑request form you use complies with state rules. If you are unsure whether a form is permissible, you may contact the Kansas Secretary of State’s office for guidance.

When a lawyer might help

Organizations facing the ban or voters who feel their voting rights have been infringed may want to consult an attorney experienced in election law to assess possible challenges or compliance strategies.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 15, 2026.