In fall 2010, Kansas Secretary of State Kris Kobach held a press conference alleging that dead people were voting in the state. He singled out Alfred K. Brewer as a possible zombie voter. There was only one problem: Brewer was very much alive. The Wichita Eagle found the 78-year-old working in his front yard. “I don’t think this is heaven, not when I’m raking leaves,” Brewer said.
Since his election in 2010, Kobach has been the leading crusader behind the myth of voter fraud, making headline-grabbing claims about the prevalence of such fraud with little evidence to back it up. Now he’s about to become a lot more powerful.
On Monday, Kansas Governor Sam Brownback signed a bill giving Kobach’s office the power to prosecute voter-fraud cases if county prosecutors decline to do so and upgrading such charges from misdemeanors to felonies. Voters could be charged with a felony for mistakenly showing up at the wrong polling place. No other secretary of state in the country has such sweeping prosecutorial power, says Dale Ho, director of the ACLU’s Voting Rights Project.
“It means a person and an office with no experience or background in criminal prosecutions is now going to be making a determination of whether there’s probable cause to bring a criminal case against an individual who may have just made a paperwork mistake,” Ho says. “There is a reason why career prosecutors typically handle these cases. They know what they’re doing.”
Kobach claims there are 100 cases of “double voting” from the 2014 election that he wants to prosecute, but there’s been scant evidence of such fraud in Kansas in past elections. From 1997 to 2010, according to The Wichita Eagle, there were only 11 confirmed cases of voter fraud in the state.
Such fraud has been just as rare nationally, even according to Kobach’s own data, noted The Washington Post:
Kansas’ secretary of state examined 84 million votes cast in 22 states to look for duplicate registrants. In the end 14 cases were referred for prosecution, representing 0.00000017 percent of the votes cast.
Kobach says he needs this extraordinary prosecutorial power because county and federal attorneys are not bringing enough voter-fraud cases. But Kansas US Attorney Barry Grissom said last year that Kobach’s office had not referred any cases of voter fraud to his office. “We have received no voter fraud cases from your office in over four and a half years,” Grissom wrote to Kobach.