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THE UNIVERSITY DAILY KANSAN
WEDNESDAY, SEPTEMBER 17, 2014
PAGE 3
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Kansas Supreme Court has yet to make decision in Taylor, Kobach suit
ALLISON KITE
@Allie, Kite
ASSOCIATED PRESS
Kansas Secretary of State Kris Kobach listens to arguments before the Kansas Supreme Court on Tuesday in a petition by Democrat Chad Taylor to remove his name from the ballot after he withdrew from the U.S. Senate race. Kobach, a Republican, ruled that Taylor's name must remain on the ballot because he didn't comply with state election law.
Arguments in Tuesday's Kansas Supreme Court hearing regarding Chad Taylor's lawsuit against Kris Kobach revolved around interpretation of Kansas election law.
The way the Kansas Supreme Court interprets KSA 25-306b(b), which requires candidates to declare themselves incapable of service in order to withdraw, will determine whether or not Taylor will be removed from the ballot for the Nov. 4 race.
Taylor, the Democratic candidate for U.S. Senate, petitioned the court to require that Kris Kobach remove his name from the ballot after Kobach refused to do so Sept. 4.
Taylor's attorney, Pedro Irigonegaray, argued that Taylor met the requirement by including the phrase, "pursuant to KSA 25-306b(b)," in his letter of withdrawal submitted Sept. 3. Irigonegaray said that the phrase was sufficient because the statute doesn't require any particular language. In a supplemental memorandum,
he said the letter "was more than sufficient to make known, signify, or show Petitioner's intention to withdraw based on his incapability of fulfilling the duties of office if elected."
The opposition disagreed Kobach's attorney Edward Greim fought back against the assertion that the phrase, "pursuant to," was sufficient as a declaration of incapability.
"Citing something is not the same as making a declaration," Greim said.
Both parties argued over the form in which the declaration had to come. While Irigonegaray said the statute didn't specify that the declaration had to be in writing, Greim argued that the declaration had to be in writing.
In addition, the question of whether or not the secretary of state should be able to use discretion in cases like Taylor's was also hotly debated.
While Irigonegaray said no, Greim said yes, citing a letter that was accepted by the secretary, which was included in the documents filed by Kobach and his attorney.
The letter, which was filed by Miranda Rickel to withdraw from the 5th district Kansas
House of Representatives race, was received and accepted by the secretary of state's office the same day as Taylor's, Sept. 3.
Although the letter did not explicitly say that Rickel would be unable to serve if elected, it described her concerns and said serving would be "nearly impossible," which Greim called tantamount to
declaring inability. Greim argued that cases like Rickel's required the secretary of state's discretion.
"He needs to have discretion when someone doesn't just use the language of the statute," Greim said.
Taylor's hearing fell just two days before candidates have to be finalized to mail absentee ballots, which puts the court,
who has yet to rule on the matter, on a tight deadline.
Ballots must be finalized by Sept. 18, and in the event that Taylor is removed from the ballot, the Democratic Party will have to nominate a new candidate by Friday, leaving would-be Taylor voters without their first choice.
KU1nfo
Edited by Kelsie Jennings
Happy birthday, UDK! The first official issue of the paper, then titled "Semi-Weekly Kansan," appeared on campus 110 years ago today. It became the Daily Kansan just over seven years later.
ASSOCIATED PRESS
Lonnie and Sandy Phillips, parents of Jessica Ghawi, who was killed in the July 20, 2012, Colorado theater shootings, filed a lawsuit Tuesday accusing four online retailers of improperly selling items used in the attack.
Theater shooting victim's parents sue ammo seller
ASSOCIATED PRESS
DENVER — The parents of a woman killed in the Colorado theater shootings filed a lawsuit Tuesday accusing four online retailers of improperly selling ammunition, tear gas, a high-capacity magazine and body armor used in the attack.
The lawsuit alleges it was illegal and negligent to sell the gear to James Holmes, who is accused of killing 12 people and injuring 70 in the July 20, 2012, attack.
It says the companies had no safeguards to keep dangerous people from buying their goods.
"It was highly foreseeable to (the) defendants that their potential customers included persons with criminal intent, including persons such as James Holmes," the lawsuit says.
The suit was filed by Sandy and Lonnie Phillips of San Antonio, whose daughter, Jessica Ghawi, was among the dead.
"We're putting them on notice." Lonnie Phillips said at a news conference in Denver. "We're coming after you."
The lawsuit renews the gun control debate in the courts at a time when advocates of tighter restrictions have been relatively quiet in state and national politics, wary of motivating gun-rights voters to turn out in greater numbers.
After Colorado passed gun control laws in 2013, voters ousted two lawmakers who supported the measures. A third resigned to avoid a possible recall.
Ghawi, 24, was an aspiring sports journalist who had moved from Texas a year earlier. Less than two months before her death, she had survived a shooting at a Toronto mall that left two people dead and several wounded.
Named as defendants in the case are Lucky Gunner of Knoxville, Tenn., Bullet Proof Body Armor of Tempe, Ariz., BTP Arms of New Oxford, Penn., and the Sportsman's Guide of South St. Paul, Minn. None of the companies immediately returned telephone messages seeking comment.
Her parents are represented by attorneys for the Brady Center to Prevent Gun Violence and two Denver lawyers.
The lawsuit says Holmes bought at least 4,300 rounds of ammunition from Lucky Gunner's website, bulkammo.com, and 700 rounds of ammunition and a 100-round magazine from the Sportsman's Guide website.
The 100-round magazine was one factor that prompted Colorado in 2013 to ban the sale of magazines that hold more than 15 rounds. Investigators have said Holmes' 100-round magazine jammed during the attack, preventing even more bloodshed.
It says Holmes bought two tear gas grenades from BTP Arms and four pieces of body armor from bulletproofbodyarmorhq.com.
ic rifle and other equipment from other retailers that are not named as defendants.
Prosecutors said Holmes also bought two handguns, a shotgun, a semi-automat-
Dave Kopel, research director for the Independence Institute, a conservative-leaning Colorado think tank, said the suit will have a difficult time overcoming a federal law that protects the legal manufacture and sale of weapons and ammunition.
Previous lawsuits have attempted but failed to overturn the 2005 Protection of Lawful Commerce in Arms Act, said Kopel, an attorney who represents 53 Colorado sheriffs trying to overturn Colorado's 2013 gun laws. They are appealing a federal judge's ruling against them.
Holmes pleaded not guilty by reason of insanity to multiple counts of murder and attempted murder. Prosecutors are seeking the death penalty. His trial is scheduled to begin with jury selection on Dec. 8.
Holmes' attorneys do not comment publicly because of a gag order issued by the judge in the criminal case against him.
ASSOCIATED PRESS
KANSAS CITY, Mo. Doctors were trying Tuesday to awaken a suburban Kansas City teenager who was put in a medically induced coma after a police officer critically injured him with a stun gun in an incident the FBI is investigating.
Bryce Masters, 17, of Independence, is being treated for a lack of oxygen to the brain that occurred when his heart stopped after he was shocked Sunday afternoon, his family members said Tuesday in a statement released through their attorney, Daniel Haus.
Teen critical from stun gun; FBI investigates case
Haus said the family contacted the FBI's Kansas City office, which is now looking into whether excessive force was used during the traffic stop. Masters' father is a Kansas City police officer, but FBI spokeswoman Bridget Patton said Tuesday that the case isn't being given special treatment because of that.
She said the FBI looks into all allegations of excessive force by a law enforcement officer that are brought
In a statement Monday asking the U.S. Department of Justice to investigate the matter, the family said it was "because of significant inconsistencies between public statements made by the Independence Police Department and information made available to the family in the form of statements of eyewitnesses and video and audio footage of the occurrence."
Masters was pulled over because of a warrant attached to the license plate of the car he was driving, Independence police said. The vehicle did not belong to Masters, and there was no warrant out for him, police spokesman Tom Gentry said.
to its attention.
During the stop, Masters became uncooperative and physically resisted getting out of the car as Officer Tim Runnels had demanded, police said. At that time, the officer used the stun gun on the teen, they said.
The confrontation continued outside the car, with both Masters and Runnels falling to the ground. The teen then suffered a
"medical emergency" and needed resuscitation, which prompted a call for an ambulance, police said.
Masters' family on Tuesday said the probes from the stun gun struck him about 6 inches apart "in close proximity to his heart."
The teen was put in a medically induced coma, the family said, and efforts began Monday night to bring him out of it. The family said it is guardedly optimistic, though it's too early to know the long-term effect of his injuries.
In its statement, the family stressed that the teen was not being treated for head trauma related to a fall or being struck. Witnesses told police they saw the officer drop Masters on the concrete, causing him to hit his head.
Runnels has been placed on administrative leave while Independence police investigate.