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Supreme Court announces timeline to determine validity of state senatorial ...

Timeline includes opportunity for interested persons to submit written statements 

TOPEKA--The Kansas Supreme Court today released a scheduling order that describes the steps to process a petition filed by Kansas Attorney General Derek Schmidt asking the court to determine the validity of state senatorial and representative districts.

No. 125,083: Petition of Derek Schmidt, attorney general, to determine validity of Substitute for Senate Bill 563 provisions reapportioning state legislative districts

The attorney general filed the petition today, April 25, to ask the Supreme Court to determine that the reapportionment of both the state senatorial districts and the state representative districts in the bill are valid. 

Districts defined in Substitute for Senate Bill 563

The redrawn state senatorial and representative districts are defined in Substitute for Senate Bill 563. State board of education maps were also included in the bill, but they are not at issue in the attorney general's petition. 

The congressional map the Legislature adopted in Substitute for Senate Bill 355 also is not at issue in this case. That map relates to districts for U.S. Congress, which are federal offices. 

Kansas Constitution gives 30-day time limit 

The Kansas Constitution requires the Supreme Court to determine the validity of state senatorial and representative districts within 30 days from the date the attorney general filed the petition. 

Within the 30-day period, the court will:

  • accept motions to intervene and motions to file amicus briefs until 5 p.m. Friday, April 29;

  • accept written statements from any interested person until 5 p.m. Monday, May 9; and

  • hear oral argument on the attorney general’s petition at 9 a.m. Monday, May 16

The Supreme Court recommends that anyone who intends to file a motion or submit a written statement review the detailed scheduling order first. 

Motions to intervene, file amicus briefs

Motions to intervene or to file amicus briefs must be filed by 5 p.m. Friday, April 29, and any responses to motions by 5 p.m. two weekdays after the motion file date or by 5 p.m. Tuesday, May 3, whichever is latest. A movant must attach as an exhibit a brief to the motion to intervene or motion to file amicus brief. 

Responses to briefs of an intervenor or an amicus are due by 5 p.m. three weekdays from the date the Supreme Court grants a movant’s request, or by 5 p.m. Tuesday, May 10, whichever is latest.

Written statements  

The Constitution also allows for any interested person to express their views on state senatorial and representative districts in Substitute for Senate Bill 563. The Supreme Court will accept written statements until 5 p.m. Monday, May 9

Written statements may be made on paper or by electronic mail. 

All written statements should include:

  • a title line that states: “View of interested person in case number 125,083”;

  • the name of the person or entity submitting a written statement;

  • a sentence that makes clear whether the statement is about state senatorial districts, state representative districts, or both; and   

  • the reason for the person or entity’s interest in Substitute for Senate Bill 563, an impact statement, or any data the court should consider.

Written statements on paper

The Supreme Court will receive written statements on paper by mail or delivery. 

Written statements must be on 8-1/2” x 11” paper delivered to:

Clerk of the Appellate Courts Kansas Judicial Center 301 SW 10th Ave., Room 107 Topeka, KS 66612

Written statements by email

As an alternative to written statements on paper, the Supreme Court will also accept statements by electronic email to: 

reapportionmentviews@kscourts.org 

The appellate court email system will reject emailed statements that include attachments or hyperlinks. 

If an interested party wants to include an attachment or a web address for an online resource with their statement, they should submit their statement on paper. 

Written statement part of public record

The clerk of the appellate courts will file written statements in the case record. Any personally identifiable information--including email address, home address, or phone number--will become part of the public case record. 

Anyone who submits a written statement certifies their statement is proper for the intended purpose to the best of their knowledge, information, and belief.  

Any party to this case may file a response to any written statement no later than 5 p.m. Thursday, May 12. A response may refer to multiple written statements. A party is not required to file separate responses to each written statement. 

Oral argument

The court will hear oral argument in this case at 9 a.m. Monday, May 16, in the Kansas Supreme Court courtroom. The court will permit only the Office of the Attorney General and any intervenors to present oral argument. 

The court will livestream oral argument on its YouTube channel at www.YouTube.com/KansasSupremeCourt

Case information page

A case information page has been set up on the Kansas judicial branch website at www.kscourts.org/125083/Reapportionment to give public access to court orders and party filings. 

Written statements submitted by interested persons will not be available on the case information page, but they may be accessed using public access terminals in the Kansas Judicial Center.