UPDATE: 4:05 p.m. In an unexpected twist, Kobach's office is ordering election officials to send out overseas military ballots without a Democratic candidate for U.S. Senate. His office would not say, however, what would happen next if the state Democratic Party eventually nominated a new candidate, as Kobach has said they should.
After his Thursday defeat at the Kansas Supreme Court, Secretary of State Kris Kobach unveiled a new plan to make sure a Democratic candidate is on the ballot in the state's Senate race. He would push back the mailing date for ballots sent to overseas military members and argue under state law that Democrats must name somebody to replace withdrawn nominee Chad Taylor.
But to move the mailing date for overseas military ballots from Sept. 20 to Sept. 27, as Kobach said Thursday that he would, he would need federal approval. And as of Friday afternoon, federal officials told TPM, he hasn't sought it.
The federal MOVE Act requires state election officials to send ballots to overseas military voters 45 days before the election. That would be Sept. 20 this year. States are, however, allowed to request a waiver if an "undue hardship" resulting from a legal contest arises -- and election law experts say that this circumstance would likely qualify.
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