05/16/2026
The core dispute in the litigation between the United Kansas Party and the State of Kansas is over “fusion voting” — whether a candidate can legally appear on the ballot as the nominee of more than one political party at the same time.
Kansas has had an anti-fusion law on the books since 1901. That law prevents candidates from accepting nominations from multiple recognized political parties for the same office.
In 2024, after United Kansas Party became an officially recognized political party in Kansas, it nominated several candidates who were also Democratic or Republican candidates, including:
* Jason Probst
* Lori Blake
* J.C. Moore
The Kansas Secretary of State’s office, led by Scott Schwab, informed candidates they would be forced to choose only one party designation for the ballot under existing Kansas law.
In response, United Kansas and several voters/candidates filed lawsuits in Reno and Saline County district courts in July 2024 arguing that Kansas’ anti-fusion law violates the Kansas Constitution’s protections involving:
* free speech,
* political association,
* equal protection,
* and voting rights.
Their broader argument is that fusion voting:
* allows coalition-building,
* gives moderates and smaller parties more influence,
* reduces the “spoiler effect,”
* and creates alternatives to the two-party system without forcing voters to abandon major-party candidates.
The State of Kansas has argued the election system is governed by statute and that Kansas law clearly prohibits dual nominations. The state also argued courts should defer to the legislature rather than rewrite election law judicially.
A Saline County district court dismissed the case in 2025, siding with the state procedurally. United Kansas appealed.
By early 2026, the case had moved to the Kansas Court of Appeals, where judges reportedly questioned whether courts or the legislature should decide the issue. Oral arguments occurred in February 2026.
So at this point:
* the anti-fusion law is still in effect,
* United Kansas has not yet won the right to cross-nominate candidates,
* but the constitutional challenge remains active on appeal.
The litigation is significant because, if United Kansas ultimately wins, Kansas could become one of the few states allowing fusion voting again — potentially changing how centrist or third-party coalitions operate in Kansas politics.
Learn more about the history of Fusion Voting:
At New America, our work spans across five issue areas—each essential to building a nation and a world where everyone can thrive.