League of Women Voters of Kansas v. Schwab

Summary

The court held that the nonprofit organizations had standing to bring a pre-enforcement challenge to the statute criminalizing conduct that gives the appearance of being, or causes another person to believe someone is, an election official. The statute does not clearly limit criminal liability to constitutionally unprotected fraudulent or deceptive speech, and the plaintiffs' allegations therefore established a credible threat of prosecution sufficient for standing. The court vacated the Court of Appeals' dismissal and remanded for further proceedings without deciding the statute's ultimate constitutional validity or definitive meaning.