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Governor Kelly files lawsuit against AG Kobach over alleged misuse of state funds

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  Published in Politics and Government on Thursday, November 20th 2025 at 5:49 GMT by The Topeka Capital-Journal

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Kansas Governor Laura Kelly’s Legal Challenge Against Attorney General Kris Kobach: A Political Tipping Point

In a move that could reshape the balance of power in Kansas, Governor Laura Kelly has filed a lawsuit against Attorney General Kris Kobach, accusing the GOP‑led office of overstepping its authority and threatening to disrupt the state’s political equilibrium. The action, detailed in a recent article on the Topeka Capital‑Gazette, marks the latest chapter in a long‑running feud between the two state leaders and raises questions about the future of Kansas politics, the rule of law, and the viability of bipartisan governance.

Background: A Prolonged Rivalry

The conflict between Kelly and Kobach is not new. Since taking office in 2019, Kelly has championed progressive policies on voting rights, Medicaid expansion, and climate action, while Kobach—formerly the U.S. Secretary of Homeland Security for Immigration Services and a former U.S. Representative—has championed stricter immigration controls and restrictive voting measures. Their differences have already manifested in several high‑profile battles: Kelly’s veto of a bill that would have mandated in‑person voter registration, Kobach’s push for a “voter ID” law that would have required a Kansas resident’s photo ID for every election, and the Governor’s repeated attempts to overturn a court ruling that found the voter ID measure unconstitutional.

The legal battle now centers on a newly filed suit by Kelly that alleges Kobach is unlawfully seizing funds from the state’s general fund and directing them toward political initiatives that are not aligned with the state’s budgetary priorities. The lawsuit claims that Kobach’s office has been using “off‑balance‑sheet” accounting practices to divert money to his own campaign infrastructure and to fund partisan legal challenges. In effect, Kelly argues that the Attorney General’s office is being used as a political tool rather than as an impartial guardian of the state’s laws.

The Legal Arguments

According to the filing, the Governor’s case rests on several key points:

1. Violation of the Kansas Constitution: The lawsuit asserts that Kobach’s appropriation of funds without legislative approval contravenes Article III, Section 3, which stipulates that the state’s fiscal decisions must be made with the Legislature’s consent.

2. Misuse of Public Funds: By redirecting state money toward private political purposes, Kobach’s office allegedly breaches the fiduciary duty that every state official owes to Kansas taxpayers.

3. Violation of the Rule of Law: The lawsuit argues that Kobach’s practice of using the Attorney General’s office to pursue partisan litigation—particularly in matters like the voter ID law—is a form of political coercion that undermines the separation of powers.

Kelly’s legal team has requested an emergency injunction that would halt the Attorney General’s ability to allocate state funds without a court‑ordered review. They also seek a formal declaration that Kobach’s practices are illegal and demand a full audit of the Attorney General’s office.

Political Reactions

The suit has elicited a wide spectrum of responses. The Democratic Party has largely welcomed the move, with several state legislators calling it a necessary check on Kobach’s influence. “Governor Kelly is standing up for the people of Kansas against a political machine that has repeatedly tried to use the Attorney General’s office for partisan ends,” said State Senator Lisa Thomas.

On the other hand, Republicans have rallied in defense of Kobach, painting the lawsuit as a partisan attack. “This is a political stunt by the Governor to intimidate a law‑enforcement official who has been working tirelessly to keep our borders safe,” said Republican State Representative Frank Morales. The Republican Party’s state committee issued a statement affirming Kobach’s right to exercise his duties and accusing Kelly of violating the state’s political norms.

The lawsuit also drew attention from national political commentators. Some analysts likened the conflict to a “court‑room version of a presidential impeachment” – albeit at the state level – highlighting how the legal mechanisms can be used to challenge political adversaries. Others cautioned that such legal wrangling risks eroding public trust in state institutions, especially when the judiciary becomes a battleground for partisan politics.

Implications for Kansas Governance

If the lawsuit proceeds, it could have several far‑reaching consequences:

• Judicial Scrutiny: The case will force Kansas courts to examine the extent of the Attorney General’s authority over budgetary decisions. A ruling that limits Kobach’s power could set a precedent for how state attorneys general can be checked.

• Political Polarization: The lawsuit is likely to deepen the partisan divide in Kansas. While some see it as a rightful defense of constitutional governance, others view it as an escalation that could lead to a political stalemate.

• Public Perception of State Offices: The conflict could affect how citizens perceive the impartiality of state agencies. If the court sides with the Governor, it may restore faith in the Attorney General’s office as a neutral entity; if it sides with Kobach, it may reinforce claims that the office has become a partisan tool.

Related Legal and Policy Context

The article also referenced earlier legal battles involving the Attorney General’s office. In 2022, Kobach was sued by the state’s education department over a lawsuit he filed against the Department of Labor and Workforce Development. That case was dismissed for lack of jurisdiction, further complicating the legal landscape.

Additionally, the article highlighted a 2023 audit by the Kansas State Auditor that uncovered “significant accounting irregularities” in the Attorney General’s office, although the findings were not yet publicly disclosed. If these allegations are confirmed, they could provide ammunition for Kelly’s case and amplify concerns about fiscal mismanagement.

Looking Forward

The next few weeks will be crucial. The court has scheduled a preliminary hearing for early December, during which both sides will present their arguments regarding the injunction request. Meanwhile, both Governor Kelly and Attorney General Kobach are expected to release public statements in the coming days to rally their respective bases and to shape the narrative.

Should the court rule in favor of the Governor, it could compel a re‑evaluation of how state funds are distributed and how the Attorney General’s office operates. Conversely, a ruling in favor of Kobach might embolden him to continue his legal challenges against the Governor and to further consolidate his influence over state law‑making.

In either outcome, the lawsuit will serve as a reminder that the political health of Kansas hinges on the integrity of its institutions and the balance between law and politics. The state’s ability to navigate this fraught intersection will likely determine whether Kansas can remain a model of cooperative governance or become a cautionary tale of partisan conflict overriding public interest.