Kris Kobach, Vice Chair of the Presidential Advisory Commission on Election Integrity and Kansas Secretary of State, said that the legal challenges against the
commission are rare.
“During the Obama administration, there were 28 presidential advisory committees,” said Kobach. “Under Bush, there were 24. Of all of those more than 50 Presidential commissions, I’m aware of only a couple that were challenged in any lawsuits.”
Five lawsuits have been brought against the Presidential Advisory Commission on Election Integrity.
“You have five lawsuits, one brought by the ACLU, another one brought by the Lawyer’s Committee on Human Rights, trying to stop the commission from even meeting or even beginning any work,” said Kobach. “It’s pretty extraordinary. They’re bringing arguments that are very, I think at the end of the day, they’re very weak argument. There’s a Federal Advisory Commissions Act which requires certain things, that the meetings be open, they be in public, that the records be kept, things like that.”
Kobach considers their arguments to be stretching the meaning of the statute.
“At the end of the day, I don’t think they’re going to succeed,” said Kobach. “The Department of Justice is defending the Commission and I have every confidence that the Commission will prevail in these cases, but, you know, when you bring five lawsuits, it’s like putting five lines in the water and you might find a judge
somewhere who bites and says yeah, I can agree with that argument. They are going to delay the commission and try to stop the fact finding that needs to happen.”
Kobach reiterated that the Commission is not designed to back Donald Trump’s claims that he would have won the popular vote.
“The Commission was not formed to prove or disprove what President Trump said after the election,” said Kobach. “That’s not the Commission’s purpose at all. The commission is bipartisan. We have Republicans and Democrats. In fact, there are four sitting Secretaries of State on the Commission, two Republicans, two Democrats. The Commission’s purpose is just to develop information, put statistics and facts out there and then go where the facts lead us.”
Kobach said the Commission may or may not make recommendations after it meets, but first it needs information before it can begin its work.