BREAKING: Kansas Supreme Court Orders State to Remove Democrat's Name from Ballot in Senate Race

[happyslug]

43. The court addressed that issue on one paragraph of their opinion

With this determination, we need not consider the parties' numerous other arguments. Nor do we need to act on Kobach's allegation that a ruling for Taylor would require the Kansas Democratic Party State Committee to name his replacement nominee per K.S.A. 25-3905. The Kansas Democratic Party is not a party to this original action, and this court does not issue advisory opinions. Gannon v. State, 298 Kan. at 1119.

http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140918/112431.pdf

In simple terms the Court said it would NOT rule on that issue UNLESS it comes before them in a separate action. The Democratic Party of Kansas was NOT a party to this action and as such the court can NOT order them to do anything. If it was permitted to give "advisory" opinions, which some state permit their courts to do, then it could make such an advisory opinion, but like the Federal Courts, the Kansas courts can NOT give such advisory opinions, only opinions where there is an actual issue in litigation and then restricted to that issue.