A summons was issued to Kansas Secretary of State Kris Kobach on Thursday, according to records from the U.S. District Court of the Eastern District of Kansas.
A federal judge was also assigned to the case Thursday involving a lawsuit filed by two Douglas County voters over the state’s voter roll case, records show.
Kobach’s new administrative rule is the center of the lawsuit.
The rule requires county election officials to remove anyone whose voter registration form has been incomplete for more than 90 days from the voter roll.
The lawsuit filed Wednesday accuses Kobach of "purging" over 36,000 residents in an effort to suppress voter turnout.
Paul Davis, who ran against Kansas Gov. Sam Brownback, is representing the two voters in the lawsuit.
"Nearly 40,000 Kansans are at risk of being kicked off the voter rolls on Friday by Secretary of State Kris Kobach," Davis said in a statement. "Our friends, neighbors, and even some Kansans serving our country in uniform are at risk."
Kobach’s office issued a statement Thursday morning about the lawsuit.
“Unfortunately for Davis, the lawsuit filed against Secretary Kobach does not represent the reality of the law,” his office said.
His office also said the rule does not violate the federal law.
“The process of discarding incomplete voter registrations after 90 days does not violate the National Voter Registration Act,” the statement continued. “In order to be added to the voting rolls to begin with one must complete the registration process; if the citizen has started but not completed their registration within 90 days they will have to begin the process over again which involves filling out a half page form and providing proof of citizenship."
The rule takes effect on Friday, Oct. 2.