The day after Coldwater, Kansas, Mayor Joe Ceballos was reelected to a second four-year term this week, Kansas Attorney General Kris Kobach filed election fraud charges against him. Ceballos, 54, is not a U.S. citizen, but he is not in the country illegally; “he is a legal permanent resident of the United States and a citizen of Mexico,” Kobach said.
“In Kansas, it is against the law to vote if you are not a U.S. citizen. We allege that Mr. Ceballos did it multiple times,” Kobach said in a statement.
Ceballos faces three counts of voting without being qualified and three counts of election perjury. The charges are “nonperson felonies” that could cost Ceballos more than five years in prison. He is alleged to have voted at least in the 2022 and 2023 general elections and the 2024 primary election, although he has apparently been registered to vote since 1990.
He was not charged for holding office, although it is a problem.
“Kansas law at KSA 15-209 requires a city officer to be a qualified elector. And being a qualified elector requires that person to be a United States citizen,” Kobach said during a press conference. “It is not a criminal offense to be in violation of that law, but it is worth noting.”
According to KWCH, Ceballos ran unopposed for his second term in Coldwater, population 687. The rural town is an hour outside of Dodge City and more than 200 miles from the nearest major city, Oklahoma City.
“State law generally requires that candidates for elected city office must be a qualified elector, or eligible to vote, and be a resident of the city,” Kobach’s statement reads. “However, cities have home rule power. It will be up to the city attorney to decide whether Ceballos is eligible to continue in his role as mayor.”
Coldwater City Attorney Skip Herd told local television outlet KWCH that Ceballos “is a green card holder and there were red flags raised with his interest in pursuing permanent citizenship. ‘He’s been a registered voter since 1990. He applied for citizenship in February of this year, and through that, raised the issue of whether he was a legal citizen,’ Herd said.”
According to KWCH, Coldwater officials decided that Ceballos can finish his term, which ends in two months, and, unless his citizenship is approved during that time, council President Britt Lenertz will be named mayor.
“While the recent allegations involving the mayor are understandably concerning, we will allow the proper legal process to take its course before making any further comments. It’s important that we respect both due process and the integrity of our local government,” Lenertz posted on Coldwater’s Facebook page.
Kobach and Kansas Secretary of State Scott Schwab are using the moment to highlight the problem of noncitizens registering to vote and participating in U.S. elections.