For weeks, KVOE News has told you the 3-day grace period for advance mail ballots in Kansas had been eliminated, with fears of ballots not reaching county courthouses in time to count in a given election cycle.
That grace period has been reinstated, at least temporarily — but in Lyon County, it’s not leading to any procedural change at this time.
Douglas County District Court has granted a temporary injunction blocking Senate Bill 4, the bill the Kansas Legislature passed last year to end the grace period starting with the primary election next month. Kansas Appleseed says the injunction immediately returns the grace period to the August primary cycle, meaning advance mail ballots can count if they are postmarked by Election Day and returned to a county election office by the Friday following — in this case Aug 7.
The ruling from Judge Carl Folsom indicates the plaintiffs, including 3 voters, the Disability Rights Center of Kansas, Kansas Appleseed Center for Law and Justice and Loud Light, were likely to have their claims substantiated that Senate Bill 4 violates guarantees of equal protection, due process and the right to vote as covered in the Kansas Constitution. The ruling also says SB 4 would disenfranchise voters based on postal issues out of a voter’s hands.
This ruling also follows a US Supreme Court decision in Watson v Republican National Committee that dismissed the thought that federal election-day laws mean states can’t count ballots postmarked by an election day but received later.
Kansas had used a 3-day grace period for advance mail ballots since 2017.
While this is supposed to be immediate, Lyon County Clerk and Election Officer Amie Jones says she has been directed by Kansas Secretary of State Scott Schwab to not change any procedures or documents until Schwab’s office has additional information and instructions. Jones has also referred questions about procedure to the Secretary of State’s office. Schwab’s response to the ruling: “The primary election has started, and ballots have gone out with the instructions of there not being a three-day grace period. I am sorry Judge Folsom once again did not get picked for the Kansas Supreme Court, but to take his bitterness out on voters is immature. This hurts voters.” Schwab has appealed, while Kansas Attorney General Kris Kobach says he will also appeal.
