TOPEKA — Mail-in ballots arriving three days after the November general election will still count in Kansas, an appellate court ruled, citing the need to make sure no votes are lost.
It was the latest ruling in a court battle between Secretary of State Scott Schwab and Kansas Appleseed, along with Kansans who believe a 2025 statute eliminating a three-day grace period for mail-in votes violates their constitutional rights.
“Right now, where we’re at is everything is the same as it was for the primary,” said Nicki Rose, legal director for Kansas Appleseed Center for Law and Justice.
The statute changed state law to say only advance ballots received by 7 p.m. on Election Day would be counted.
“When considering important constitutional challenges concerning election procedure and faced with an upcoming election, courts must be careful to avoid rulings that could cause votes to be lost,” said a Friday ruling from Chief Judge Sarah Warner and Judges Stephen Hill and Kim Schroeder.
Schwab had asked the Kansas Court of Appeals to stay an injunction that forced the state to continue accepting mail-in votes for three days after the election while the court cases proceeded.
Douglas County District Judge Carl Folsom issued the injunction before the August midterms to stop enforcement of the new statute, based on his belief plaintiffs were “substantially likely” to succeed at trial.
“Considering the Secretary’s preliminary showing on the merits, the State’s asserted injuries, the irreparable consequences a stay could impose on voters, the public interest, and the rapidly approaching election calendar, we conclude that the Secretary has not met his burden to demonstrate that the temporary injunction should be suspended while this appeal proceeds,” the appeals court ruling said.
The court on Friday agreed to Schwab’s motion to fast-track the appeal but said that still wouldn’t occur on the timetable Schwab requested. He asked the court to hear arguments before Oct. 14, when mail-in ballots would be sent to voters.
Rose said this case is important because of the potential effects on Kansas voters, especially those who live in rural areas, people who are disabled and the elderly, many of whom rely on mailing in their ballots.
“Even Secretary Schwab said himself, prior to the passage of the law we’re dealing with here, that we have a large amount of mail-in ballots, typically, and as a state, we have handled them very well,” she said. “It’s an important access point, particularly for a state with our makeup, geographically and demographically.”
This story previously appeared on the Kansas Reflector.
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