Court: Kansas election chief’s software change violated law

Jean J. Sanders

Kansas Secretary of State Scott Schwab. Schwab is supporting a state constitutional amendment to change how Kansas counts college and military personnel for the purposes of redistricting.

Kansas Secretary of State Scott Schwab. Schwab is supporting a condition constitutional amendment to change how Kansas counts college or university and armed service staff for the applications of redistricting.


Kansas’ top rated elections official violated the state’s open records law when he experienced business office computer software altered so that it could no extended make info sought by a voting-rights advocate, the condition Court of Appeals ruled Friday.

The selection directed a trial courtroom decide to get Secretary of Condition Scott Schwab to reverse the software program change in the state’s voter registration procedure so that it can yet again deliver a statewide report on provisional ballots. Voters acquire provisional ballots if they do not seem to be registered, fail to present needed identification or attempt to vote at the erroneous polling position. Their ballots are established aside to be reviewed later on by community officers, who identify irrespective of whether they will be counted.

Davis Hammet is founder of the voting-rights group Loud Mild, which helps voters fix concerns that led them to solid provisional ballots so that their votes are counted. It also researches voting-legal rights concerns and lobbies the Legislature.

Hammet first sought the details following the 2018 normal election, then once again frequently in 2020. Schwab’s office environment provided it free of charge of charge right up until the fall of 2020, when Schwab experienced the seller preserving the voter registration system transform off the aspect that provides the reports.

“The report feature could have been of no use to the Secretary but it was valuable to Hammet and the community,” Judge Stephen Hill wrote for the three-member appeals panel. “And that is the level of open up community records.”

Problems from voting-rights advocates about how provisional and mail-in ballots are managed grew for the duration of the tenure of Schwab’s predecessor, conservative Republican Kris Kobach, an advocate of demanding voter ID regulations. In 2016, Kansas threw out at least three moments as numerous ballots as equally sized states.

A political outcry in excess of hundreds of discarded mail-in ballots statewide in the 2018 key — when Kobach won the GOP nomination for governor by 343 votes — led to a 2019 regulation demanding election officials to notify voters right before their mail-in ballots are thrown out due to the fact of issues with signatures.

Whilst Hammet praised Friday’s ruling and predicted it will enable others looking for condition paperwork, he mentioned it was annoying to have to go to court to get records that assist his group pinpoint possible issues in how provisional ballots are dealt with.

“It assists us generate far better condition guidelines,” Hammet stated. “We were shut off from performing that.”

Schwab is functioning in the Aug. 2 Republican primary versus a challenger from his ideal who encourages baseless election fraud theories and accuses Schwab of not remaining clear. A Schwab spokesperson claimed in email that his business office was examining the determination.

The secretary of point out argued in 2019 that provisional ballot studies contained confidential information and facts and were not public documents. Hammet sued him, and District Decide Teresa Watson in Shawnee County declared the experiences general public information. Schwab turned stories around to Hammet various moments.

The secretary of point out had the voter registration system’s software altered in September 2020. When Hammet requested yet another report about a few weeks later, Schwab’s business office suggested he get the details from the vendor — at a expense of $522.

When Hammet sued Schwab once more, Watson sided with Schwab and declared that the potential to generate the report was not a public record alone.

But the Courtroom of Appeals panel explained the transform did not final result from a software package improve or malfunction and Schwab was “choosing to conceal somewhat than reveal public documents.”

Although Schwab has discretion in running his workplace, the appeals panel mentioned, “Public officials must also respect the community policy formulated by the Legislature.”


This story was up-to-date to correct the spelling of Davis Hammet’s very last identify in three occasions in which it experienced been misspelled “Hammett.”


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