Skip to content
Subscribe

Kansas Primary: Unaffiliated Voters May Be Disqualified

Kansas Primary: Unaffiliated Voters May Be Disqualified
Published:

Ballots submitted by unaffiliated voters in the Republican primary for Kansas governor may not be counted, according to Assistant Secretary of State Eric Rucker.

Kansas Secretary of State Kris Kobach currently has a tight 110-vote lead over Governor Jeff Colyer. But the 9,000 uncounted provisional ballots spread throughout 105 counties have not yet been tallied. These make up the votes who may or may not meet the requirements to be considered valid - such as a lack of party affiliation.

The Law Vs. Intent

The state has semi-closed primaries whereby unaffiliated voters must declare a party at the polls, and then vote in that party’s primary if they want to participate. So they may walk in as an independent but must walk away as a party member.

In an email, Rucker cites Kansas election law, “if an unaffiliated voter does not complete a party affiliation document, that voter is not entitled to vote at a party primary election.”

Gov. Colyer’s legal team pushed back on the claim, The Kansas City Star reports:

“Kansas law requires canvassers to look to the intent of the voter” in cases where a poll worker incorrectly tells an unaffiliated voter to cast a provisional ballot, rather than to affiliate and then vote," said in the letter to the Kansas Morning Star on Monday. “Kansas law requires that provisional ballots cast by unaffiliated voters in a primary election be construed as evidence of voter intent and must be counted."

This is just one more feature of the contentious race as the two Republican candidates go head-to-head. Just last week, bowing to public pressure, Kobach tapped Rucker to oversee the race during the campaign.

The counting of provisional and mail-in ballots will now stretch over the next week as the 9,000 provisional ballots are verified or cast aside if they don't meet verification requirements. The deadline is August 20.

A Few Quick Facts:

  • As secretary of state, Kobach appointed top election officials in Johnson and Sedgewick counties, where more than 40 percent of the ballots originate.
  • The secretary of state's office provides guidance. However, the counties handle the ballots and counting.
  • In Kansas, there is an appointed election commissioner in each of the state's four most populated counties  — Johnson, Sedgwick, Shawnee and Wyandotte — and the chief elections officers in the other 101 are elected clerks.
  • The chief elections officer appoints a bipartisan board that handles the ballots.
  • Those workers decide whether the provisional ballots will be counted. The elections chiefs take the recommendations to the county commission to make the final decision.

Adhere to the IVN etiquette

By posting a comment, you agree to adhere to our etiquette rules: No partisan attacks, no personal attacks, substantiate your sources, no self-promotion.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Republish this article

Republishing guidelines

Republish IVN articles for free. Independent Voter News articles may be republished online or in print under a Creative Commons BY-NC-ND 4.0 license, on these terms:

  1. Credit the author and IVN. Keep the byline ("By Author Name, Independent Voter News") and the attribution note at the end, which links to the original.
  2. Keep the meaning. You may update time and place references and apply your house style. You may trim for length, as long as the cuts don't change the meaning or misrepresent the author. Keep the headline. Mark any additions as your own (for example "Additional reporting by ...").
  3. Translations are welcome. Translate faithfully, add "Translated from English by [your outlet]", and tell us at editor@ivn.us.
  4. Keep the links, including the link to the original article.
  5. Keep the tracking image. The HTML includes a 1-pixel image that counts readers on your page. It collects no personal information.
  6. Photos and illustrations. Images credited to IVN may be used with this article only. Images credited to others (AP, Getty, Unsplash, Wikimedia and so on) stay under their owners' terms. Secure the rights or switch "Include images" off.
  7. Don't sell it. You can't sell our articles or sell ads specifically against them. Your normal site advertising is fine.
  8. No implied endorsement. Don't suggest that IVN or the author endorses you, your candidates or your causes, or that donations to you support IVN.
  9. Keep labels. Opinion or analysis pieces keep that label.
  10. Point search engines to the original. Where your CMS allows, set the canonical URL to the original IVN article.
  11. No bulk or automated republishing, and don't submit our articles to aggregators (Apple News, Google News, MSN) as your own.
  12. Corrections and removals. Update your copy when we correct it, and remove it promptly if we ask. We'll contact you at the email you give us.
  13. Questions or print republication: editor@ivn.us.
Preparing the article

Kansas Primary: Unaffiliated Voters May Be Disqualified

Choose a format
  • HTML
  • Email HTML
  • Markdown
  • Formatted (.docx)
  • Plain text
  • WordPress blocks
  • PDF
Choose a platform

Photos credited to others need their owners' permission.

Republishing somewhere else? Questions? editor@ivn.us