Court: Kansas election chief’s software change violated law

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 state constitutional amendment to alter how Kansas counts school and military services staff for the functions of redistricting.


Kansas’ best elections formal violated the state’s open up data law when he had office laptop software package altered so that it could no longer deliver data sought by a voting-rights advocate, the condition Court docket of Appeals ruled Friday.

The decision directed a demo courtroom choose to get Secretary of Point out Scott Schwab to reverse the computer software change in the state’s voter registration method so that it can all over again make a statewide report on provisional ballots. Voters obtain provisional ballots if they never surface to be registered, fall short to existing expected identification or try to vote at the improper polling area. Their ballots are established aside to be reviewed afterwards by area officials, who decide whether they will be counted.

Davis Hammet is founder of the voting-legal rights team Loud Gentle, which aids voters repair problems that led them to forged provisional ballots so that their votes are counted. It also researches voting-legal rights issues and lobbies the Legislature.

Hammet to start with sought the information after the 2018 standard election, then all over again consistently in 2020. Schwab’s office offered it totally free of cost till the slide of 2020, when Schwab experienced the seller maintaining the voter registration process change off the aspect that provides the reports.

“The report characteristic might have been of no use to the Secretary but it was valuable to Hammet and the community,” Decide Stephen Hill wrote for the 3-member appeals panel. “And that is the place of open general public records.”

Concerns from voting-legal rights advocates about how provisional and mail-in ballots are handled grew through the tenure of Schwab’s predecessor, conservative Republican Kris Kobach, an advocate of stringent voter ID legislation. In 2016, Kansas threw out at the very least three instances as a lot of ballots as likewise sized states.

A political outcry over hundreds of discarded mail-in ballots statewide in the 2018 primary — when Kobach received the GOP nomination for governor by 343 votes — led to a 2019 legislation requiring election officers to notify voters before their mail-in ballots are thrown out since of problems with signatures.

While Hammet praised Friday’s ruling and predicted it will enable other folks looking for condition paperwork, he said it was aggravating to have to go to court to get records that enable his group pinpoint possible problems in how provisional ballots are managed.

“It can help us make superior state regulations,” Hammet explained. “We had been shut off from accomplishing that.”

Schwab is running in the Aug. 2 Republican major versus a challenger from his proper who promotes baseless election fraud theories and accuses Schwab of not being clear. A Schwab spokesperson claimed in email that his business was reviewing the decision.

The secretary of state argued in 2019 that provisional ballot experiences contained confidential facts and have been not public data. Hammet sued him, and District Choose Teresa Watson in Shawnee County declared the stories community records. Schwab turned stories in excess of to Hammet a number of moments.

The secretary of state had the voter registration system’s application altered in September 2020. When Hammet requested a further report about three weeks later on, Schwab’s business prompt he get the facts from the vendor — at a expense of $522.

When Hammet sued Schwab once more, Watson sided with Schwab and declared that the skill to make the report was not a public document alone.

But the Courtroom of Appeals panel claimed the alter didn’t result from a software upgrade or malfunction and Schwab was “choosing to conceal rather than expose community information.”

When Schwab has discretion in operating his business, the appeals panel claimed, “Public officials will have to also regard the public plan formulated by the Legislature.”


This tale was current to proper the spelling of Davis Hammet’s very last identify in a few instances in which it had been misspelled “Hammett.”


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