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 Condition Scott Schwab. Schwab is supporting a condition constitutional modification to transform how Kansas counts school and army staff for the purposes of redistricting.


Kansas’ top elections official violated the state’s open up documents law when he experienced office environment pc application altered so that it could no more time generate info sought by a voting-rights advocate, the point out Court docket of Appeals dominated Friday.

The final decision directed a demo courtroom judge to order Secretary of State Scott Schwab to reverse the computer software transform in the state’s voter registration method so that it can yet again create a statewide report on provisional ballots. Voters receive provisional ballots if they don’t surface to be registered, fail to current essential identification or check out to vote at the mistaken polling put. Their ballots are established apart to be reviewed later by nearby officers, who decide no matter if they will be counted.

Davis Hammet is founder of the voting-legal rights group Loud Light-weight, which assists voters correct difficulties that led them to cast provisional ballots so that their votes are counted. It also researches voting-rights challenges and lobbies the Legislature.

Hammet initial sought the information soon after the 2018 common election, then yet again frequently in 2020. Schwab’s business office furnished it totally free of cost until eventually the slide of 2020, when Schwab had the seller keeping the voter registration procedure convert off the aspect that produces the stories.

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

Problems from voting-rights advocates about how provisional and mail-in ballots are handled grew during the tenure of Schwab’s predecessor, conservative Republican Kris Kobach, an advocate of rigid voter ID rules. In 2016, Kansas threw out at least a few instances as many ballots as likewise sized states.

A political outcry around hundreds of discarded mail-in ballots statewide in the 2018 main — when Kobach gained the GOP nomination for governor by 343 votes — led to a 2019 legislation requiring election officers to notify voters just before their mail-in ballots are thrown out for the reason that of difficulties with signatures.

While Hammet praised Friday’s ruling and predicted it will enable many others trying to get condition paperwork, he reported it was annoying to have to go to court docket to get documents that enable his team pinpoint prospective issues in how provisional ballots are managed.

“It aids us create much better state legislation,” Hammet reported. “We ended up shut off from accomplishing that.”

Schwab is managing in the Aug. 2 Republican major in opposition to a challenger from his proper who promotes baseless election fraud theories and accuses Schwab of not currently being transparent. A Schwab spokesperson stated in e mail that his office was reviewing the decision.

The secretary of point out argued in 2019 that provisional ballot experiences contained confidential information and facts and have been not general public information. Hammet sued him, and District Decide Teresa Watson in Shawnee County declared the experiences public records. Schwab turned experiences over to Hammet many instances.

The secretary of condition experienced the voter registration system’s software program altered in September 2020. When Hammet asked for a further report about 3 months later on, Schwab’s office environment instructed he get the data from the vendor — at a cost of $522.

When Hammet sued Schwab again, Watson sided with Schwab and declared that the potential to generate the report was not a general public document by itself.

But the Courtroom of Appeals panel said the improve did not outcome from a software upgrade or malfunction and Schwab was “choosing to conceal rather than reveal public information.”

Although Schwab has discretion in working his office, the appeals panel claimed, “Public officers have to also respect the community policy formulated by the Legislature.”


This tale was up to date to appropriate the spelling of Davis Hammet’s past name in 3 scenarios in which it had been misspelled “Hammett.”


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