Kansas Recount Laws

This information was initially released on October 21, 2010. Note: While many of our states were reviewed by Secretary of State and/or others familiar with state recount laws, we were unable to procure a review of our information for Kansas by the launch of our database. Please check back for possible updates.

Voting System Used: 

Mixed paper ballot and DREs with and without VVPAT For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount, retabulation and electronic review There are multiple parts of Kansas law providing instruction on the counting method for recounts. In general, the same counting method used during the initial canvass is to be used again, unless the recount initiator specifically requests that the recount be conducted by hand. Given the variety of voting systems used in Kansas, this results in a mixture of recount, retabulation, and electronic review. The Secretary of State's Kansas Election Standards states the following: “It is important to note that conducting a recount means simply repeating the procedure that produced the original vote totals, with the exception that optically scanned ballots might be hand counted, depending on the request made.” See Chapter III, “Canvassing,” page 26: http://www.kssos.org/forms/elections/election_standards/ChapIIICanvassin.... It should be noted that some jurisdictions in Kansas also use direct-recording electronic machines (DREs) without a voter-verified paper audit trail (VVPAT), meaning that only an electronic review can be conducted for these votes. “Repeating the procedure that produced the original vote totals” consists only of reprinting the report from the machine. The Kansas Statutes further clarify that the counting method used during the initial canvass is to be used again for ballots tabulated on optical scanners and for votes cast and tabulated on DREs. See Chapter 25, “Elections,” Section 25-4413, “Same; recount of ballots”: http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=14110. However, election officials are allowed to direct that the count be done by hand, “if for any reason it becomes impracticable to count all or a part of the ballots with tabulation equipment.” See Section 25-4412, “Same; securing voting systems against voting after polls closed...”: http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=14109.

Initiating Mechanism: 

Candidate-initiated Voter-initiated Election official-initiated Election Official-Initiated Recounts: The county board of canvassers may initiate a recount if a majority of its members “determine that there are manifest errors appearing on the face of the poll books of any election board, which might make a difference in the result of any election.” See Section 25-3107, “Procedure for canvass by county board; recount, when; recount procedure; payment of costs”: http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=25.... Timing: All recounts must begin no later than the Tuesday following the election, and must be completed by 5:00 p.m. on the Friday of that week, “or, if the recount request is made on the Tuesday after the election because of a Monday canvass, not later than 5:00 p.m. the next following Monday.” See Section 25-3107, Subsection (b).

Candidate-Initiated Options: 

Candidate determines how many/which precincts to recount Specific offices only Candidate-initiated recounts are limited to statewide and national offices. See Section 25-3107, Subsections (c) and (d). These candidates, however, may apply for a recount in any election, for either all or only specified voting areas or counties. See Section 25-3107, Subsection (b). Timing: Candidates must file their request no later than 12:00 p.m. on the Monday following the election, “or, if the canvass is held on Monday, not later than 5:00 p.m. on the Tuesday next following the election.” Recounts initiated by candidates must follow the same deadlines for completion as those described for recounts initiated by election officials. See Section 25-3107, Subsection (b).

Voter-Initiated Options: 

Voters determine how many/which precincts to recount Voters may request recounts for initiatives/questions Any registered elector who voted on a ballot question may request a recount for that question. See Section 25-3107, Subsection (b). Timing: Candidates must file their request no later than 12:00 p.m. on the Monday following the election, “or, if the canvass is held on Monday, not later than 5:00 p.m. on the Tuesday next following the election.” Recounts initiated by candidates must follow the same deadlines for completion as those described for recounts initiated by election officials. See Section 25-3107, Subsection (b).

Cost for Candidate-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs costs depends on outcome of recount Candidates who are defeated by .5% or less of the total number of votes cast for their office in a general election are not required to pay the costs of the recounts. All other candidates must post bond to cover all costs incurred by the county for a recount. However, this bond is refunded if the recount determines the recount initiator to be the actual winner of the election. See Section 25-3107, Subsections (b) and (c)(2).

Cost for Voter-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs costs depends on outcome of recount The voter initiating a recount must post bond to cover all costs incurred by the county for the recount. However, this bond is refunded if the recount alters the outcome of the election. See Section 25-3107, Subsections (b).

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers The Secretary of State's Kansas Election Standards notes that recounts are considered public meetings as understood in Section 75-4317, “Open meetings declared policy of state; citation of act” http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=35615. See Chapter III, “Canvassing,” page 26: http://www.kssos.org/forms/elections/election_standards/ChapIIICanvassin.... The above also states that “authorized poll agents appointed for the election must be allowed to attend,” who may watch but not challenge ballots. Poll agents may include the county or state party chairperson, and the candidate or their appointed representatives. The full list of those who may serve as poll agents can be found in Section 25-3005a, “Authorized poll agent...”: http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/2....

Rules for Determining Voter Intent: 

Statutory guidance provided Kansas law states that “Determination of the voter's intention shall rest in the discretion of the board canvassing in the case of a canvass and in the election court in the case of an election contest.” See Section 25-3002, “Rules for canvassers; validity of ballots or parts thereof”: http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=13874. More detailed guidelines for determining voter intent are provided in the Secretary of State's Kansas Election Standards. See Chapter III, “Canvassing,” page 16: http://www.kssos.org/forms/elections/election_standards/ChapIIICanvassin....

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Kansas does not have audit laws.

Additional Resources: 
Kansas Statutes - Chapter 25 - Elections
Kansas Secretary of State