Kansas Court Rules Mail-In Ballots Arriving After Election Day Will Count

When considering important constitutional challenges concerning election procedure and faced with an upcoming election, courts must be careful to avoid rulings that could cause votes to be lost, Chief Judge Sarah Warner, along with Judges Stephen Hill and Kim Schroeder, wrote in an Oct. 2 ruling.

Court Rulings And Legal Arguments Over The Election Statute

The appellate decision marks the latest development in an ongoing legal fight between Kansas Secretary of State Scott Schwab and plaintiffs including Kansas Appleseed alongside individual voters. The core dispute centers on a 2025 statute that eliminated the traditional three-day grace period, requiring all advance ballots to arrive by 7 p.m. on Election Day to be counted. Douglas County District Judge Carl Folsom previously issued an injunction before the August midterms to halt enforcement of the new law, concluding plaintiffs were substantially likely to succeed at trial.

Secretary Schwab subsequently asked the Kansas Court of Appeals to stay that temporary injunction so the state could enforce the 2025 cutoff immediately. However, the appellate panel rejected the request, finding that the state failed to demonstrate that the temporary injunction should be suspended while the legal challenge proceeds through the courts. The appeals court also agreed to fast-track Schwab’s appeal, though it declined his request to hear arguments prior to Oct. 14, when mail-in ballots are scheduled to be sent to voters.

Impact On Rural And Vulnerable Voters Across Kansas

Nicki Rose, legal director for the Kansas Appleseed Center for Law and Justice, highlighted the demographic and geographic realities that make the grace period crucial. It’s an important access point, particularly for a state with our makeup, geographically and demographically, Rose said, pointing out that rural residents, disabled individuals, and older voters heavily rely on postal voting.

Rose also noted that even Secretary Schwab acknowledged prior to the passage of the disputed law that Kansas handles high volumes of mail-in ballots efficiently. Under the current appellate ruling, election procedures will mirror those used during the primary election. Right now, where we’re at is everything is the same as it was for the primary, Rose said.

Appellate Timetable And Ongoing Litigation

While the Oct. 2 ruling ensures that ballots arriving within three days of the November general election will be counted for the upcoming contest, the broader constitutional challenge to the 2025 statute remains active in the courts. The appellate court’s refusal to stay the injunction keeps the temporary rules in place while the legal teams prepare for further proceedings. No final trial date or ultimate resolution has been reached regarding the constitutionality of eliminating the three-day window permanently.

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Considering the Secretary’s preliminary showing on the merits, the State’s asserted injuries, the irreparable consequences a stay could impose on voters, the public interest, and the rapidly approaching election calendar, we conclude that the Secretary has not met his burden to demonstrate that the temporary injunction should be suspended while this appeal proceeds.

Kansas Court of Appeals