Courtroom: Kansas election chief’s software program change violated regulation

TOPEKA, Kan. (AP) — Kansas’ prime elections official violated the state’s open information regulation when he had workplace pc software program altered in order that it may now not produce information sought by a voting-rights advocate, the state Courtroom of Appeals dominated Friday.

The choice directed a trial court docket choose to order Secretary of State Scott Schwab to reverse the software program change within the state’s voter registration system in order that it may well once more produce a statewide report on provisional ballots. Voters obtain provisional ballots in the event that they don’t seem like registered, fail to current required identification or attempt to vote on the incorrect polling place. Their ballots are put aside to be reviewed later by native officers, who decide whether or not they are going to be counted.

Davis Hammet is founding father of the voting-rights group Loud Gentle, which helps voters repair points that led them to solid provisional ballots in order that their votes are counted. It additionally researches voting-rights points and lobbies the Legislature.

Hammet first sought the knowledge after the 2018 basic election, then once more repeatedly in 2020. Schwab’s workplace supplied it freed from cost till the autumn of 2020, when Schwab had the seller sustaining the voter registration system turn off the feature that produces the stories.

“The report function could have been of no use to the Secretary however it was helpful to Hammet and the general public,” Choose Stephen Hill wrote for the three-member appeals panel. “And that’s the level of open public information.”

Issues from voting-rights advocates about how provisional and mail-in ballots are dealt with grew through the tenure of Schwab’s predecessor, conservative Republican Kris Kobach, an advocate of strict voter ID legal guidelines. In 2016, Kansas threw out at least three times as many ballots as equally sized states.

A political outcry over a whole bunch of discarded mail-in ballots statewide within the 2018 major — when Kobach received the GOP nomination for governor by 343 votes — led to a 2019 regulation requiring election officers to inform voters earlier than their mail-in ballots are thrown out due to issues with signatures.

Whereas Hammet praised Friday’s ruling and predicted it is going to assist others searching for state paperwork, he mentioned it was irritating to need to go to court docket to get information that assist his group pinpoint potential issues in how provisional ballots are dealt with.

“It helps us create higher state legal guidelines,” Hammet mentioned. “We have been shut off from doing that.”

Schwab is working within the Aug. 2 Republican major in opposition to a challenger from his proper who promotes baseless election fraud theories and accuses Schwab of not being clear. A Schwab spokesperson mentioned in e-mail that his workplace was reviewing the choice.

The secretary of state argued in 2019 that provisional poll stories contained confidential data and weren’t public information. Hammet sued him, and District Choose Teresa Watson in Shawnee County declared the stories public information. Schwab turned stories over to Hammet a number of occasions.

The secretary of state had the voter registration system’s software program altered in September 2020. When Hammet requested one other report about three weeks later, Schwab’s workplace recommended he get the info from the seller — at a price of $522.

When Hammet sued Schwab once more, Watson sided with Schwab and declared that the flexibility to supply the report was not a public document itself.

However the Courtroom of Appeals panel mentioned the change didn’t consequence from a software program improve or malfunction and Schwab was “selecting to hide moderately than reveal public information.”

Whereas Schwab has discretion in working his workplace, the appeals panel mentioned, “Public officers should additionally respect the general public coverage formulated by the Legislature.”


This story was up to date to appropriate the spelling of Davis Hammet’s final title in three situations during which it had been misspelled “Hammett.”


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