Kansas Ballot Receipt Deadline Restriction Challenge

A pro-voting lawsuit challenging a state law that disqualifies mail ballots that arrive after election day.

Background

Three Kansas advocacy groups are challenging Senate Bill 4, which eliminates the three-day grace period for ballot return. Since 2017, Kansas has required election officials to count mail ballots postmarked by election day as long as they were received within three days following the election. In 2025, the state enacted a law that eliminated this grace period. The plaintiffs argue that the new law will make it “virtually impossible” for voters to cast a mail ballot. The groups claim that the law violates the state constitution and asks the court to block enforcement.

Why It Matters

In the 2024 general election, over 137,000 Kansans cast a ballot by mail. In 2022, over 131,000 voters cast a mail ballot. In 2020, nearly 500,000 people voted by mail — over a third of the entire electorate. 

Latest Updates

• July 30, 2026: The Kansas Supreme Court denied Schwab’s request to pause the district court’s injunction.
• July 28, 2026: Secretary Schwab asked the Kansas Supreme Court to pause the district court’s injunction.
• July 27, 2026: The Kansas Court of Appeals denied Secretary Schwab’s motion to pause the district court’s injunction.
• July 21, 2026: The district court ordered additional briefing on whether it has jurisdiction to consider the Secretary’s request to pause the injunction during the appeal.
• July 20, 2026: Secretary Schwab asked the appeals court to pause the injunction and expedite its decision on the stay motion. The secretary also filed an emergency motion to transfer the appeal to the Kansas Supreme Court.
• July 17, 2026: Secretary Schwab asked the district court to pause the injunction pending appeal.
• July 16, 2026: The court granted plaintiffs’ motion for a temporary injunction to block enforcement of SB 4, keeping the three-day grace period for receiving mail ballots in place. The Kansas Secretary of State appealed.
• Jan. 27, 2026: Hearing scheduled.
• Dec. 9, 2025: Plaintiffs filed a motion for a temporary injunction to block enforcement of SB 4 so that the three-day grace period for receiving mail ballots remains in place.
• Nov. 12, 2025: The RNC’s motion to intervene was denied.
• Nov. 10, 2025: Plaintiffs filed their opposition to the state’s motion to dismiss.
• Oct. 15, 2025: The case was sent back to state court.
• July 18, 2025: The Kansas Secretary of State filed a motion to dismiss for failure to state a claim.
• July 11, 2025: The case is removed to federal court.
• July 3, 2025: RNC filed a motion to intervene as a defendant.
• May 5, 2025: Plaintiffs filed their complaint.