Kansas Sued Over Law That Rejects Ballots Through No Fault of Voters

A Kansas law that could disenfranchise thousands just for voting by mail is facing a new legal challenge. 

Voting rights groups filed a lawsuit Monday against Kansas Senate Bill 4 (SB 4), which would eliminate the three-day grace period for mail-in ballots to be counted. Under SB 4, ballots must arrive by 7 p.m. on Election Day to count, regardless of when they were postmarked.

“With the enactment of SB 4, successfully voting by mail will become virtually impossible for many voters,” the complaint states. “SB 4 will only disenfranchise lawful, qualified voters.”

Rural Kansans, people with disabilities and out-of-state students are especially at risk due to potential postal delays, the plaintiffs argue. 

The bill was passed in March after the GOP-controlled legislature overrode a veto by Gov. Laura Kelly (D).

In the 2020 election, more than 32,000 Kansas voters arrived during the three-day grace period. Without it, every one of those ballots would have been rejected. 

Douglas County Clerk Jamie Shew, one of the defendants in the lawsuit, publicly said it takes seven to nine days to deliver mail in his jurisdiction.

“We often joke we could walk to people’s houses faster than it gets there by mail,” Shew told Bolts in 2024. 

Kansas already requires all ballots to be postmarked by Election Day, and the state doesn’t allow election officials to begin mailing ballots to voters until just 20 days before the election, giving some voters almost no time to receive and return them. As a result, even voters who do everything right risk being disenfranchised if the mail is slow.

Secretary of State Scott Schwab (R), also named in the lawsuit, has previously criticized USPS and warned voters on social media: “Do not use USPS to deliver your ballot.”

A spokesperson for his office told Democracy Docket they couldn’t comment because they didn’t have the lawsuit. They did not respond after it was emailed to them.

The plaintiffs are asking the court to strike down SB 4 and reinstate a postmark-based rule.

“This Court should declare SB 4 unconstitutional, enjoin its use, and order election officials to count all ballots that are postmarked by election day and received within seven days after the election,” the complaint insists.

This new law in Kansas mirrors a broader national trend. In Mississippi, the Republican National Committee contested a state law permitting mail-in ballots postmarked by Election Day to be counted if received within five days thereafter. The state is set to ask the U.S. Supreme Court to decide the issue. 

And President Donald Trump’s order on voting aims to bar states from accepting ballots that arrive after election day.

Late Update, 5:15pm ET: Kansas Sec. of State Scott Schwab responded in a statement:

“I have consistently said this is an issue for the legislature to decide. Kansas law is now consistent and reflects the law that had been in place for decades prior to 2017. All ballots must be in the possession of the county election office by 7 PM on Election Day. We will be working throughout this year and next year to make sure voters are educated.”