Republican lawmakers in Kansas are once again proposing a measure to eliminate the three-day extension for voters to return mail ballots after the polls close. In an effort to secure enough support from rural GOP legislators and potentially override a veto from the Democratic governor, key concessions have been made.
Republicans claim that the practice of counting ballots received after Election Day undermines public trust in the election outcomes. However, there is no evidence to support the notion that this practice has resulted in fraud or significant errors. This week, the Republican-controlled Legislature is set to vote on a version of the proposal that was drafted by GOP negotiators for the House and Senate on Monday.
As election conspiracy promoters gained influence within the Kansas GOP, there was a growing push to eliminate the “grace period.” These individuals have been spreading unfounded allegations of widespread election fraud, echoing former President Donald Trump’s false claim that the 2020 presidential election was stolen from him.
Some rural Republicans have been resistant to the policy since it was introduced in 2017. They expressed concerns that the mail delivery in their districts was becoming slower.
“People become suspicious when the outcome of a close election changes as the vote count continues after Election Day,” said Pat Proctor, a Republican from northwest of the Kansas City area and Chair of the House Elections Committee.
In Monday’s negotiations, he expressed his belief that our votes are not less secure when we accept ballots after Election Day, despite some Republicans holding a different view. However, he acknowledged that this practice does give rise to doubt.
According to the National Conference of State Legislatures, over 30 states have a requirement for mail ballots to be received by Election Day. In the remaining states, the deadlines for mail ballots vary, ranging from 5 p.m. the day after polls close in Texas to no set deadline in Washington state.
The Kansas proposal has been updated to extend the grace period until the beginning of 2025. Additionally, two additional days have been included for advance voting, allowing individuals to start voting in person at election offices and receive mail ballots 22 days before an election, as opposed to the current 20 days. Another key change is that county offices will now be required to remain open for at least four hours on the Saturday prior to an election to accommodate advance, in-person voting.
The purpose of these provisions is to gain the support of rural Republicans who may be skeptical and secure the necessary two-thirds majority in both chambers to override a governor’s veto.
Sen. Mike Thompson, a Kansas City-area Republican and the lead negotiator on elections legislation in his chamber, expressed his desire to eliminate the three-day grace period and promptly address the matter at hand. He acknowledged the possibility of a veto from the governor, emphasizing the importance of securing the necessary votes.
Voting rights advocates assert that reducing the time for Kansas voters to return their ballots could potentially disenfranchise numerous individuals, including those who are economically disadvantaged, disabled, elderly, and people of color. Last year, Governor Laura Kelly vetoed a bill that aimed to eliminate the grace period, and due to lacking the necessary two-thirds majorities in both chambers, Republican leaders were unable to overturn her decision.
According to Senator Oletha Faust-Goudeau of Wichita, who spoke on behalf of the Democratic senators involved in the negotiations, the law was operating under a three-day grace period.
In the previous month, the Senate deliberated on a bill that would have mandated mail ballots to be received by the designated poll closing time of 7 p.m. in most counties. However, certain senators who were promoting unfounded election conspiracies inserted additional measures, such as prohibiting electronic vote tabulating and ballot drop boxes. These controversial provisions caused a division among Republicans and ultimately led to the failure of the bill.
Republicans supporting the end of the grace period argue that when election offices receive ballots without postmarks, local officials are prohibited from counting them, resulting in the disenfranchisement of those voters.
The frequency of such incidents remains uncertain as the state has not gathered any data on the matter. However, the Kansas secretary of state’s office, responsible for elections, has requested county officials to compile relevant information this year. Secretary of State Scott Schwab, a Republican who supports the state’s electoral system, maintains a neutral stance on discontinuing the grace period.
According to Faust-Goudeau, if there is an issue, they can consider including a measure that eliminates the requirement for a postmark.