Processing, counting, and challenging absentee/mail-in ballots in Kansas, 2020
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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.
This article describes the rules in Kansas for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:
- How ballots are processed and counted
- Whether ballots can be challenged
- Conditions for rejecting a ballot
- Whether voters can correct mistakes on a ballot
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
Processing and counting ballots
Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.
The table below highlights key dates and deadlines related to absentee/mail-in voting in Kansas for the November 2020 election.
Processing ballots
As of November 2020, when ballots may be processed was not specified in Kansas law. State law included the following provision for processing absentee/mail-in ballots:
| “ | The county election officer in counties which have a special election board established under K.S.A. 25-1133, and amendments thereto, shall deliver all advance voting ballots to the special election board when the special election board convenes, and thereafter as advance voting ballots are received during election day, until the time for closing of the polls, or as provided by rules and regulations adopted by the secretary of state as authorized by K.S.A. 25-1132(b), and amendments thereto.
(b) The special election board may conduct the original canvass of advance voting ballots when the board convenes, but shall not complete final tabulation prior to election day.[2] |
” |
See law: Kansas Statutes 25- 1134
Counting ballots
As of November 2020, Kansas law allowed officials to begin counting ballots prior to election day. State law included the following provision for counting absentee/mail-in ballots:
| “ | Advance voting; canvass of ballots; procedure by board; 25 ballots to remain uncounted. The special election boards established under K.S.A. 25-1133, and amendments thereto, shall canvass advance voting ballots as is provided by law for the original canvass of ballots at voting places, except as is otherwise provided in this section and K.S.A. 25-1136, and amendments thereto. The supervising judge of the special election board shall announce in a clear and distinct voice the names of the advance voting voters whose ballots have been received, and thereupon, the clerk of the election board shall check the names of such voters upon the advance voting voter list prescribed by K.S.A. 25-1126, and amendments thereto. If a ballot has been received from a voter whose name is not on such list, the name shall be entered on the advance voting poll book. One of the judges shall open each ballot envelope without defacing the form printed thereon and without mutilating the enclosed ballot or ballots. Such ballots shall then be disposed of as if the advance voting voters were present. One of the judges shall clip the numbers from the ballots and deposit them in the proper ballot boxes without unfolding them. Until the closing of the polls, at least 25 ballots shall remain uncounted in each ballot box.[2] | ” |
See law: Kansas Statutes 25-1135
Kansas law included the following provision for who may count absentee/mail-in ballots:
| “ | Special election board; appointment; duties. The county election officer shall appoint a special election board pursuant to the requirements of K.S.A. 25-2801 to be composed of at least three (3) members. In addition to the duties of the board required by K.S.A. 25-1326, the supervising judge of such board shall open every machine each morning and close and seal every machine each evening.[2] | ” |
See law: Kansas Statutes 25-1122b
Kansas law included the following provision for poll watchers:
| “ | The number of authorized poll agents in each voting place at any one time appointed by any of the following shall be limited to the number indicated:
(1) State and county chairpersons, one; (2) candidates, not to exceed one each; (3) precinct committeemen and committeewomen, one each; (4) the chairperson of each committee or organization concerned with any election on a question submitted, one each; (5) write-in candidates who have filed an affidavit or write-in pursuant to K.S.A. 25-305, and amendments thereto, one each.[2] |
” |
See law: Kansas Statutes 25-3005a
Challenging ballots
Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.
As of November 2020, Kansas law included the following provision for challenging ballots:
| “ | (a) The vote of any advance voting voter may be challenged in the same manner as other votes are challenged, as nearly as may be, and the judges of the special election board shall determine the validity of each advance voting ballot.[2] | ” |
See law: Kansas Statutes 25-1136
As of November 2020, Kansas law included the following provision for handling challenged ballots:
| “ | Whenever the judges determine that the form accompanying an advance voting ballot is insufficient, or that the voter is not a registered voter, or the challenge is otherwise sustained, the advance voting ballot envelope shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word ""provisional"" and state the reason for sustaining the challenge.
(b) Any advance voting ballot envelope which has not been signed shall not be opened, and no vote on the ballot therein shall be counted. The envelope or ballot shall be challenged in the same manner in which other votes are challenged. (c) Whenever it shall be made to appear to the judges of a special election board by sufficient proof that an advance voting voter has died, the envelope containing the advance voting ballot of the deceased voter shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word ""provisional"" and the reason for sustaining the challenge. (d) If objection is made to an advance voting ballot because of form, condition, or marking thereof, the ballot shall be marked ""void"" if the judges uphold the objection to the entire ballot, and otherwise shall be marked on the back thereof, ""objected to"" with a statement of the substance of the objection. (e) Void, provisional and objected to advance voting ballots shall be transmitted to the county election officer in the same manner as personally cast provisional ballots are transmitted but shall be placed in separate envelopes or sacks, appropriately labeled and sealed. Votes contained in void and provisional advance voting ballots shall not be included in the total of votes certified by the special election board. Void, provisional and objected to advance voting ballots shall be reviewed by the board of county canvassers, and the board shall finally determine the acceptance or rejection of each void, provisional or objected to ballot.[2] |
” |
See law: Kansas Statutes 25-1136
Rejecting ballots
As of November 2020, Kansas law included the following provision for rejecting absentee/mail-in ballots:
| “ | (b) Rules for canvassers:
(1) No ballot, or any portion thereof, shall be invalidated by any technical error unless it is impossible to determine the voter's intention. Determination of the voter's intention shall rest in the discretion of the board canvassing in the case of a canvass and in the election court in the case of an election contest. (2) The occurrences listed in this subpart (2) shall not invalidate the whole ballot but shall invalidate that portion, and that portion only, in which the occurrence appears. The votes on such portion of the ballot shall not be counted for any candidate listed or written in such portion, but the remainder of the votes in other portions of the ballot shall be counted. The occurrences to which this subpart (2) shall apply are: (A) Whenever a voting mark shall be made in the square at the left of the name of more than one candidate for the same office, except when the ballot instructs that more than one candidate is to be voted. (B) Whenever a voting mark is placed in the square at the left of a space where no candidate is listed. (3) When a registered voter has cast a provisional ballot intended for a precinct other than the precinct in which the voter resides but located within the same county, the canvassers shall count the votes for those offices or issues which are identical in both precincts. The canvassers shall not count the votes for those offices or issues which differ from the offices or issues appearing on the ballot used in the precinct in which the voter resides. (4) A write-in vote for those candidates for the offices of governor and lieutenant governor shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and: (A) Both candidates' names are written on the ballot; or (B) only the name of the candidate for governor is written on the ballot. (5) A write-in vote for those candidates for the offices of president and vice-president shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and: (A) Both candidates' names are written on the ballot; or (B) only the name of the candidate for president is written on the ballot. (6) A write-in vote for candidates for state offices elected on a statewide basis other than offices subject to paragraph (4) shall not be counted unless the candidate has filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto. (7) Any advance voting or mail ballot whose envelope containing the voter's written declaration is unsigned, shall be wholly void and no vote thereon shall be counted. (8) No ballot cast shall be counted if the voter fails to provide valid identification as defined by K.S.A. 25-2908, and amendments thereto.[2] |
” |
See law: Kansas Statutes 25-3002
Ballot curing
Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]
As of November 2020, Kansas law did not include a provision for curing ballots.
Rules in other states
Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
- Ballotpedia's 2020 Election Help Desk
- Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
- Absentee/mail-in voting, 2020
Footnotes
- ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
