Kansas Supreme Court Reinstates Three-Day Mail-In Ballot Grace Period

The Kansas Supreme Court rejected two emergency motions from Secretary of State Scott Schwab to reinstate a strict Election Day deadline for mail-in ballots. The ruling allows a lower court injunction to stand, effectively blocking Senate Bill 4, a 2025 law that sought to eliminate a three-day grace period for the receipt of ballots.

Under the reinstated rule, ballots postmarked by Election Day will be counted if they arrive at county offices within three days of polls closing. This follows a July 16 ruling by the Douglas County District Court, which found that Senate Bill 4 likely violated Kansas Constitution protections regarding due process, equal protection, and the right to vote. The Kansas Court of Appeals also previously denied Schwab's requests to bypass the standard appellate process.

Chief Justice Eric Rosen led the majority opinion, citing judicial restraint and the state's tiered appellate process. Dissenting justices Caleb Stegall and K.J. Wall argued the court should have resolved the legal question before the August 4 primary. Scott Schwab challenged the injunction by arguing that the sudden change would confuse voters after his office spent the year educating the public on the elimination of the window. Senate Bill 4 had originally been passed by the Kansas Legislature after overriding a veto from Governor Laura Kelly, who called the law an attack on rural Kansans.