Kansas election official says nearly 1,000 primary ballots tossed due to mail processing issues

Kansas Secretary of State Scott Schwab, a Republican, send a letter to the U.S. postmaster general and the Kansas congressional delegation complaining that nearly 1,000 advance ballots dropped in the mail before Election Day in the August primary weren't counted because envelopes lacked the required postmark or arrived after the three-day grace period authorized under state law. (Noah Taborda/Kansas Reflector)

TOPEKA — The Kansas secretary of state said in a letter to the U.S. postmaster general that approximately 1,000 August primary voters in Kansas were disenfranchised because ballots mailed before Election Day in August arrived in county offices more than three days after the deadline or without an essential postmark.

Secretary of State Scott Schwab, a Republican who serves as the state’s chief elections officer, told Postmaster General Louis DeJoy there was cause to be “extremely concerned” about “a troubling pattern that persists in the U.S. Postal Service’s processing and handling of ballots.” He send the same letter to the six members of the Kansas congressional delegation.

During the August primary, Schwab said, 18% of Kansans exercised the constitutional right to vote by sending ballots through the mail. Nearly 1,000 of those individuals, or 2% of ballots transmitted by mail in Kansas, weren’t counted “due to USPS administrative failures,” he said.

In correspondence released Monday, Schwab sought assurances that the USPS would guarantee every mail ballot in the November general election received a postmark so it could be counted. Schwab also asked that ballots placed in USPS custody before Election Day would be delivered to county offices before the three-day, post-election window closed.

“The USPS’ proper and timely handling of mail ballots is a key aspect to maintaining trust in our election system by assuring the public that utmost care is taken to preserve the safety and security of their ballot,” Schwab said. “Kansas has had mail voting in some form since the Civil War, but never has a lack of confidence in the delivery of our ballot been questioned as it has in the 21st century.”

Kansas law requires advance mail-in ballots to be postmarked by 7 p.m. on Election Day. Only ballots received in county election offices within three days of a primary or general election could be counted in Kansas.

Schwab said a post-election survey showed county election offices in the state received ballots from the postal service days or weeks after they were mailed. He said some ballots placed in the mail ahead of Election Day didn’t get a postmark.

Approximately half the state’s county clerks reported receiving mail-in ballots without a postmark or after the three-day grace period permitted under statute, he said.

“It is unacceptable that voters, who follow the rules for requesting, voting and returning their mail ballot, are disenfranchised by the USPS because ballots that were properly and timely mailed were delivered without a postmark or not at all,” Schwab said.

In July, the USPS’ office of inspector general recommended the postal service make changes to allow postmarking of ballots that erroneously didn’t receive one. The operational shift could help voters feel more confident their ballot would move efficiently through USPS, the inspector general said.