Kansas Attorney General Kris Kobach releases opinion regarding election recounts

Last week, Kansas Attorney General Kris Kobach released an opinion regarding the procedure of election recounts. The opinion was addressing a question posed by Rep. Francis Awerkamp (R-HD 61) who asked if a person requesting a recount would be entitled to demand a hand recount or the original paper ballots or if the county would be able to substitute digital or photographic images of the ballots.

“…if any candidate shall request the recount of the ballots cast in all or in only specified voting areas for the office for which the person is a candidate, or if any registered elector who cast a ballot in a question submitted election requests a recount in all or only specified voting areas to determine the result of the election, the county board of canvassers shall cause a special election board appointed by the county election officer to meet under the supervision of the county election officer and recount the ballots with respect to any office or question submitted specified by the county board of canvassers or requested by the candidate or elector”

Kobach continues to state that under the statute that “if a recount is required in a county that uses optical scanning systems… or electronic or electromechanical voting systems… the method of conducting the recount shall be at the discretion of the person requesting the recount.”

Kobach also stated that this applies to “elections occurring in more than one county and entitles candidates or registered electors who cast a ballot in an election for a constitutional amendment to request a recount” under K.S.A. 25-3107(C)(2).

K.S.A. 25-2912(a)(3) is also noted for specifying that, unless the requestor of the recount elects not to have the ballots counted by hand, papers ballots must be counted by hand in any recount conducted with respect to any election.

It is with the clear and plain language of these citations that Kobach concludes that “a county conducting a recount may not substitute ballot images for the original paper ballots, unless the person requesting the recount specifically requests such substitution in a county that uses optical scanning equipment or electronic or electromechanical voting systems.”