Three advocacy groups file a lawsuit challenging the constitutionality of a recently passed Kansas law that eliminates the three-day grace period for mail-in ballots.

 

Previously, mail-in ballots were accepted if they were postmarked by election day, but received within three days following that date. The bill eliminating the grace period was passed by the Kansas legislature during the year's session and vetoed by Governor Laura Kelly. Kelly's veto was overturned by votes in both chambers.

 

The three groups that filed the lawsuit on Monday in Douglas County are Kansas Appleseed, Loud Light, and the Disability Rights Center of Kansas. The suit names Kansas Secretary of State Scott Schwab and Douglas County Clerk Jamie Shew as defendants. The lawsuit claims the law is unconstitutional because it violates the equal protection clause by rejecting voter's ballots based on where they live and whether or not the U.S. Postal Service delivered the mail on time.

 

During the general election in 2020, nearly 32,000 Kansas ballots were received during the grace period. In the 2024 general election, around 2,000 ballots arrived after Election Day.