The American Civil Liberties Union is suing Secretary of State Scott Schwab, saying he violated the state’s open records law by refusing to release the names of people who cast provisional ballots, or say whether their votes were counted.
The ACLU filed the lawsuit on behalf of Loud Light, a non-profit group whose mission is to increase voter turnout, and voting rights advocate Davis Hammet.
The lawsuit stems from a September request by Loud Light and Hammet for information in the state election database as well as registration and poll books.
Loud Light wants the provisional voter information from the 2018 general election to be released so it can help Kansas voters correct defects on their ballots, the suit says.
The group intends to submit similar requests for the 2020 primary and general elections.
The secretary of state’s office wanted to wait for an opinion from the Kansas attorney general’s office, but the ACLU noted no provision in the open records law allows it to delay responding for almost a year while it debates its interpretation of the law.