A judge is considering whether Kansas’ secretary of state ran afoul of the state’s open records law by ordering the removal of an election database function that generates a statewide report showing which provisional ballots were not counted.
The lawsuit was filed by Davis Hammet, who is the president of Loud Light.
Hammet won a lawsuit last year against Secretary of State Scott Schwab that forced him to turn over the names of voters who cast provisional ballots in the 2018 general election.
Schwab complied with the court’s order, then instructed the outside firm that manages the database to end the secretary of state’s access to the report.
The state’s counties can still run those reports, but only for their own local data.
Schwab’s attorneys argue that no statute requires his office to maintain the report or collect information about individual provisional ballots.