Recount laws in Kansas

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Kansas. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Kansas.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes. For a recount in a single county, the request must be made by 5:00 p.m. on the day following the county canvass. For recounts in multiple counties, the request must be made no later than 5:00 p.m. on the second Friday following the election. The deadline for completion is the fifth day after the request.
  • Who pays for a requested recount?
    • Varies. The state, if it is a candidate-requested recount where the margin between candidates is less than or equal to 0.5%. The requester pays for all other requested recounts.
  • Is a refund available for requested recount costs?
    • Yes, costs paid for a recount requested by a candidate or voter are refunded if the recount changes the election outcome.
  • Can a partial recount be requested?
    • Yes.

Kansas recount procedures

Automatic recount procedures

Kansas does not require automatic recounts.

Requested recount procedures

Any candidate may request a recount. If the margin between candidates is less than or equal to 0.5%, the state covers the costs. In all other instances, candidates are responsible for costs associated with the recount. Costs paid by the candidate are refunded if the recount changes the election outcome.[1]

Any voter may request a recount on a ballot measure. The voter is responsible for costs associated with the recount. Costs paid by the voter are refunded if the recount changes the election outcome.[1]

A county board of canvassers may request a recount if a majority of its membership determines that there were errors that might affect the outcome of the election.[1]

For requested recounts in a single-county, the request must be made by 5:00 p.m. on the day following the county canvass. For recounts in multiple counties, the request must be made no later than 5:00 p.m. on the second Friday following the election. The deadline for completion of the recount is 5:00 p.m. on the fifth day after the request was made.[1]

For more information about recount procedures in Kansas, click here.

Kansas voting equipment

See also: Voting methods and equipment by state

Kansas uses paper and Direct Recording Electronic (DRE) systems for its elections. Some jurisdictions in Kansas require voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[2][3]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Kansas State Legislature, "25-3107," accessed October 16, 2020
  2. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 6, 2018
  3. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  4. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  5. ↑ A court may order a recount under Arizona law.
  6. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  7. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  8. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  9. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  10. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  11. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  12. ↑ No mention in state law.
  13. ↑ No mention in state law.
  14. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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