State Summary

Kansas does not have automatic recounts. Candidates may petition for a taxpayer-funded recount following a national or state general election decided by a margin of 0.5% or less. Defeated candidates and voters may also request recounts of their elections and of ballot measures, respectively, at their own expense when the contest margin is greater than the close vote margin. Election officials may also initiate recounts under certain circumstances (see “Initiating Mechanisms" for details). Recount requests for local contests must be filed no later than the day following the county canvass, and the recount must be completed by the fifth day following the filing of the recount request. For statewide or multi-county offices, the deadline for a recount request is by the second Friday following the election, and the recount must be completed by the fifth day following the filing of the recount request. Recounts in Kansas are conducted by a mix of hand count and retabulation.

Counting Method

Mix of hand count and retabulation

The Kansas Election Standards state that: “A recount means simply repeating the process that produced the original election results in order to determine if the ballots were counted and the totals tabulated correctly.” Kansas Elections Standards, Chap. III, p. 23.

In general, the same counting method used during the initial canvass is to be used again, unless the recount petitioner requests that a hand count be conducted in precincts where ballots were originally counted by optical scan systems. Kan. Stat. §§ 25-4413 and 25-3107. Election officials are also allowed to direct that the recount be done by hand, if “for any reason it becomes impracticable to count all or a part of the ballots with tabulation equipment.” Kan. Stat. § 25-4412(e).

However, close-vote-margin recounts are only done by using the method by which the ballots were originally counted. Kan. Stat. § 25-3107(d)(2).

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated

Election Official-Initiated Recounts:
The county board of canvassers may initiate a recount if a majority of its members “determine[s] that there are manifest errors appearing on the face of the poll books of any election board, which might make a difference in the result of any election....” Kan. Stat. § 25-3107(b).

Timing: Kan. Stat. § 25-3107(b).

Close Vote Margin Options

Less than or equal to 0.5%
Initiated by request

If a recount is requested in a national or state general election decided by a margin of 0.5% or less, the state reimburses the counties for the cost of the recount if it is performed using the method by which the ballots were counted originally. This provision does not apply to elections for judicial offices. See the Kansas Election Standards, Chap. III, p. 25, and Kan. Stat. § 25-3107(d)(2).

Timing: Kan. Stat. § 25-3107.

Candidate-Initiated Options

Candidate determines how many/which precincts to recount

Any candidate may request a “recount of the ballots cast in all or in only specified voting areas for the office for which such person is a candidate….” Kan. Stat. § 25-3107(b–c).

Timing: Kan. Stat. § 25-3107(b).

Voter-Initiated Options

Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions

If any registered voter who voted on a ballot question 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…and recount the ballots….” Kan. Stat. § 25-3107(b).

Timing: Kan. Stat § 25-3107(b–d).

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

Candidates who are defeated in a state or national general election decided by 0.5% or less of the total number of votes cast for their office are not required to pay the costs of the recounts. All other candidates must post bond to cover all costs incurred by the counties for a recount. However, if the recount alters the outcome of the election, no action is taken on this bond, and the counties bear the cost of the recount. Kan. Stat. § 25-3107(b) & (c)(2). See also the Kansas Election Standards, Chap. III, p. 24.

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

The voter initiating a ballot measure recount must post bond to cover all costs incurred by the county for the recount. However, if the recount alters the outcome of the election, no action is taken on this bond, and the counties bear the cost of the recount. Kan. Stat. § 25-3107. See also the Kansas Election Standards, Chap. III, p. 24.

Challengers and Observers

Party/candidate/initiator may appoint observers; no guidance on challengers; recount is public

Recounts are public meetings. Kan. Stat. §§ 75-4317 and 75-4317a.

“Authorized poll agents appointed for the election must be allowed to attend, although no one who is not a member of the special recount board or the county election officer or office staff may handle ballots or participate in conducting the recount.” Kansas Election Standards, Chap. III, p. 24.

Poll agents may include the county or state party chairperson, and the candidate or their appointed representatives. The full list of those who may serve as poll agents can be found in Kan. Stat. § 25-3005a.

Rules for Determining Voter Intent

See the Kansas Election Standards, Chap. III, Section h, “Voter Intent,” pp. 13-17. See also Kan. Stat. § 25-3002.

Resources

Kan. Stat. § 25-3107
Kan. Stat. § 25-4412
Kan. Stat. § 25-4413
Kan. Stat. § 25-3002
Kan. Stat. § 25-3005a
Kan. Stat. § 75-4317
Kan. Stat. § 75-4317a
Kansas Elections Standards, Chap. III, “Canvassing” (2024)

Additional Resources

2023 Kansas Statutes - Chapter 25 - Elections
Kansas Secretary of State - Elections
Kansas Elections Standards
Kansas Administrative Regulations - Secretary of State