Audit Laws
State Summary
After an election and prior to certification, the county election officer is required to conduct a manual audit or tally of each vote cast, regardless of the method of voting, in 1% of precincts, with a minimum of one precinct located within the county. Kan. Stat. § 25-3009 (a). The precinct or precincts must be randomly selected. The specific contests to be audited depend on the election year, but typically include a mix of statewide and smaller contests (see “Contests Audited” below); however, local question elections, mail ballot elections, and statewide constitutional amendments are exempt. Kan. Admin. Regs. § 7-47-1 (a).
The audit law allows the county clerk or secretary of state to audit additional precincts if discrepancies are found. Kan. Stat. § 25-3009 (d). The results of the audit are binding upon official results.
Kansas House Bill 2138, passed in 2022, now also requires audits in even-numbered election years in any federal, statewide, or state legislative races in which the margin is within 1% of the total votes cast tallied on election night. Kan.Stat. § 25- 3009 (b)(2)(C). It also introduces a procedural audit for the elections held during the previous two calendar years in four randomly selected counties in the calendar year following general elections in even-numbered years.
Unless otherwise specified, statutory references are to Kan. Stat. § 25-3009.
Voting Systems Used
Most Kansas counties use hand marked paper ballots with optical scanners and ballot marking devices (BMDs) for accessibility. Other counties field BMDs for all voters or hybrid BMD/tabulators. For the most up to date information please visit Verified Voting’s Verifier.
For an explanation on the types of voting equipment used, click here.
Audit Comprehensiveness
The audit must be performed manually and review all paper ballots selected according to the random selection of precincts, regardless of the method of voting. Kan. Stat. § 25-3009 (b)(1). Ballots included are ballots cast and counted on Election Day, ballots cast in advance and counted on Election Day, and ballots cast by Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) procedures and counted on Election Day. The audit does not include challenged or provisional ballots or ballots cast in advance and received after Election Day. Kan. Admin. Regs. § 7-47-1 (a).
Transparency
At least five days prior to the audit, notice of the time and location of the audit must be provided to the public on the official county website. The audit and the random selection of races and precincts must be conducted in a public setting. Kan. Stat. § 25-3009 (c); Kan. Admin. Regs. § 7-47-1 (c)(1). Any candidate or entity who is authorized to appoint a poll agent may appoint a poll agent for the audit. Kan. Stat. § 25-3009 (c). No mention is made as to whether observers are able to verify ballot marks.
Audit Counting Method
The audit is conducted manually. Kan. Stat. § 25-3009 (b)(1).
Ballot images may be used for the manual audit if imaging technology exists during the tabulation process on election night. Kan. Admin. Regs. § 7-47-1 (d).
Type Of Audit Units
Kansas uses precincts as audit units. The county election officer must conduct a manual audit or tally of each vote cast, regardless of the method of voting, in 1% of precincts, with a minimum of one precinct located within the county. The precinct or precincts must be randomly selected. Kan. Stat. § 25-3009 (a).
As specified in House Bill 2138, audits must be conducted in contests in which the margin is within 1% of the total votes cast tallied on election night. Kan.Stat. § 25- 3009 (b)(2)(C). Further, 10% of all county precincts in the specified race must be selected for audit, with a minimum of one precinct within the county. Id. The precincts audited according to this new provision are audited in addition to the 1% of precincts otherwise audited.
Contests & Issues Audited
In a presidential election year, one federal race, one state legislative race, and one county race are audited. In even-numbered non-presidential election years, one federal race, one statewide race, one state legislative race, and one county race are audited. Kan. Stat. § 25-3009 (b)(2)(B). In even-year elections, within 24 hours of the closing of the final polling location in Kansas, the secretary of state must transmit the list of randomly selected races to each county election officer, who examines each race in the order specified until an auditable race is determined, and then randomly selects 1% of the total county precincts from the subset of auditable precincts. If no contested race exists, the election board must audit the first race listed. Kan. Admin. Regs. § 7-47-1(c)(2). In even-numbered election years, House Bill 2138 now also requires an audit in any federal, statewide, or state legislative races in which the margin is within 1% of total votes cast.
In odd-year elections, each county election officer randomly selects two local races and each precinct to be audited after the election. Kan. Stat. § 25-3009, Kan. Admin. Regs. § 7-47-1. Local question elections, mail ballot elections pursuant to Kan. Stat. §25-431–441, and statewide constitutional amendments are exempt. Kan. Admin. Regs. § 7-47-1.
Addressing Discrepancies
If a discrepancy is reported between the audit and the unofficial returns and cannot be resolved, the county election officer or the secretary of state may require audits of additional precincts. (The statute is silent as to whether the secretary can require additional audits in counties other than the one(s) in which discrepancies are discovered.) After the additional audit has been completed, the results of the audit must be used by the county board of canvassers when certifying the official election results.
For recount laws, see the Citizens for Election Integrity Minnesota website.
Timeline
The audit must be conducted before certification of the election. See Kan. Stat.§ 25-3009. Upon completion of the audit, each election board must transmit to the secretary of state and the county election office the results of the audit no later than 48 hours before the meeting of the county board of canvassers. Kan. Admin. Regs. § 7-47-1 (c)(1).
Binding On Official Outcomes
The results of the audit must be used by the county board of canvassers when certifying the official election results. Kan. Stat.§ 25-3009 (d). (It is not clear whether an audit can alter the outcome of a statewide or multi-county contest.)
Oversight & Conduct
The secretary of state adopts rules and regulations governing the conduct and procedure of the audit; county election officers conduct the audits. Kan. Stat.§ 25-3009 (b).
Ballot Protection
Ballot boxes are to be locked securely at the polling location. Kan. Stat. § 25-2705. The supervising judge at each polling place is responsible for returning all election supplies, valid ballots, blank ballots, tally sheets, poll books, etc, to the county election officer after the count has been completed. Kan. Stat. § 25-3007. House Bill 2138 establishes an affidavit system used for the transfer of ballots prior to, on, and after the date of an election.
Additional Targeted Samples
The audit law allows the county clerk or secretary of state to audit additional precincts if discrepancies are found. Kan. Stat.§ 25-3009 (d).