Kansas Recount Laws
Paper ballot (hand marked paper ballots and BMDs)
For more details, visit Verified Voting.
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.” See Kansas Elections Standards, Chap. III, p. 22.
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. 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.” Kansas Statutes (KS Stat) §§ 25-4412, 25-4413 & 25-3107.
However, close-vote-margin recounts are only done by using the method by which the ballots were originally counted. KS Stat § 25-3107(d)(2).
Election official-initiated
Close-vote margin
Candidate-initiated
Voter-initiated
Election Official-Initiated Recounts:
The county board of canvassers may initiate a recount if a majority of its members “determine 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....” KS Stat § 25-3107(b).
Timing: KS Stat § 25-3107(b).
Less than or equal to 0.5%
Inititated 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 KS Stat § 25-3107(d)(2).
Timing: KS Stat § 25-3107.
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….” KS Stat § 25-3107(b) & (c).
Timing: KS Stat § 25-3107(b).
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….” KS Stat § 25-3107(b).
Timing: KS Stat § 25-3107(b), (c) & (d).
Initiator pays deposit or bond before recount
Payer of costs costs depends on outcome of recount
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. KS Stat § 25-3107(b) & (c)(2). See also the Kansas Election Standards, Chap. III, p. 24.
Initiator pays deposit or bond before recount
Payer of costs costs depends on outcome of recount
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. KS Stat § 25-3107. See also the Kansas Election Standards, Chap. III, p. 24.
Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers
Recounts are public meetings. KS 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 KS Stat § 25-3005a.
Statutory guidance provided
See the Kansas Election Standards, Chap. III, Section h, “Voter Intent,” pp. 13-17. See also KS Stat § 25-3002.
See KS Stat § 25-3009 and Kansas Administrative Regulation 7-47-1.
The Voting Equipment and Counting Methods sections were updated 10/19/2022.
The remaining information was updated 8/3/2020 using the 2019 Kansas Statutes and the current Kansas Administrative Regulations (accessed here on 8/3/2020).