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Kansas Senate overrides governor to end three-day mail-ballot grace period
Summary
The Kansas Senate voted to override Gov. Laura Kelly's veto of Senate Bill 4, eliminating the three-day grace period that had allowed mail ballots received after Election Day to be counted. Supporters said federal court guidance and uniform election deadlines require the change; opponents said it disenfranchises voters who rely on mail service.
The Kansas Senate voted to override Gov. Laura Kelly's veto of Senate Bill 4, removing the three-day grace period that allowed mail ballots received after Election Day to be counted.
Senator Johnson, who led the motion, said the measure "is repealing the 3 day grace period" and argued the change would create a single, uniform end to elections at 7 p.m. on Election Day. He cited a recent federal appeals decision and a Supreme Court statement that "a state cannot conduct an election without deadlines," saying the grace period could be unconstitutional.
Opponents argued the change will hurt voters who rely on mail, including people with disabilities, college students and rural residents. Senator Holscher questioned how shortening the receipt window would address problems with mail reliability. Senator Sykes said removing the grace period treats mailed votes as having "less weight than if you vote in person," calling the change discriminatory.
Supporters said voters have alternative methods to ensure ballots are counted, including in-person early voting, drop-off by a designee (up to 10 ballots), and courier services. Senator Johnson said there are "all sorts of ways" to compensate for postal delays and said the goal is to ensure the election "comes to an end" at a uniform time so counting can begin.
The Senate roll call produced a two-thirds majority to override the veto. The clerk tallied 30 votes in favor and 10 opposed; the motion carried. The House later reported it had overridden the governor's veto as well.
Why it matters: Advocates for the override said uniform deadlines protect the legal certainty of results; opponents said the change will reduce access for voters who depend on mail and could make Kansas the state with the shortest mail-ballot return window.
Votes at a glance: Senate Bill 4 — motion to pass notwithstanding the governor's veto: Passed by roll call, 30-10. The House subsequently recorded its own override vote in the affirmative.
