Q. What is it and when does it occur?

A. A post-election audit is conducted by the counties and takes place following every election. The audit must be completed prior to county canvass. The purpose of the audit is to verify voting machines are accurately tabulating election results.

Q. Who initiates the process?

A. In even number years, the morning following election day, the Kansas Secretary of State’s office initiates the first step in the post-election audit process. The office randomly draws the races to be audited in each county, notifies the counties of the races to audit, then the county election office randomly picks the precincts to be audited.

Q. Are ballot images allowed to be used during the post-election audit?

A. Per K.A.R. 7-47-1 ballot images cannot be used when conducting a post-election audit.

Q. How is the audit conducted?

A. The audit is performed manually by the counties to ensure the hand vote count is identical to the vote count from the tabulators. A bi-partisan board of election workers is appointed to conduct the audit.

Q. Are post-election audits open to the public?

A. Yes.

Q. What is it and when does it occur?

A. In addition to the post-election audit, during even-numbered election years, any federal, statewide, or state legislative race that is within 1% of the total number of votes cast tallied on election night shall be audited.

Q. Are ballot images allowed to be used during the close-race audit?

A. Per K.A.R. 7-47-1 ballot images cannot be used when conducting an audit.

Q. Which races qualify for a close-race audit?

A. Federal, statewide, and state legislative races.

Q. When is a close-race audit triggered?

A. If the election is within 1% of the election night vote total, then a close-race audit is triggered in addition to a post-election audit. The county election officer shall conduct the audit in an additional 10% of all county precincts in the specified race, with a minimum of one precinct in the county.

Q. Do close-race audits cost the candidate anything?

A. No, the county covers cost.

Q. What’s the difference between a close-race audit and a recount?

A. Audits are mandatory and must be conducted before the county canvass certifies the county results. Recounts are optional, at the candidate’s discretion, and are conducted after the county board of canvassers certifies the county results. The close-race audit is performed manually by the county(ies) and reviews a random selection of all ballots cast to ensure the hand vote count is identical to the vote count from the tabulators. When a recount is conducted, the candidate determines the method of the recount and how many ballots are to be counted (for example: one or all precincts, etc.).

Q. Who can request a recount?

A. Any candidate may request a recount in one or more counties.

Q. When is the deadline to request a recount?

A. A recount shall be requested in writing and filed with the secretary of state for national and state office not later than 5:00 p.m. on the day following the last meeting of the county board of canvassers canvassing votes in the election for which the recount is requested.

Q. What is the method of the recount?

A. The request shall specify which counties or precincts are to be recounted. The method of conducting the recount shall be at the discretion of the person requesting the recount.

Q. Who pays for the recount in a primary election?

A. The person requesting the recount shall file, contemporaneously with a request for a recount, a bond with the secretary of state, with security to be approved by the secretary of state, conditioned to pay all costs incurred by the counties and the secretary of state in making the recount. The amount of the bond shall be determined by the secretary of state. If the candidate requesting the recount is declared the winner of the election as a result of the recount, no action shall be taken on the candidate's bond and the counties shall bear the costs incurred for the recount.

The requestor of the recount must post the bond with the Secretary of State’s office before the counties are instructed to start the recount. The state will only cover the costs of a recount in a general election if the two candidates are within 1/2% of the total votes cast. Unlike general elections, there is no provision for the state paying for a recount in a primary election if the outcome is within 1/2% of the total votes cast.

Q. Any questions about yard signs and/or campaigns.

A. The Secretary of State’s office does not oversee campaigns, only election administration. Below are some state laws that might be helpful. Also, reading the city or county ordinances regarding yard signs is beneficial.

58-3820. Restrictive covenants; political yard signs; limitations. (a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days before an election and ending two days after the election is hereby declared to be against public policy and such provision shall be void and unenforceable.

(b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.

25-2711. Placement of political signs during election period. No city or county shall regulate or prohibit the placement of or the number of political signs on private property or the unpaved right-of-way for city streets or county roads on private property during the 45-day period prior to any election and the two-day period following any such election. Cities and counties may regulate the size and a set-back distance for the placement of signs so as not to impede sight lines or sight distance for safety reasons.

Q. Why can I not find county election results on the Secretary of State’s website?

A. The Secretary of State’s office does not oversee the conduct of local elections. Contact your county election office for county information and local election results.