The Latest: Johnson County won't count some disputed ballots
TOPEKA, Kan. (AP) — The Latest on the Republican gubernatorial primary race between Kansas Gov. Jeff Colyer and Secretary of State Kris Kobach (all times local):
4:30 p.m.
The top election official in Kansas' most populous county says they are not counting some 35 provisional ballots where the unaffiliated voter did not complete a party affiliation declaration on Election Day.
How to handle such ballots in Johnson County and across the state has emerged on the first day of canvassing as the most contentious issue in the razor-thin race for the Republican nomination for governor.
A legal opinion issued Monday by the governor's top attorney took issue with the guidance issued by the person Kobach appointed to oversee vote counters after he recused himself.
Assistant Secretary of State Eric Rucker has told election officials that provisional ballots cast by such voters should not be counted — a guidance Johnson County apparently appears to be following.
The results for the state's two largest counties will not be finished until Tuesday.
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10:50 a.m.
Commissioners say results from Kansas' most populous county won't be available until Tuesday afternoon in the review of some 9,000 provisional ballots in the tight Republican primary for governor.
In suburban Kansas City's Johnson County, commissioners agreed Monday morning to throw out 898 provisional ballots and to count 1,451 of them.
Secretary of State Kris Kobach led Gov. Jeff Colyer by 110 votes out of 313,000-plus cast, after late mail-in ballots from all 105 counties were added Friday to totals from advance voting and ballots cast at the polls last Tuesday. That grew to 113 votes Monday morning after the results were posted from four small counties.
Even as counties begin to review provisional ballots, the outcome of those reviews is in question. On Monday, the governor's chief counsel disputed guidance issued by the deputy whom Kobach appointed to oversee vote counters.
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10:15 a.m.
The fight over how to count unaffiliated voters in Kansas has begun as the state reviews nearly 9,000 provisional ballots in the close Republican primary for governor.
Secretary of State Kris Kobach and Gov. Jeff Colyer are locked in a tight battle for the ticket, separated by 110 votes as of Friday.
On Monday, the governor's chief counsel disputed guidance issued by the deputy whom Kobach appointed to oversee vote counters.
Assistant Secretary of State Eric Rucker says an unaffiliated voter who doesn't declare party affiliation is not entitled to vote. Poll workers sometimes give unaffiliated voters provisional ballots rather than a party affiliation statement.
The chief counsel says provisional ballots cast by unaffiliated voters in a primary should be construed as evidence of voter intent and must be counted.
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9:25 a.m.
Election officials in more than half of Kansas counties are beginning to review some 9,000 provisional ballots Monday as part of a statewide effort to arrive at final official vote totals in the tight Republican primary for governor.
Secretary of State Kris Kobach led Gov. Jeff Colyer by 110 votes out of 313,000-plus cast after late mail-in ballots from all 105 counties were added Friday to totals from advance voting and ballots cast at the polls Tuesday.
The canvass was beginning early Monday in suburban Kansas City's Johnson County, where a board it set to review 1,800 provisional ballots, given to voters at the polls when their eligibility is in question. Seventy-six counties start canvass meetings Monday, but some will meet later this week and next.
Colyer's team said they would have representatives at every canvass meeting to watch the process.
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11 p.m.
County election officials across Kansas will begin reviewing provisional ballots from last week's primary to arrive at final official vote totals in the tight Republican race for governor.
Secretary of State Kris Kobach led Gov. Jeff Colyer by 110 votes out of more than 313,000 cast as of Friday evening. That was after late mail-in ballots were added to totals from absentee voting and ballots cast at the polls Tuesday.
County officials will review nearly 9,000 provisional ballots, given to voters at the polls when their eligibility is in question. Most counties start their canvass meetings Monday, but some will meet later this week and next.
Colyer said Friday that he believes Kobach's office advised county clerks to discard legal mail-in ballots. Kobach said he's following the law.