Kansas mail-in ballots postmarked by Election Day will continue to count if they arrive within three days after the Nov. 3 general election. The Kansas Court of Appeals denied Secretary of State Scott Schwab’s request to suspend a temporary injunction preserving the grace period.
The legal dispute centers on a 2025 law requiring mailed advance ballots to arrive by 7 p.m. on Election Day. Douglas County District Judge Carl Folsom temporarily blocked enforcement before the August primary after finding that Kansas Appleseed and other plaintiffs were likely to succeed in their constitutional challenge.
The appeals court cited the risk of permanently losing voters’ ballots if the grace period were suspended while the case proceeds. The ruling leaves the temporary injunction in place but does not settle whether the law is constitutional.
Under the current court order, qualifying ballots must arrive by the last postal delivery Friday, Nov. 6. Election officials encourage voters to return ballots by the close of polls on Election Day to ensure they are counted.
