Kansas House works election bills altering ballot access, advance voting and election crime

TOPEKA — Rep. Les Mason sought support for Kansas House legislation making it more difficult for independent candidates to get on ballots for statewide office by invoking the bizarre history of John Brinkley.

“J.R. Brinkley. I want you to remember that name. J.R. Brinkley,” the McPherson Republican told House colleagues.

Brinkley was the diploma-mill physician who achieved international notoriety and substantial wealth by championing transplantation of goat testicles into men as a remedy for male impotence. He lost his medical license, but relied on his radio empire at KFKB — Kansas First, Kansas Best — to promote a 1930 write-in campaign for governor and a 1932 independent candidacy for the office. He did well in 1930, but excelled in 1932.

The goat-gland doctor secured 30.58% of the vote in ’32. Republican nominee Alf Landon prevailed, however, with 34.82%, which was enough to slip past incumbent Democratic Gov. Harry Woodring’s 34.14%.

“If not for John Brinkley, Alf Landon may not have won that election,” Mason said. “Or, Alf Landon may have won in a landslide. We’ll never know.”

He said the need for election law reform in Kansas was evident based on options put before voters more than 90 years ago and the results of the past three Kansas gubernatorial election cycles, which featured independent gubernatorial candidates who secured 2% to 7.1% of the vote.

Under House Bill 2516, given tentative approval Wednesday by the House, the state would repeal a law allowing independent candidates on the statewide ballots after securing 5,000 petition signatures of registered voters. Instead, the threshold for participation would be 2% of total votes cast for governor in the preceding election. That would mean an independent candidate for Kansas governor in 2026 would need 20,180 valid petition signatures to be on the ballot.

“Any credible and serious candidate should be able to collect the signatures required. That’s the simple goal,” Mason said.

None of the winners in Kansas governor races in 2014, 2018 and 2022 received a clear mandate from voters. In 2014, Republican Gov. Sam Brownback won reelection with 49.8% against Democrat Paul Davis’ 46.1% and independent candidate Keen Umbehr’s 4%.

Democratic Gov. Laura Kelly took over on the second floor of the Capitol after claiming 48% of the 2018 vote. She defeated GOP nominee Kris Kobach’s 42.9%, independent Greg Orman’s 6.5%, Libertarian Jeff Caldwell’s 1.9% and independent Rick Kloos’ 0.6%. In 2022, much to the surprise of the Republican Party, Kelly won reelection against GOP Attorney General Derek Schmidt. Kelly had 49.4% as Schmidt tallied 47.3%, independent Dennis Pyle had 2% and Libertarian Seth Cordell finished with 1.1%.

If the bill moves through the House and Senate and earns the governor’s signature, the change would apply only to independent candidates for statewide office. The four established political parties in Kansas — Republican, Democratic, Libertarian and No Labels — would rely on the existing party nomination process.

In a statement, the American Civil Liberties Union of Kansas said the array of election bills moving through the House and Senate were bound to an “anti-democratic theme” based on the premise lawmakers should make it more difficult to register, cast a ballot and have votes counted.

“Democracy is not a partisan matter. It’s the very foundation that ensures each Kansas voter can have a voice in the laws and policies affecting their lives,” said Micah Kubic, executive director of ACLU of Kansas. “The election process is the single most meaningful way for Kansans to hold their elected officials accountable. So, it’s particularly disturbing to see some of those same elected officials leverage their power to undermine that fundamental process of accountability. Democracy is strongest when more people participate, and these bills are designed to make fewer people participate.”

Saturday voting

Rep. Paul Waggoner, a Hutchinson Republican, convinced the House to provide preliminary approval of a bill reforming the state’s in-person advance voting law. He led opposition to an amendment offered by a Democrat that would allow more people to be included on county lists to automatically receive advance ballots.

House Bill 2512 would end in-person advance voting on the Monday before a Tuesday election. Instead, counties would be required to offer at least four hours of advance in-person voting on the Saturday before a Tuesday election. As of Jan. 1, 2025, the bill said, all in-person voting before an election must end at 7 p.m. Sunday. Existing law allows voters to deliver in-person advance ballots until noon Monday.

During House consideration of the bill, most of the conversation was about two amendments by House Minority Leader Vic Miller, D-Topeka. The first, approved by the GOP-led House, would enable county clerks on a case-by-case basis to allow in-person delivery of advance ballots in case of emergency until noon Monday.

Miller’s second amendment, which was rejected, would expand to all voters the option of being placed on a permanent list of people to receive advance ballots in the mail before elections. Current Kansas statute limits that advance-ballot directory to people with disability or an acute illness making it challenging to cast a vote in person. All other Kansans wishing an advance ballot must apply anew before every election.

“If you want to see a total expansion of the in-person advance voting status, this is exactly what this amendment is designed to do,” Waggoner said. “That would be a total mistake as far as keeping our election process clean, transparent and the notion of trying to create an environment where you do have complete confidence in the integrity of the election.”

‘Official’ election worker

Rep. Leah Howell, a Derby Republican, carried on the House floor legislation that she said addressed flaws in a 2021 law that made it a crime for people to impersonate an election official. The statute triggered a lawsuit now under review by the Kansas Supreme Court, which heard oral arguments Tuesday in the case.

Howell said language in House Bill 2618 would amend state law to require prosecutors to prove “intent” whenever charging a person with falsely representing an election official. The alteration of the statute was requested by Attorney General Kris Kobach.

“This is hopefully going to remove some vagueness and make it more clear how we want this bill to be applied,” Howell said.

Organizations that strive to register voters in Kansas, such as the League of Women Voters of Kansas, stopped doing that work due to concern they could be charged with a felony by the attorney general or a local prosecutor. They argued the law forbidding someone from displaying “the appearance of being an election official” or causing someone to “believe” a person was engaging in that conduct was unconstitutional.

Neither existing statute nor the proposed bill that promised to remedy the legal problem was acceptable because neither included a list of specific forbidden activities, said Rep. Brandon Woodard, D-Lenexa. He proposed an amendment that would have gutted the bill sought by Kobach, but it was defeated by the House.

“This still chills speech or the ability for organizations out there wanting to help get folks registered to vote,” Woodard said.

Correction: A previous version of this story incorrectly said the Kansas House defeated a motion by Rep. Vic Miller, D-Topeka, allowing county election officers to accept in-person advance ballots until noon Monday before a Tuesday election on a case-by-case basis.