A Washington D.C. non-profit “voter advocacy group” injected itself into the upcoming general election in Kansas after sending 43,000 pre-filled-out advance mail ballot applications to voters in Johnson County.
There was just one problem — the return address for the Johnson County Election Officer was wrong.
According to the Sunflower State Journal, the Center for Voter Information sent the personalized packet with the mail-ballot application and included a return envelope for residents to sign and send back. However, the return envelope included the wrong return address, and the Journal reports that County Election Commissioner Fred Sherman said the return envelope listed the Johnson County election office address as 2102 E. Kansas City Road instead of 2101 E. Kansas City Road. It also apparently included an address bar code that did not include a zip code.
Sherman told the Journal that he was “working with the United States Post Office to redirect” the ballots.
Why it would be the responsibility of the county election commissioner to try to redirect applications with an incorrect address sent to residents by a third party is unclear.
Pre-populated ballots and applications such as these would have been illegal under state law in 2021, but this was struck down by a federal court.
“Last year, U.S. District Judge Kathryn Vratil found that the law prohibiting the mailing of advanced ballot applications with personalized voter information violates the constitutional right to free speech and association,” the Journal reported. “The state argued that the personalized application prohibition was necessary to minimize voter confusion, preserve and enhance voter confidence, reduce the rejection of inaccurate ballot applications and reduce the risk of fraud.”
Vratil dismissed those arguments, however, particularly regarding voter fraud and whether an increase in ballot applications led to mistakes in the 2020 election.
Kansas Attorney General Kris Kobach has appealed the decision to the United States 10th Circuit Court of Appeals.
“This incident is exactly what the Legislature was trying to prevent. And it is why my office is defending that Kansas law in court,” Kobach said in an email statement to the Sentinel “These pre-filled ballot applications cause voter confusion, undermine confidence in our elections, and can result in voters being disenfranchised.”
Not the first time pre-filled ballot applications sent in Johnson County
Johnson County, as the most populous and quickly becoming the most liberal county in the state, has been a prime target for such mailers in the past.
In October of last year, amid voter complaints and privacy concerns, Secretary of State Scott Schwab ordered the Johnson County Election Office to halt sending out pre-filled advance voting applications.
The county began sending such applications for ballots in 2020 when the pandemic resulted in many voters mailing back their ballots. The practice was discontinued the next year and in 2022 but resumed this year. JOCO Election Commissioner Fred Sherman said his office had received about 1,000 completed applications. The rest already sent to voters are still valid.
“For the 2023 General municipal election, Mr. Sherman mailed pre-populated advance mail applications to active registered Johnson County voters,” Schwab said at the time. “This took place in early September. The office’s concern was voter privacy and confusion. Therefore, we have directed Mr. Sherman to not send pre-populated mail ballot applications again going forward.”
