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Kansas Legislature overrode Gov. Kelly's veto to enact SB4, ending the three-day mail-ballot grace period

On March 25, 2025, the Republican-controlled Kansas Legislature overrode Gov. Laura Kelly's veto to enact Senate Bill 4, eliminating the state's three-day grace period for advance mail ballots. The law requires rejection of any mail ballot not received by county election officers by 7 p.m. on Election Day, replacing a rule that had counted ballots postmarked by Election Day and received within three days.

Jurisdiction
Kansas
Location
Topeka, Kansas

Abuses documented

Actors

On March 25, 2025, the Kansas House and Senate voted to override Gov. Laura Kelly's veto of Senate Bill 4, enacting a law that eliminates the three-day grace period for returning advance mail-in ballots. The Senate overrode the veto 30-10 and the House 84-41, with votes falling along party lines. Beginning January 1, 2026, any voter using an advance ballot must have it physically received by county election officials by 7 p.m. on Election Day; previously, ballots postmarked by Election Day were counted if they arrived within the following three days.

Kelly, a Democrat, had vetoed the bill the previous day, warning it would disenfranchise voters. The Kansas Secretary of State's Office had provided written testimony showing that more than 2,000 ballots from the November 2024 election would have been disqualified under the new deadline. The law places the risk of postal delay on voters rather than counting ballots that were mailed on time.

Updates

2026-07-16 — Judge temporarily blocked SB4, restoring the grace period [4, 5]

On July 16, 2026, Douglas County District Court Judge Carl Folsom issued a temporary injunction halting SB4 and keeping the three-day grace period in effect pending trial, finding the plaintiffs "substantially likely to prevail on each of their claims." The suit was brought by Kansas Appleseed, Loud Light, the Disability Rights Center of Kansas, and three Kansas voters against Secretary of State Scott Schwab and Douglas County Clerk Jamie Shew.

2026-07-16 — State officials appealed the injunction to the Kansas Supreme Court [6]

Hours after Judge Folsom's ruling, Secretary of State Scott Schwab and Attorney General Kris Kobach filed an emergency appeal with the Kansas Supreme Court seeking to reinstate SB4's Election Day receipt deadline; the temporary injunction restoring the three-day grace period remained in effect pending the appeal's resolution.

Why we recorded this

Free and fair elections depend on every eligible ballot being counted. The Republican-controlled Kansas Legislature overrode Gov. Laura Kelly's veto to enact SB4, which requires county officials to reject any advance mail ballot not physically received by 7 p.m. on Election Day, repealing a grace period that had counted ballots postmarked by Election Day and arriving within three days. By disqualifying timely-mailed ballots delayed only by the postal system, the law narrows access to voting for those who rely on mail and shifts the risk of postal delay onto the voter.

Sources

  1. SB 4 — Kansas Legislature primary accessed July 17, 2026
  2. Kansas lawmakers end three-day grace period for mail-in ballots, override governor's veto — KWCH secondary accessed July 17, 2026
  3. Kansas Legislature overrides governor's veto of bill to limit advance voting — Kansas Reflector investigative accessed July 17, 2026
  4. Kansas judge issues injunction temporarily blocking repeal of voters' 3-day grace period — Kansas Reflector investigative accessed July 17, 2026
  5. Kansas judge temporarily blocks election law repealing 3-day grace period for mail-in ballots — KCUR investigative accessed July 17, 2026
  6. Kansas judge temporarily reinstates mail ballot grace period, state leaders file appeals — WIBW investigative accessed July 17, 2026

See also