Kansas Secretary of State election, 2018 (August 7 Republican primary)

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2022
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Kansas Secretary of State
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Democratic primary
Republican primary
General election
Election details
Filing deadline: June 1, 2018
Primary: August 7, 2018
General: November 6, 2018

Pre-election incumbent(s):
Kris Kobach (Republican)
How to vote
Poll times: 7 a.m. to 7 p.m.
Voting in Kansas
Ballotpedia analysis
Federal and state primary competitiveness
State executive elections in 2018
Impact of term limits in 2018
State government trifectas
State government triplexes
Ballotpedia's Election Analysis Hub, 2018
Kansas
executive elections
Governor

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Secretary of state
Treasurer
Insurance commissioner
State board of education

State Rep. Scott Schwab won the five-candidate Republican primary to replace Kris Kobach (R) as Kansas' secretary of state. Kobach, a candidate for governor in 2018, pursued policies he said were intended to prevent voter fraud such as the 2011 SAFE Act, which, among other things, required Kansans to provide proof of citizenship when registering to vote.

Although Schwab generally agreed with the Kobach-era voting policies, he said Kobach created distractions due to the lawsuits filed against him and his involvement with the Trump administration's Presidential Advisory Commission on Election Integrity.[1] In addition to pursuing Kobach's voting policies, Schwab said he would focus on following the legislative intent of the laws the offices administers, creating paper ballot trails in all voting booths, and upgrading the office's business database.[2]

Craig McCullah, who worked in Kobach's office and was among the state's first voter fraud investigators, was right behind Schwab in fundraising. He said Kobach gave Kansas one of the most secure election systems in the country, but he would still move toward paper ballots and work to reduce inefficiencies in the office.[2][1]

Attorney and former government employee Dennis Taylor was the only candidate who criticized the SAFE Act. He said he would not appeal a June 2018 federal court ruling that the proof of citizenship requirement was unconstitutional.[3][2] Taylor, who was endorsed by the Wichita Eagle, further said Kobach had not been an effective secretary of state and that his office did not take cybersecurity seriously enough.[4][1]

Behind Schwab, McCullah, and Taylor in fundraising were state Rep. Keith Esau and Republican activist Randy Duncan. Esau chaired the House Elections Committee and, while he supported the SAFE Act, he said that proof of citizenship documents should be made easier to obtain.[4] He said his first priority would be to upgrade the office's computer system.[2]

Duncan said he would focus on giving support and autonomy to local election offices.[2]



Candidates and election results

Scott Schwab defeated Randy Duncan, Dennis Taylor, Craig McCullah, and Keith Esau in the Republican primary for Kansas Secretary of State on August 7, 2018.

Republican primary election

Republican primary for Kansas Secretary of State

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/220px-Scott_Schwab_headshot.jpg
Scott Schwab
 
38.3
 
108,705
Silhouette Placeholder Image.png
Randy Duncan
 
20.2
 
57,236
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/dtaylor.jpg
Dennis Taylor
 
19.9
 
56,537
Silhouette Placeholder Image.png
Craig McCullah
 
11.5
 
32,615
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Keith_Esau.jpg
Keith Esau
 
10.0
 
28,426

Total votes: 283,519
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Campaign finance

Campaign finance reports as of August 1, 2018[5]
Candidate Contributions Expenditures Cash on Hand
Randy Duncan $3,151 $3,111 $40
Keith Esau $22,792 $18,555 $4,237
Craig McCullah $149,140 $75,839 $73,301
Scott Schwab $152,305 $133,591 $18,864
Dennis Taylor $73,335 $71,830 $1,505

Noteworthy events

Federal judge strikes down SAFE Act

See also: Voting in Kansas

On June 18, 2018, federal Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down a provision of the SAFE Act establishing that Kansans must present proof of citizenship in order to register to vote (documentary proof of citizenship, or DPOC, law). Robinson ordered Secretary of State Kris Kobach (R) to ensure that "all elections-related public education materials ... make clear that voter registration applicants need not provide DPOC in order to become registered to vote, and need not provide any additional information in order to complete their voter registration applications." Kobach's office initially advised county clerks to continue enforcing the DPOC law pending further written guidance, but advised county clerks on June 20, 2018, to comply with Robinson's order.[6][7]

Robinson's ruling came as the result of two separate lawsuits, which were consolidated for trial: Fish v. Kobach and Bednasek v. Kobach. Robinson wrote the following in her ruling:

[The] magnitude of the burden on unregistered eligible Kansas voters cannot be justified by the State interests relied on by the Defendant [i.e., Kris Kobach (R), in his capacity as secretary of state]. The evidence at trial demonstrated that those interests, while legitimate, are not furthered by the DPOC law. Instead, the DPOC law disproportionately impacts duly qualified registration applications, while only nominally preventing noncitizen voter registration. It also may have the inadvertent effect of eroding, instead of maintaining, confidence in the electoral system given the confusing, evolving, and inconsistent enforcement of the DPOC laws since 2013.[8]
—Judge Julie Robinson

Robinson also ordered Kobach to take six additional hours of continuing legal education courses pertaining to federal or state civil rules of procedure or evidence.[9]

Danedri Herbert, a spokeswoman for Kobach, criticized the decision: "Robinson is the first judge in the country to come to the extreme conclusion that requiring a voter to prove his citizenship is unconstitutional. Her conclusion is incorrect, and it is inconsistent with precedents of the U.S. Supreme Court."[10]

Context of the 2018 election

Heading into the 2018 election, the sitting secretary of state was Kris Kobach (R), who was first elected in 2010 and was re-elected in 2014. Kobach announced on June 17, 2017, that he would run for governor rather than seek a third term in 2018.

Kansas was a Republican trifecta, a status it held since Gov. Sam Brownback (R) took office in 2011.

Kansas was a Republican triplex.

Kansas was won by the Republican candidate in each of the five previous presidential elections. The widest margin of victory was George W. Bush's 25 percent margin in 2004 while the narrowest was John McCain's 15 percent margin in 2008.

Past elections

2014

See also: Kansas secretary of state election, 2014

Kris Kobach ran for re-election as secretary of state of Kansas in the 2014 election. In the Republican primary, Kobach defeated Scott Morgan by a 29.6 percent margin.[11]

Kansas Secretary of State, Republican Primary, 2014
Candidate Vote % Votes
Green check mark transparent.pngKris Kobach Incumbent 64.8% 166,793
Scott Morgan 35.2% 90,680
Total Votes 257,473
Election results via Kansas Secretary of State.


Voter information

How the primary works

A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Kansas utilizes a semi-closed primary process, in which previously unaffiliated voters can participate in the partisan primary of their choice (a voter who is already affiliated with a party can only vote in that party's primary).[12][13][14][15]

For information about which offices are nominated via primary election, see this article.

Poll times

In Kansas, most polls are open from 7:00 a.m. to 7:00 p.m. Central Time, as Kansas mandates in its state laws that the polls must be open a minimum of 12 hours. Counties may open the polls earlier and close them later. If the polls close while a voter is in line, he or she will still be permitted to vote.[16]

Registration requirements

Check your voter registration status here.

To vote in Kansas, one must be a citizen of the United States and a resident of Kansas. In order to register, an individual must be least 18 years old before the next election. Voters must register at least 21 days prior to Election Day. Registration can be done by completing and returning an application, either in person or by mail. Registration may also be completed online.[17]

On June 18, 2018, a federal judge struck down a Kansas law requiring citizens to present proof of citizenship when registering to vote. A federal appeals court subsequently affirmed that decision. For more information, see below.

Automatic registration

Kansas does not practice automatic voter registration.

Online registration

See also: Online voter registration

Kansas has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Kansas does not allow same-day voter registration.

Residency requirements

To register to vote in Kansas, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

A provision of Kansas’ SAFE Act went into effect on January 1, 2013, requiring individuals to provide proof of citizenship with their voter registration applications. On June 18, 2018, Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down the proof of citizenship provision and ordered Secretary of State Kris Kobach (R) to stop enforcing the rule. On June 20, 2018, Kobach’s office advised county clerks to comply with Robinson’s order. Kobach appealed the decision to the United States Court of Appeals for the Tenth Circuit, which heard oral arguments on March 18, 2019. On April 29, 2020, a Tenth Circuit panel affirmed the district court's ruling.[18][19][20][21]

Verifying your registration

The site Voter View, run by the Kansas Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Kansas requires voters to present photo identification while voting.[22]

Voters can present the following forms of identification:

  • Driver's license or nondriver's identification card issued by Kansas or by another state or district of the United States
  • Concealed carry of handgun license issued by Kansas or a concealed carry of handgun or weapon license issued by another state or district of the United States
  • United States passport
  • Employee badge or identification document issued by a municipal, county, state, or federal government office
  • Military identification document issued by the United States
  • Student identification card issued by an accredited postsecondary institution of education in the state of Kansas
  • Public assistance identification card issued by a municipal, county, state, or federal government office
  • Identification card issued by an Indian tribe

A photo ID does not need to have an expiration date, but, if it does have an expiration date, it must not have expired at the time of voting. If the voter is over the age of 65, he or she can use an expired ID.[22]

The following voters are exempt from providing photo ID:[22]

  • Military and overseas citizens who vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
  • Voters who vote in mail ballot elections, which are limited to local jurisdictions holding special question-submitted elections
  • Voters who are accepted to the permanent advance voting list
  • Any voter who objects to having his or her photo taken because of his or her religious beliefs. The voter can complete and sign the Declaration of Religious Objection form.

Voters who do not have a photo ID can obtain one for free through the Division of Vehicles, Kansas Department of Revenue. The voter must provide proof of identity and proof of residence. The voter must also sign an affidavit. Voters can access the Certification Requesting Fee Waiver for Nondriver Identification Card form at all driver's license offices, county election offices, and on the secretary of state's website. If a voter does not have the proper documents to obtain a nondriver ID card, he or she can obtain a Kansas birth certificate from the Kansas Office of Vital Statistics for free. Voters can also apply for a free State Voter Identification Document. Voters should contact the election division of the secretary of state's office at election@sos.ks.gov or (800) 262-VOTE to apply.[22]

Early voting

Kansas permits early voting. Learn more by visiting this website.

Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee ballots in person are counted as no-excuse early voting states.


Absentee voting

All voters are eligible to vote absentee in Kansas. There are no special eligibility requirements for voting absentee. An absentee ballot application must be received by the Tuesday prior to the election. Kansas refers to absentee voting as "advance voting."[23]


State overview

Partisan control

This section details the partisan control of federal and state positions in Kansas heading into the 2018 elections.

Congressional delegation

State executives

State legislature

Republicans controlled both chambers of the Kansas State Legislature. They had a 85-40 majority in the state House and a 30-9 majority in the state Senate.

Trifecta status

  • Kansas had a Republican trifecta, meaning that the Republican Party controlled both chambers of the state legislature and the governorship. Jeff Colyer served as governor; he succeeded Sam Brownback, who left office in January 2018 after being appointed ambassador-at-large for international religious freedom by Pres. Donald Trump.

2018 elections

See also: Kansas elections, 2018

Kansas held elections for the following positions in 2018:

Demographics

Demographic data for Kansas
 KansasU.S.
Total population:2,906,721316,515,021
Land area (sq mi):81,7593,531,905
Race and ethnicity**
White:85.2%73.6%
Black/African American:5.8%12.6%
Asian:2.6%5.1%
Native American:0.8%0.8%
Pacific Islander:0.1%0.2%
Two or more:3.3%3%
Hispanic/Latino:11.2%17.1%
Education
High school graduation rate:90.2%86.7%
College graduation rate:31%29.8%
Income
Median household income:$52,205$53,889
Persons below poverty level:15%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Kansas.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

As of July 2016, Kansas' three largest cities were Wichita (pop. est. 390,000), Overland Park (pop. est. 190,000), and Kansas City (pop. est. 150,000).[24]

State election history

This section provides an overview of federal and state elections in Kansas from 2000 to 2016. All data comes from the Kansas Secretary of State.

Historical elections

Presidential elections

This chart shows the results of the presidential election in Kansas every year from 2000 to 2016.

Election results (President of the United States), Kansas 2000-2016
Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
2016 Republican Party Donald Trump 56.6% Democratic Party Hillary Clinton 36.0% 20.6%
2012 Republican Party Mitt Romney 59.7% Democratic Party Barack Obama 37.9% 21.8%
2008 Republican Party John McCain 56.6% Democratic Party Barack Obama 41.6% 15.0%
2004 Republican Party George W. Bush 62.0% Democratic Party John Kerry 36.6% 25.4%
2000 Republican Party George W. Bush 58.0% Democratic Party Al Gore 37.2% 20.8%

U.S. Senate elections, 2000-2016

This chart shows the results of U.S. Senate races in Kansas from 2000 to 2016. Every state has two Senate seats, and each seat goes up for election every six years. The terms of the seats are staggered so that roughly one-third of the seats are up every two years.

Election results (U.S. Senator), Kansas 2000-2016
Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
2016 Republican Party Jerry Moran 62.1% Democratic Party Patrick Wiesner 32.2% 29.9%
2014 Republican Party Pat Roberts 53.1% Grey.png Greg Orman 42.5% 10.6%
2010 Republican Party Jerry Moran 70.0% Democratic Party Lisa Johnston 26.3% 43.7%
2008 Republican Party Pat Roberts 60.0% Democratic Party Jim Slattery 36.4% 23.6%
2004 Republican Party Sam Brownback 69.1% Democratic Party Lee Jones 27.4% 41.7%
2002 Republican Party Pat Roberts 82.5% Libertarian Party Steven Rosile 9.1% 73.4%

Gubernatorial elections, 2000-2016

This chart shows the results of the four gubernatorial elections held between 2000 and 2016. Gubernatorial elections are held every four years in Kansas.

Election results (Governor), Kansas 2000-2016
Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
2014 Republican Party Sam Brownback 49.8% Democratic Party Paul Davis 46.1% 3.7%
2010 Republican Party Sam Brownback 63.2% Democratic Party Tom Holland 32.2% 31.0%
2006 Democratic Party Kathleen Sebelius 57.9% Republican Party Jim Barnett 40.4% 17.5%
2002 Democratic Party Kathleen Sebelius 52.9% Republican Party Tim Shallenburger 45.1% 7.8%

Congressional delegation, 2000-2016

This chart shows the number of Democrats and Republicans who were elected to represent Kansas in the U.S. House from 2000 to 2016. Elections for U.S. House seats are held every two years.

Congressional delegation, Kansas 2000-2016
Year Republicans Republicans (%) Democrats Democrats (%) Balance of power
2016 Republican Party 4 100% Democratic Party 0 0% R+4
2014 Republican Party 4 100% Democratic Party 0 0% R+4
2012 Republican Party 4 100% Democratic Party 0 0% R+4
2010 Republican Party 4 100% Democratic Party 0 0% R+4
2008 Republican Party 3 75.0% Democratic Party 1 25.0% R+3
2006 Republican Party 2 50.0% Democratic Party 2 50.0% Split
2004 Republican Party 3 75.0% Democratic Party 1 25.0% R+3
2002 Republican Party 3 75.0% Democratic Party 1 25.0% R+3
2000 Republican Party 3 75.0% Democratic Party 1 25.0% R+3

Trifectas, 1992-2017

A state government trifecta occurs when one party controls both chambers of the state legislature and the governor's office.

Kansas Party Control: 1992-2024
No Democratic trifectas  •  Sixteen years of Republican trifectas

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Governor D D D R R R R R R R R D D D D D D D D R R R R R R R R D D D D D D
Senate R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R
House D R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R


Pivot Counties

See also: Pivot Counties by state

There are no Pivot Counties in Kansas. Pivot Counties are counties that voted for Barack Obama (D) in 2008 and 2012 and for Donald Trump (R) in 2016. Altogether, the nation had 206 Pivot Counties, with most being concentrated in upper midwestern and northeastern states.

In the 2016 presidential election, Donald Trump (R) won Kansas with 56.7 percent of the vote. Hillary Clinton (D) received 36.1 percent. In presidential elections between 1864 and 2016, Kansas voted Republican 84.21 percent of the time and Democratic 15.78 percent of the time. In the five presidential elections between 2000 and 2016, Kansas voted Republican all five times.[25]

Presidential results by legislative district

The following table details results of the 2012 and 2016 presidential elections by state House districts in Kansas. Click [show] to expand the table. The "Obama," "Romney," "Clinton," and "Trump" columns describe the percent of the vote each presidential candidate received in the district. The "2012 Margin" and "2016 Margin" columns describe the margin of victory between the two presidential candidates in those years. The "Party Control" column notes which party held that seat heading into the 2018 general election. Data on the results of the 2012 and 2016 presidential elections broken down by state legislative districts was compiled by Daily Kos.[26][27]

In 2012, Barack Obama (D) won 29 out of 125 state House districts in Kansas with an average margin of victory of 21.8 points. In 2016, Hillary Clinton (D) won 34 out of 125 state House districts in Kansas with an average margin of victory of 20.9 points. Clinton won six districts controlled by Republicans heading into the 2018 elections.
In 2012, Mitt Romney (R) won 96 out of 125 state House districts in Kansas with an average margin of victory of 32.8 points. In 2016, Donald Trump (R) won 91 out of 125 state House districts in Kansas with an average margin of victory of 35.5 points. Trump won 11 districts controlled by Democrats heading into the 2018 elections.


See also

Kansas government:

Elections:

Ballotpedia exclusives:

External links

Footnotes

  1. 1.0 1.1 1.2 KCUR, "After Kobach’s Controversies, Kansas Secretary Of State Candidates Stress Competence," July 6, 2018
  2. 2.0 2.1 2.2 2.3 2.4 Wichita Eagle, "Who will follow Kobach in voting office? Several candidates vie to be secretary of state," July 27, 2018
  3. KCUR, "Federal Judge Rules Kansas Can’t Make Voters Show Citizenship Papers To Register," June 19, 2018
  4. 4.0 4.1 Wichita Eagle, "The Eagle’s endorsement for the Secretary of State GOP primary," July 29, 2018
  5. Kansas Government Ethics Commission, "2018 Election Cycle Forms & Reports," accessed August 1, 2018
  6. United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  7. The Topeka Capital-Journal, "Kobach's office tells counties to stop asking for proof of citizenship," June 20, 2018
  8. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  10. The Topeka Capital-Journal, "Judge sides with ACLU in voter registration fight, orders Kobach to go to school," June 18, 2018
  11. Kansas Secretary of State, "2014 Primary Election Official Vote Totals," accessed September 26, 2017
  12. National Conference of State Legislatures, "State Primary Election Types," accessed March 30, 2023
  13. FairVote, "Open and closed primaries," accessed March 30, 2023
  14. Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
  15. Scott Schwab Kansas Secretary of State, "Voting Rules for Primary Elections," accessed March 30, 2023
  16. State of Kansas Secretary of State, “Frequently Asked Questions” accessed March 24, 2023
  17. Kansas Office of the Secretary of State, "Kansas Voter Registration Instructions," accessed March 24, 2023
  18. United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  19. The Topeka Capital-Journal, "Kobach's office tells counties to stop asking for proof of citizenship," June 20, 2018
  20. AP News, "Kansas hopes to resurrect proof-of-citizenship voting law," March 18, 2019
  21. United States Court of Appeals for the Tenth Circuit, "Fish v. Schwab: Opinion and Order," April 29, 2020
  22. 22.0 22.1 22.2 22.3 Kansas Secretary of State, "Elections - FAQ," accessed March 24, 2023
  23. Kansas Office of Revisor of Statutes, “K.S.A. 25-1122” accessed March 24, 2023
  24. Kansas Demographics, "Kansas Cities by Population," accessed September 4, 2018
  25. 270towin.com, "Kansas," accessed June 1, 2017
  26. Daily Kos, "Daily Kos Elections' statewide election results by congressional and legislative districts," July 9, 2013
  27. Daily Kos, "Daily Kos Elections' 2016 presidential results for congressional and legislative districts," February 6, 2017