Kansas: Judge to decide if top election official can withhold records by altering software | Sherman Smith/The Kansas City Star
An attorney for the American Civil Liberties Union of Kansas says the state’s open records law might as well not exist if Secretary of State Scott Schwab is allowed to keep public information hidden by reconfiguring software. Attorney Josh Pierson argued Wednesday in Shawnee County District Court for the release of provisional ballot data requested by Davis Hammet, a voter rights advocate who hoped to educate the public about why their ballots weren’t being counted. Hammet won a lawsuit last year over whether details about provisional ballots are a public record, and District Judge Teresa Watson ordered Schwab to turn the information over. The Republican secretary of state, whose agency oversees elections and manages a statewide voter database, instead ordered software engineers to remove the database function that allows the agency to produce the records. The secretary then denied Hammet’s request on the grounds that the records no longer exist. Schwab’s office told Hammet he could still get access to the data, but only if he paid $522 for the database vendor, Election Systems & Software, to retrieve it. Hammet sued again, with support from the ACLU. “This is gamesmanship,” Pierson said. “This was an attempt by the secretary to not have to produce these records that he litigated to not have to produce. He lost. He took matters into his own hands.”
Full Article: Schwab altered software to hide records, voting activist says. | The Kansas City Star