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February 07, 2007



Not sure what happened to the earlier thread but underlying the story regardless of outcome is a lack of control over the process of counting provisional ballots.

The ballots should have never been commingled so that when it was determined that the was residency issues the impact could be determined. The whole effort ended up be futile becuase the provisionals ended of being mixed in so that even if they were disqualified they had to count.

This is not a party issue but a process problem.

Brian Newby

That's actually not the case. All ballots are separated from envelopes to ensure voter privacy, as required by Kansas and federal law, and then all paper ballots are stored together in sealed containers, again as required by Kansas law. Ballot envelopes are not initially opened until ordered by the Board of Canvassers. Although there never was a legal ruling on the residency issues, the issues themselves were not raised until December 20, more than 5 weeks after the provisional ballots were ordered to be counted, the election was certified, a recount was requested and conducted, and those results were certified. I'd be glad to meet with anyone to discuss these processes....just email me at


Brian, thanks for the info. So is the post above incorrect when it said "The committee didn’t go along because if was unclear who those voters had chosen in the 16th District race. Their ballots had been commingled with hundreds of others."?

Are you saying that they were not commingled or that with the passage of time it no longer mattered. Not sure why the pace was slow but it would not seem to effect the need to keep these segregated as long as there was an issue.

Mike Shaw

Newby, you fouled this one up pretty heavily. Thankfully, there's not going to be an ugly fight in the House. You may have avoided a major bullet here, but you shouldn't come out unscathed. You should be thanking your lucky stars, sir.


Once again we have a Republican backing down, to save everyone the trouble of a nasty fight.

Good for us.

Had it all been the other way…the Democrats would have fought to the bitter end, I’m sure.


No way t-square. (smile)

Ask any Dem and they'll tell you not so. Bush v. Gore (2000) never happened. Florida is not a state, but instead the name of the wife on the old show the Jeffersons.

Brian Newby

Mike, I respectfully disagree, but would be glad to discuss. You can call me at 913-715-6850.

On the other question, the post is correct. Once paper ballot envelopes are opened, provisional or not, all identifying information regarding the voter (the envelope) is separated from the ballot. All ballots are then processed together. So, the point is, no one can determine how anyone voted because all ballots are stored together. The fact that any ballot was once provisional is irrelevant at that point. Even if you kept all provisionals in a separate bundle, or even by category in further separated bundled, you couldn't determine who voted a particular ballot. Voter secrecy is always preserved, as required by law.


Ooops I've been corrected. Florida Evans was the wife in the show Good Times.

No Dems to jump all over this and twist it into some form of oppression?

Or could it be just plain be a fun little comparison about a popular sitcom that is easier to remember than the state of Florida in 2000.


jeetz, if someone is proofing your "work" here, and you are posting corrections, that would lead me to believe you have an accomplice here on the boards. Why not fess up? Provide a name.


Accomplice sounds so criminal. Instead I like a little Faith Hill, "I've got this friend..."


Ever consider the fact that he might have asked a co- worker?


One last question then Brian. In an extremely close election like this one, if irregularities are found how are they to be corrected. It doesn't say that the committee disagreed that they were incorrectly cast but that they could do nothing because they could not tell who they voted for.

Seems like an impossible situation for any challenger.




No, because most people don't share the fact that they post online during business hours, a snitch would turn him in. Plus, its pretty much an anon board, most would prefer their co-workers not be aware of what they write. (unless you worked for Jackson Country prior to the November election)

jeetz, I was thinking "conspiracy" more than "criminal" either way, I'm good with that.



Now calm down. There is no conspiracy, nor acrime. Unless it is a crime to stay somewhat well-versed and up-to-date on select issue. Then I plead guilty.

But if you notice, I've only posted about Kansas and national politics.

I'm not a Jackson County resident, nor even care about elections there.

But hey, think what you want. I'm just having fun. And serious when need be.



Oh, and I posted on the Krispy Kreme thread regarding baseball. That is a favorite topic.

Gotta scoot.

Brian Newby

Shrugging....please call me and we can discuss, because it's probably a deeper issue than a post. But, basically, the claim with these particular voters wasn't that of an irregularity, but really that they committed a crime by voting when they weren't qualified to do so. I don't know that any definitive ruling has been made on that--I can send you the court order that talks through all of these issues. The interval between election day and the certification by the canvass board is relatively short, so extending that interval might allow the parties to challenge a particular voter before the canvass, but that would require state law changes and I'm not sure it would ever give enough time for such a close election.


Congrats Gene!


I remember Florida, that's when the Democrats TRIED to steal an election and falied. This time they succeeded.

Corey Mohn

Kudos to Kriegshauser. I believe he could have been declared the winner in the House. He did the right thing and stepped away. In an era where the Kansas GOP continues to step all over themselves, one of their own stepped up. Give credit where credit is due.

And, congrats Gene, on a victory earned (even if by only two votes).


And of course Al Gore is your poster child, right Corey? He stepped right up like Krieghauser did?

You crack me up man.


Yeah, Kriegshauser is a big man...

- In the letter, Kriegshauser said he had been advised that he could win the seat in a vote by the full House, where Republicans outnumber Democrats 78-47.

"However, I believe that such an exercise, regardless of outcome, in today's political climate, would likely impede the thoughtful deliberation of other important matters before this body," he wrote. -

OK, he lost the full election count, he lost after the canvas and examining of the provisional ballots, he lost a full recount, a judge upheld the results, and a House committee declared he lost. How many times do you have to be told "you lose" to accept it.

If the election was overturned, this would have turned into a Phill Kline situation. An appointment of a hard right candidate that can't carry the popular Republican vote in a Republican district and over the wishes of the peoples' vote. If appointed, Kriegshauser would have lost huge in the next election. By giving up his lawsuit to overturn the election, he lives to run another day. What a selfless individual...


jeetz, Kansas man, huh? Okay, KU or KSU?

I don't have a problem with you having a wing man on the board. You wouldn't be the first.



No wing man, just friends who know I can handle myself so they watch. They're birds of a northern feather and they get way more ruffled than me.

KU/KSU. So Kansas is only a two-party sports system? I think WSU would disagree. But, if pressed, I'm partial to purple (you know, a little red -- a little blue) so I kind of like Huggy Bear.



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