Still no winner? Here’s how 2 Johnson County races for the Kansas House will be decided
More than a week after Election Day, why are two legislative races in Johnson County still not settled? What’s going on here?
Nothing alarming at all. In fact, it’s reassuring.
Two Johnson County races for the Kansas House are simply separated by an astounding one and nine votes, respectively — and the county’s rulings this week on some 13,000 uncounted provisional ballots will determine the two winners.
As of Tuesday, Republican Terry Frederick led Democratic incumbent Jennifer Day by nine votes in the District 48 race.
In the District 16 race to replace Democrat state Rep. Cindy Holscher, fellow Democrat Linda Featherston led Republican Rashard Young by just one vote.
You can see why 13,000 uncounted provisional ballots might be of great interest in such races. But the twists and turns and ups and downs in the District 16 race have been exceptionally dizzying, worthy of a ride at Worlds of Fun. On election night, Young thought he’d lost by four votes. The next day, by 14. On Thursday, he was actually up a vote. Friday, Featherston was up by one.
This is why few people in politics think it’s boring — and why, even in a huge turnout election, every vote matters. Look at it this way: Out of 13,811 votes cast in the Featherston-Young race, there’s a one-vote difference before provisionals are tabulated.
Still think voting doesn’t mean anything?
“Your vote does matter,” Young said. “Your vote does count. And I think this is living proof of that.”
“Every single vote matters. We’ve seen in the presidential race how much votes do matter,” said Fabian Shepard, Johnson County Republican Party chairman.
As further evidence of that: State Rep. David Benson, the resigning Democrat whom Day was appointed to replace earlier this year, won the District 48 seat by just 82 votes in 2018. So, no surprise it would be close again.
Young’s showing against Featherston in House District 16 is more remarkable, considering the fact that while a newcomer like him, Featherston had the backing of incumbent Holscher — who won the seat in 2018 by a whopping 20 points.
“I had a lot of odds stacked against me,” said Young, who’s buoyant regardless of the provisional ballot outcome. “Either way, it’s not over, and this is not the end for me.”
Republicans are hoping the provisional ballots break their way because of heavier GOP in-person turnout on Election Day.
Some 13,000 provisional ballots, 75% turnout
Making these two outcomes even more climactic is the sheer number of provisional ballots. In the last two presidential elections, Johnson County saw an average of about 9,500 such ballots, compared with this year’s 13,000.
Certainly that’s indicative of more votes cast — a near-record 75% turnout in the county, not counting provisional ballots. But county Election Commissioner Connie Schmidt says about half the 13,000 provisional ballots were a result of voters forgetting they’d requested mail-in ballots and then showing up in person.
The good news is, in most of those cases their votes will count.
Another reason there are so many provisional ballots is that Kansas law is very welcoming of questionable ballots on Election Day — assuring that truly eligible voters won’t get inadvertently blocked from voting by misguided poll workers. It all gets sorted out by the county’s Board of Commissioners — acting as the Board of Canvassers — as Johnson County’s will do Wednesday and into Thursday.
Generally, the board rejects only about a quarter of the provisional ballots. That percentage may be even lower this year, considering that many eligible but absentminded voters had to cast provisional ballots because they left unused mail ballots at home.
Interestingly enough, Schmidt says that in other years the chief reason for provisional ballots being rejected is — drum roll, please — votes cast by unregistered voters. So much for thinking that never happens.
I realize some of this is a bit in the weeds for many of us. But any hunter can tell you there are some fascinating things found in the brush. And two races separated by single-digit margins — well, that’s exciting, especially for those of us who care deeply how we are governed.
