By SHERMAN SMITH
Kansas Reflector
TOPEKA — A ballot misprint in Ellis County could provide an opportunity to challenge the outcome of the U.S. Senate race or a legislative race if the results from either are extremely close.
The misprinted ballots list the Kansas Senate 40th District race between Republican incumbent Rick Billinger and Democratic challenger Larry Dreiling as the U.S. Senate race. About 3,800 ballots were mailed last week before the mistake was discovered.
A statewide race decided by fewer than 3,800 votes would be extraordinary, but some polls show a virtual tie in the U.S. Senate race between Democratic state Sen. Barbara Bollier and Republican U.S. Rep. Roger Marshall. Secretary of State Scott Schwab said the prospects for litigation will depend on the margin of victory in both the statewide and legislative races.
Schwab said the county election office worked with its vendor to reprint ballots as soon as the problem was discovered and resumed mailings with the corrected ballots.
“Folks need to know, occasionally mistakes like that can happen at the local level,” Schwab said. “We do all we can to aid. But that being said, look at the ballot, know your candidates — not just the title of what they’re running for — but know your candidates and what they’re running for so if there is a misprint, you can kind of use your own knowledge to overcome what might be a typo.”
Megan Challender, voter protection director for the Kansas Democratic Party, expressed concern that the printing error caused a delay in advance voting in the county. She said the county should expand early voting opportunities to evenings and weekends to compensate.
“Every ballot with the misprint will be counted by hand, and Ellis County residents can be confident their votes will still count despite this error,” Challender said.
The legislative district, which spans 10 rural northwest Kansas counties, heavily favors Republicans. In 2016, Billinger received 74.4% of the votes with a margin of victory of 15,508.
Billinger said the printing error was “an honest mistake” and that he doesn’t think voters will be confused.
“You’re either going to vote for me or the other guy,” he said.
The incumbent said he has been in the harvest field for the past three weeks and hasn’t “done a whole lot” to campaign.
“I’ve got some ads running, and that’s about it,” Billinger said.
Dreilling, a former editor of the High Plains Journal, an agriculture publication based in western Kansas, said he has “angst” over the ballot misprint and has talked with an attorney and the secretary of state’s office about the situation.
“What we’re going to do is pretty much have this election,” Dreilling said, “and we’ll let people use these misprinted ballots, and what we’ll hope for here is that they won’t make a difference in either my election or the election of Senator Bollier.”
He said the district’s historical preference for Republicans doesn’t matter because he has “better ideas,” including support for Medicaid expansion.
“I’m just hoping that I win, basically, and win big,” Dreilling said. “I’m hoping the people of Ellis County will see me as their candidate and select me. That’s all I can do.”
Sherman Smith has written award-winning news stories about the instability of the Kansas foster care system, misconduct by government officials, sexual abuse, technology, education, and the Legislature.