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Kansas Appleseed v. Schwab, Kansas Court of Appeals No. 130,839, Order Denying Renewed Motion to Stay (Oct. 2, 2026)

Kansas Appleseed Center for Law and Justice, Inc., et al. v. Scott Schwab, Kansas Court of Appeals Case No. 130,839, “Order Denying Renewed Motion to Stay or Suspend Temporary Injunction,” filed 2026 Oct 02 PM 4:18 (Warner, C.J., Hill and Schroeder, JJ.).

Custody docket

Record
ks-appleseed-v-schwab-ct-app-130839-order-2026-10-02
Type
archive
Trust tier
A
Status
published

Sources are graded A (primary) / B (secondary academic) / C (secondary journalism) / D (tertiary or contested). See the manifesto’s Evidence Standard for full criteria.

The file-stamped order, retrieved 2026-10-13 from the PDF Democracy Docket hosts on its case page; not located on kscourts.gov or CourtListener. Text extracted and the download watermark stripped. The order names the October 14 ballot-mailing date and the November 3 election, and says it “does not forecast the ultimate disposition of the appeal.”

Quoted in the alert, verbatim: “If the injunction remains in place through the November election, the State will temporarily continue administering the ballot-receipt rule that has existed since 2017 and that governed the August 2026 primary.” (pp. 5 to 6) · “may reasonably rely on the temporary injunction” (p. 6; the source continues “—and the rule that governed the August primary—when mailing an advance ballot by Election Day.”) · “Our decision today does not forecast the ultimate disposition of the appeal.” (p. 8) · “will contact the parties about setting a date for oral arguments” (p. 8).

Added at the balance gate, verbatim: “For about 40 years, K.S.A. 25-1132 required that advance-voting ballots must be received by a county election office by Election Day to be counted.” · the Secretary’s grounds as the court summarizes them: “misapplied Kansas constitutional law, improperly sustained a facial challenge to a generally applicable ballot-receipt deadline, and entered relief broader than Kansas law permits.” · “The Secretary correctly observes that the State has an important interest in administering elections under laws enacted by the legislature.”

Provenance

Creator
Kansas Court of Appeals
Published
2026
Accessed
2026-10-13

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