Synopsis: County election officers’ duty to destroy ballots pursuant to K.S.A. 25-2708(b) is directory and not mandatory, and such duty must give way to a search warrant or subpoena compelling the production or preservation of such ballots pursuant to a criminal prosecution or investigation. However, mere notice of a pending criminal investigation is likely not enough to forestall the directive to destroy ballots. Cited herein: K.S.A. 25-2708.
Read more: Kansas Attorney General Opinions
