Kobach’s potential successors say they would recuse in recount involving them

Kris Kobach has no plans to recuse himself from a recount in the Kansas Republican governor’s race. But the Republican and Democratic candidates for secretary of state both say they would in a similar situation.

Rep. Scott Schwab, the Republican, and Brian McClendon, the Democrat, said they would step aside if they ever found themselves presiding over a recount in an election where they had a personal stake.

“If I was secretary of state and there was a possible recount and it involved me, I would recuse myself. That’s what I would do,” Schwab said. “Whether that’s right or wrong for Kris, I can’t make that determination. That’s for him to make.”

Kobach currently holds a 91-vote lead over Gov. Jeff Colyer, with all 105 counties reporting initial results. The total is almost certain to change in the coming days, however, as provisional ballots are counted and advance ballots arrive in the mail.

The razor-thin margin — a difference of 0.06 percent — suggests a recount is likely if the results remain close. Colyer has the right to request that Kobach’s office initiate a recount if he still trails after all votes have been counted.

“I think because the secretary of state is directly involved in the outcome of the election, I think he should, and I would, recuse myself if I were in a similar position,” McClendon said.

Libertarian Rob Hodgkinson said on Twitter that he would also recuse himself in such a situation.

Counties will begin canvassing Monday and have until Aug. 20 to complete the process and certify their results. Any candidate for governor has the ability to request a recount until 5 p.m. Aug. 17. The recount would begin the day after it is requested, and must be finished within five days.

The State Board of Canvassers will meet to certify election results by Aug. 31. The board is made up of the governor, secretary of state and attorney general.

No law requires Kobach to recuse himself, but election experts have said he should step away.

Whichever candidate requests a recount would have to file a bond to cover the cost of a recount. The size of the bond would be set by Kobach — a decision that experts said creates a conflict and is a major reason why Kobach should step aside.

Kobach’s office said Thursday the cost of the bond would be derived from estimates provided by affected counties.

Schwab suggested the Legislature in the future may look at the laws governing recounts and close elections because of the current situation.

“When stuff like this happens, the Legislature says ‘Oh, we can fix this.’ And sometimes they’re really, really good at it and sometimes not so much. But in a situation like this, I would think if it’s less than half a percent, I think the state should absorb the cost of a recount,” Schwab said.

Kobach said Wednesday that he has no plans to recuse himself because recounts are done at the county level and that the secretary of state does not actually participate directly in the recount. His office serves only as a coordinating entity, overseeing it but not actually counting votes, he said.

But in a later interview with Fox News, he appeared to leave to open the possibility of recusal.

“If my opponent insists I recuse … we can certainly do that,” he said.

For his part, Colyer didn’t want to weigh in on the possibility of a recount. He avoided discussion of a recount during a Wednesday news conference, saying: “We’re not there yet.”

First, the campaign needs to make sure every legitimate vote is counted, he said.

Colyer sidestepped a question about Kobach’s lack of recusal and his role in a possible recount.

The winner of Democratic primary for governor, Sen. Laura Kelly, declined to take a side on whether Kobach should recuse himself.

“I’ll leave that decision up to him,” she said.

This story was originally published August 9, 2018 at 2:18 PM.