Kris Kobach asks Johnson County to keep old ballots for sheriff’s election investigation

Kansas Attorney General Kris Kobach is asking the Johnson County election commissioner to preserve years-old election records, citing their importance to Sheriff Calvin Hayden’s long-running elections investigation despite guidance from the Kansas Secretary of State and local efforts to move forward.

Johnson County has held off on the state-mandated destruction of ballots since 2019 at the request of Hayden, a Republican, who says they are potential evidence. But, earlier this month, the Johnson County Commission voted to take a first step toward destroying the ballots.

Kansas Secretary of State Scott Schwab, also a Republican, had reminded the county that state law mandated the ballot destruction.

Since its inception following the 2020 election, Hayden’s investigation into Johnson County’s elections has resulted in no criminal charges. But, it has fueled conspiracy theorists and election deniers in Kansas and across the country as the sheriff touts his work at hard-right political events.

In early December, over Hayden’s objections, the county commission voted to allow Johnson County Commission Chairman Mike Kelly to appoint observers to watch over the process of the ballot destruction. While the appointment doesn’t authorize the destruction of the ballots, it’s a key first step.

But Kobach placed himself in the middle of the situation Wednesday.

“The Johnson County Sheriff’s Office is investigating potential crimes relating to the election process in your county,” Kobach, a Republican, said in a letter to Election Commissioner Fred Sherman Wednesday. “As the state’s chief law enforcement officer, I am concerned that the destruction of these ballots and other election related materials may hinder that investigation.”

If space was a concern, he said, the Johnson County Sheriff’s Office could store the documents.

The letter leaves Johnson County caught between two state officials offering different interpretations of the law.

Kobach, a former secretary of state who for years has touted unfounded allegations of widespread voter fraud, lauded the importance of Hayden’s investigation. Any evidence in those ballots, he said, could be crucial.

But, prior to the commission’s vote in December, Schwab’s office had been urging the county to move forward with the required destruction.

Schwab has consistently said Kansas has secure elections that are not prone to fraud.

Schwab’s office declined to comment on Kobach’s letter but told The Star earlier this month that they were “not aware of any litigation hold or other legal action that would prohibit the county from complying with the law and destroying the ballots.”

Johnson County officials did not immediately respond to questions about their plans for the ballots moving forward.

McKenzi Davis, a spokesperson for the sheriff’s office, said in a statement that the investigation was ongoing.

“Information has been sent to the Secretary of State. We are waiting for his response,” she said.

The Star’s Jonathan Shorman and Sarah Ritter contributed to this report.