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The Kansas Connection: In Conversation with State Officials

featuring Bryan Caskey, Kansas Elections Director | moderated by Tammy Patrick Chief election officials in a state play a key role in elections. This session explores that role and how funding is handled at the state level.

The Dole Institute of Politics

4 days ago

And we’re really excited that the state elections director, Bryan Caskey, has been able to join us here today. When we think about the funding of elections, you know, there there are obviously we've heard all about all the different players in conducting the election, but it's not just about voting equipment. It's about voter registration. It's about voter education. Voter outreach. And some of those things are in statute in some states, and some things are not. Some of them are cultural. And wh
ether or not a place sends out a sample ballot or whether or not there is a voter guide or a publicity pamphlet. So there are all of these complexities, as we've seen this morning, around what are the costs, Where the where does the money come from? So this afternoon we're going to pivot a little bit and we're first going to talk about what what's it like here in Kansas from the state's perspective? What sort of activities do they have? Where is the funding come from? You know what exactly the m
odel is here in Kansas from the state. And then we're going to hear from local election officials on their perspective of the Kansas model. And then we're going to bring it all home with some conversations around where do we go from here? So with that, thank you, Bryan. And if you want to go ahead and start your opening remarks, I would be lovely. I would love to. My name is Bryan Koski and the director of elections for the state of Kansas. As of last week, I have been a director for over nine y
ears. Thankfully, I still have my hair. And look, my boss was here last night. I've been in the election industry since January of 1998, so I have seen an election or two and I would like to say that I'm very excited to be here. I love talking about elections. It's what I do all day, every day, literally. So it's it's nice to talk to people who know stuff and are not antagonistic about what I have to say. So this is exciting. So I'm very thankful to the Dole Institute for having us here. I've se
en. I know most of the faces in the crowd. And for those of you, I don't please say hi afterwards, but I'm here to give a little bit about the states, the state perspective. But it will be quick because Kansas, like many states, we are a bottom up state. And the state does not fund elections except for one noticeable 2024 only exception. So my colleagues from the counties that speak after me will correct me on everything I say wrong. But in Kansas counties pay for the election. They run the elec
tion, they pay for it. And basically the state just provides guidance. There is no state funding of elections, with one exception, which is the presidential preference primary that Kansas is having. This year is the first primary we've had since 1992. Unfortunately, I was here then, but that is the last time that the state has provided any funding. I'm in the state is reimbursing the counties for the funding this year. That is the only state funds that go to elections. What the state does provid
e is they normally provide the matching funds for half dollars. And when Don Palmer said he was thinking about a 5050 split, I almost vomited. We'll talk later on. But generally speaking, that is the only thing that the state provides from a monetary perspective. We are one of the states that has half the money in the bank. We still have money in the bank from the original 20. Gosh, I've been here dealing 24 appropriation. We still have a little bit of money left from that and that's on purpose.
As you all know, HAVA requirements are permanent, funding is not. And so from the very beginning, I've been involved in making sure that we always have some money in the bank to address things that we cannot oversee. And no offense to the federal government. The federal government is not generally trustworthy when it comes to funding what they said that it would in half as a prime example of that, even though we receive federal funds at the beginning of HAVA, my recollection is, is that it was
one third shortchanged based on what was originally authorized but never appropriated. HAVA was never fully appropriated from the beginning, and we never trusted that they would do so after that. So we still have money in the bank? Not very much, but we do. And the reason for that is that we are responsible for the statewide voter registration system. We have to pay for that. We have to administer that. Now. We work with our counties, and the counties pay a large portion of that. But that system
has an end of life. And we are coming up on, gosh, version three, version four of that system. And as you all know, that takes millions of dollars to procure. We are not likely to get a state general fund appropriation to do that. So that's one reason why we still have money in the bank, is we have to get that money from somewhere. And I sure hope that we don't have to beg the counties to do that. So we have we have less security money in the bank, mostly because we've done a better job in the
last 2 to 3 years of providing grants to the counties. We've used a lot of that. Almost all that money has been spent either on behalf of the counties through our office or grants to the counties. So we have done a better job of that, I would say, in the last 2 to 3 years. And that's primarily where our grants go to the counties. They the we just this year we're doing a physical security grant program. It was not mandatory, but 84 of our 105 counties did participate in that, which we thought was
a pretty good turnout. So but essentially that's that's where we are from a state perspective. Great. Well, I had a couple of questions I wanted to follow up on. So you mentioned the statewide voter registration database and you mentioned that the state also does the 5% match, which I also almost threw up when Don said 50%. I thought that's not that's going to go over like a little balloon. No one no one on either side of the aisle is going to like that. That's right. So it's going to make that
5%. It's going to make that 5% sound really good. It is. I want to make sure you heard that complaint first. Yes. So. Well, I'm glad it came from you and not for me. So? So I get all of that. Some of the questions I do have, though. So you you are the state elections director. There is the secretary's office. And I think that last night, Secretary Schwab mentioned how your office is funded. And so when we think about the funding of elections, I wanted to expand how we're thinking about what the
functionalities are that are required to conduct the election. So when we think about secretaries of states offices, state boards of elections, and some of these other places, you know, what are the funds? Where where are those funds coming for through and for for the statewide voter registration system, for some of the security programs? And I think I heard, if I mentioned correct, if I heard correctly, some of that is coming from have a dollars and other things in appropriations of that 5% ma
tch. But what are some of the other streams or how how is your office funded? So I believe that we have a very unique funding mechanism relative to most other states. We are not state general fund appropriated like a lot of secretary of states are. We are a fee funded agency only dating back to Ron Thornburg days. I probably don't have the year exactly correct, but in the early 2000s, the secretary of state's office went to a fee fund model where we charge fees on all the filings that come into
our office. Thankfully, we have a thriving business services division. We get hundreds of thousands of business filings every year and we have a fee on that. The elections division, the only fees that we charge, are a very minuscule feed of people when they file for office. And for people who purchase data from us. So we raise a few thousand dollars a year. But the vast majority of our funding comes from business customers. So we are a self-funded agency with no general fund to speak of. And so
the corporate customers of Kansas are funding the operations of the state election office, which I believe is is very unique across the country. That's a really interesting point to raise, and I think it'll be interesting to look at other offices that do have business filings because I believe most secretary of states have some sort of filing. So the question will be, you know, maybe they're not charging enough or maybe they're not charging anyone for some of these things. So some of these servi
ces. So having, you know, when we talk about funding and identifying sources of funding that are already being done. So it's one of the things we've already heard is in elections we often like to talk about things that have been tried in different places and learning from those trials, learning what worked, what didn't work, learning whether or not it might work back home. And so I think that's kind of what this effort is thinking about, is let's try and identify where it's already been tried. W
e're not coming up with anything new and revolutionary here. It's just more coming up with how is this currently working in some areas and are there other places that we can maybe gather information from? So this is that I think that's that's really, really interesting to to know because I haven't heard of that being the sole funding mechanism for other states that say there there might be some out there, but I'm not aware of any that has that exact funding model. Most states get most of their a
ppropriations through the state budget process. We are an exception to that. I'm there might be one or two other states, but I think we're pretty unique when it comes to that. And it's a sorry to like keep diving down into the weeds here, but you know me. So now that's exactly where I'm going to follow for just briefly. And you mentioned business services. Is that tied or not? Do you do motor vehicles, do you tied any of that kind of filing revenue or so in Kansas? Now, the division of our vehic
les is underneath the governor's office, not the secretary of state. So that's not a funding mechanism that we can have. We I mean, we have a very strong relationship with our DMV. We do lots of voter registration activity back and forth, but they do not. I wish they worked for me, quite frankly, most days, but they do not. So we primarily do business filings across the board, corporations elses and then UCC, you know, from commercial code filings. Those are our primary sources of filings. That'
s fascinating because there are secretaries that oversee department of Motor Vehicles. And I think I mentioned this morning when I was in Maricopa County, the county recorder in Arizona, you have a technology fund and a portion I think it's $1 per filing or a percentage of 10% or whatever it is, has to go into a technology fund. So I think that there are some models of where fee based filing can be informative and can help to fund certain activities when it comes to candidate filing. Do you do y
ou charge much for that? You said it was a couple of thousand dollars, so it's $20 per candidate per filing. So maybe you're not charging enough. Just saying maybe, maybe. I probably wouldn't disagree with that. But quite frankly, for legislators, they're only they're only paying $70. So I'm not sure politically that I can go much more than 20. Okay. But yeah, I mean, yes, that's we always look at that. But quite frankly, we only get, you know, 300 candidates every two years. It's not that there
's not much more you can squeeze out. It's not going to be your sugar daddy. It is not. Okay. Understood. And the data, it sounds like that's also an area where some places don't charge for data. They might put it up. Some places it costs more to process getting the data out for people than it is for the funds that they're getting. So right sizing those kind of services is certainly, certainly interesting. Yeah. You mentioned also security and the cost of security and having security funds and g
rants that have been made. We heard a little bit about that last night. I'd love to hear more from you because as you mentioned, you started in 98. I started in the primary in 98 as a temporary worker, and that was my downfall. I was hired at the phone company, but they were on strike. And so I was like, well, I can't just sit around while they're on strike. I'll I'll go work a temporary job. And I was marking Test X for the logic and accuracy tests in 1998 and I was hooked. So a lot has changed
in that time. And so when we think about security in the funding that we're receiving now, because now there is a tension about it and we heard earlier, you know, today around how do we shore up our our systems against foreign nation states. And a lot of that kind of work is falling on the shoulders of the state. And so when we talk about that funding, has it been contemplated that the state will appropriate funds to help in that matter? Or are they just saying, you know, try and get money from
from Washington? That's a great question. And I would say from from my chair, since the designation of the elections as critical infrastructure, I think state legislative leaders look to this now as more of a federal function and not yours, because we are critical infrastructure and it's the federal government's job to make sure that we are secure. So that's my sense. I have not heard a legislator legislative leader tell me that directly, but that's certainly my sense is that since that designa
tion, it is the federal government job to make sure that we secure our elections. Now, states run elections, and they are very adamant that states run elections. But in this, especially with security, with the critical infrastructure designation, I do believe that they expect the federal government to to fund a lot of that activity. So in some cases, I was I was thinking about this with our conversation with the E.C. commissioners. A lot of the conversation around funding and needs come come ful
l circle when we talk about how we frame these conversations, how we frame what the need is, how we tell the story of elections. And so when it comes to kind of the underfunding of some of the functions, framing it in a security context in this moment makes an abundance of sense because that's more palatable, palatable for people. But we have a very fine line. We have to walk right? Because if you talk too much about the vulnerabilities in a security sense, then we cross over into we're going to
undermine trust, We're going to potentially undermine confidence. We're going to give those who want to question the legitimacy of the election fodder. So this is something I think all election officials are grappling with. If you have the answer, will you please share? I do not. If I had the answer, I would have a different job. It's a great question. And and I know that I today I still struggle with where we are on on that. I am a big proponent of trying to be as factual as possible while pro
viding as much coverage to local election officials and to the state as possible when it comes to security. I never talk about specific programs, specific initiatives other than, you know, generally speaking, when I'm required to say in part because I don't want to give any of our adversaries a inch. I do not want to give an inch. Is that the right approach? Honestly, I don't know. Like at the same time, I work for the government and we are designed to be transparent on all things. And so balanc
ing transparency with security. There's a lot of tension there. But my my job is to make sure that we have an election that everyone can count on is accurate, is secure, and the people can trust. And so I'm always going to air on behalf of the structure and the process. You are 100% right. So, you know, up until the last few years, it was balancing security and access with transparency overall. And we have just added in a third balance to the scale. And trying to keep those all level an equal is
is really a challenge. I think it is. And I'm sensitive that like I want people to be able to ask questions and we want to be transparent and we want to assure the public, especially the voting public, that we are doing everything we can to secure the election. There are lots of things that we do. The county election officers don't even know all of them. They know most of them. Like, you know, we've given grants to them. We there's a couple of programs that we do on their behalf, but not even t
hey know everything that we're doing because, as you know, security change every time that we talk about it, we're already behind because things are already changing. And so I'm sensitive to it. I do not yet have have all of the right answers. Darn it. Okay. Well, there are a dozens and dozens of questions that I want to talk about, but I'm trying to keep us focused on the kind of funding which for me, I'm always like off on tangents. So I want to pull it back around to the funding model. And wh
en you talk about the pass through to the counties and the pass thrus and what the money's being spent on and transparency, I think how we receive funds, what those moneys are spent on, that is a place where we can be really transparent. And I feel like that is an area where shedding some light on what the what people are spending the money on and and where it came from and how much of it is county driven. You know, from Charles's slide showing that everybody kind of believes it's coming from th
e state and from the federal government. I think that's an area where we can have efforts like this that will really be helpful in having the American voter understand how their elections are being paid for and what their tax dollars are going towards. And so I get in this this conflict with myself, and we talk about the potholes because that is a visceral thing. If you're someone who drives on the road and you hit a pothole, it makes you angry. If that pothole is on your way to work every morni
ng, it makes you angry every day, probably twice a day. If if it's big enough that goes across both lanes. And so when it comes to elections, what are election potholes? It's having a long line. It's not being able to get, you know, call in and get your answer, your question answered. It's finding out that your ballot was rejected or that your registration is incorrect or there are certain things that we can do to improve the service to the voter. And I feel like there is those are some of the t
hings that we need to be thinking about when we frame up this conversation about funding is bring it home to roost, just like that pothole conversation to explain, you know, it's really helpful. So I was in the Western part of the country, Arizona. We got sample ballots, we get publicity, got publicity pamphlets that explained all the propositions. We got candidate brochures, we got all this information. So I felt really informed as a voter on judicial retention. We had this judicial productivit
y review. I mean, it was it was awesome. I live in the East now. I get nothing. It kills me because I, I like to believe I'm an educated voter. I go out, I seek out trying to find information about candidates. And it's really difficult. So I think some of the way that we can think about funding is bringing some of those those tangibles to the voters themselves. So having a piece of equipment that's calibrated properly, that is it's never going to be as intuitive as your phone. And I hesitate to
bring pulled mine up because mine is super old. So it's more like voting equipment, but even it is advanced compared to voting systems. Well, so Kansas is kind of all over the place on that. I want to talk about voting machines since you brought it up and going back, you know, 15 years ago, 20 years ago now to HAVA. So originally right after HAVA, the first round of voting equipment, the state purchased that with HAVA funds, we had a formula. Every single county got money. There was a state matc
h required of every county, but we exhausted two thirds of all of our HAVA daughter dollars on voting machine contracts right off the bat. And the state had those contracts. So we negotiated one price for a county maintenance, all of that. But that was only for round one. Round two, we knew that we didn't have enough money, so we let our contract lapse. And so then the counties moved into the Wild West, where every county was left to fend for themselves, both contractual wise and wise. And so to
day in Kansas, counties are the only entity responsible for everything voting machine related. All we do is certify and quite frankly, we rely on the AEC for the certification process. So where we used to be heavily involved 15 years ago, we are not involved at all now and I'm not sure most people understand that. And if you're a county, I can understand why there would be some calling for words to say for someone in my position. That's the next panel. I know you're going to stay for that, right
, Bryan? I may leave for that one. And so I acknowledge that when it comes to long lines and where you go vote, that's strictly a county decision. The state has zero involvement. We have counties that only have one polling place. We have counties that have polling places not on every corner. But you know what? More than some people would advise. But that's a county decision. And we want it to be a kind decision because they're closest to the voter. But it is not consistent statewide. There is no
standard on the number of voters per polling place. And so, again, the state kind of we wash our hands out of that. But when it comes to resources for the voters, like where do I go vote? Where's my polling place? Do we have a sample ballot? The state does provide a resource through our voter registration system that everyone can go to. We have one website that everyone can go regardless of county, to get your, you know, your polling place, your sample ballot, track your advance ballot by mail.
So we offer that, but it's not a requirement. We offer that to every county. Most counties do that. But it's not a it's not a mandate. We don't have a law that does that. And so should we mandate that at some point, that's an open discussion I'm happy to talk to everyone about. But, you know, that's kind of where we are. And to emphasize the fact that state that counties really do run elections, we are not sending out any mailers. The state of Kansas does not do what Florida and other Californi
a other states do. There's no voter guide. There's no pamphlet coming from the state. You you are left to your own devices. All that we have is a list of every candidate and have a contact them. Some candidates are better than others of being reachable, but I'm sympathetic to the voting public because there's not a resource, there is not a resource, and that is the policy of the state of Kansas. Like, that's that's not going to change. And and so we do we provide every piece of contact informati
on that we get. But I'm sympathetic to that. Yeah. And it's one of those situations where if I didn't know any better or didn't know any differently, not make a judgment call. And if I didn't know any differently, that would just be what I was accustomed to. But once you and I'm sure election officials, you've all gotten the call from somebody that moved from another state, another jurisdiction, and they said, where's this? Or how do I get that? Because that's how I did it, Where I came from, th
at that can be challenging to bridge. So we have a few minutes and I have a question that was asked last night of the secretary that I would love to ask you as well, and that is if you could wave your magic wand around election funding or the model of election funding or the amount of funding or whatever, however you want to interpret the question with this is the magic wand. After all it can do. They can do whatever you want. What would that do and be and why? Thank you for putting me on the sp
ot on that. I gave him a heads up of like two and a half minutes before we started, which didn't allow me to ask my boss what he said. So another reminder, I serve at the pleasure of the Secretary of State, so hopefully I'm still employed after this. But but honestly, what I would ask is, well, two things. One, I don't think there's a magic bullet. I don't think there's one answer. I strongly believe the states run elections and within us it's the kings that run elections. And I believe that mod
el is good because the cats are the closest to the voters, like what works in Wallace County. And there's 700 registered voters will not work in Johnson County and there are 500,000 registered voters. So I believe firmly that the county election officers are closest to the people. What I would wish is that everyone within those councils responsible for appropriating money would listen to the experts. I'm not I'm not taking shots at any elected official. But I do believe that during the budget pr
ocess, we have very knowledgeable, very hardworking county election officers, and that's who county commissioners and county administrators and county budget directors should be listening to you. They know the most in elections are complicated. They are very complicated, especially now. And although we do a great job of making it easy, it's like a duck. As I'm come up here by my feet are going nuts. That's my wish is that the people that are responsible need to talk to the people that know what'
s going on and listen to them, because everyone has needs. Everyone has like, you know, I think in a lot of counties there is no room for initiative there. We're worried about how do I get through 24, I've got to get through 24. And then, there's a week at the end of the year where I have to think about 25. There's not any time to think about 2628 window replacement equipment. When can I move systems like all that takes planning, There is precious little A time and B money for for things like th
at. So that's my wish. You're absolutely right. Looking in that rearview mirror, which has been done a lot, particularly in the last couple of years, it really doesn't allow for that forward planning, forward looking and forecasting. Absolutely. So great answer and I think you're fine. I think it'll still be. I think so. I hope that was not made. That was not my intention. So I want to open it up to the room there and any questions, comments. I see a lot of smiles out there, like I've got someth
ing I might say, but I don't think I'm going to. You can always ask me in the hall, I'm not going anywhere. But Don's question is for Bryan. Don Plummer. Easy, Bryan. Talk to me a little bit about discussions with the legislators about appropriating money. You know, one reason I talk about a 5050 split as a possible is because it's difficult at the federal level to convince folks to appropriate money for elections is just the bottom line and then is as equally or difficult at the state level. So
it's like trying to find a solution because I just don't I'm just not sure state legislators will come around and appropriate what's necessary to assist local localities. Great question, Commissioner Palmer, and one for which I do not have an answer. I In the current political environment, I do not have an argument to convince legislators that funding elections is not strictly a county problem. Like counties run elections, The state has no involvement relatively speaking, they do generally will
find the 5% match dollars they most years. They have done that not every year or a couple of years. We've had to do it outside of the legislative process. But they recognize the value of free money when they see it. But over the years, you know, there have been years where budgets were much tighter than they are now. And it was you couldn't even have the conversation because their budgets across the board were tight. Now, where budgets are not as tight, you still can't have the conversation bec
ause the legislature thinks that it's not their responsibility. It's it's either our office for what we do or counties, because that's who runs elections. I don't I don't have an I don't have a hook for them to to get off of where they are currently 1 to 1 addition to that. And when you were speaking earlier as well, is that I think the profession, election officials at all levels, you know, for a period of time there was a conversation around, I'm not going to go testify, I'm not going to go to
the the board to do anything, ask for any policy change, any funding or any of these additional things, because I don't want it to be seen that I had my finger on the scale. I'm going to take whatever comes down from on high, and that's the election I'm going to conduct. I'm not going to I'm not going to weigh in. And I think what we've seen is that into that void, there will be all sorts of experts that believe because they've read some things, seen something, talked to someone who has voted o
nce maybe, or has some self-proclaimed expertise that those individuals are not restraining themselves. I think it's a good way of putting it in a number of ways. They are going to those meetings, they are being vocal and they are being numerous. And so I think in to that, we need to lean into making sure that that we are in fact, staking that expertise as well as what the need is. And I talk to legislators quite frequently, quite frequently at the National Conference of State Legislators and Ce
cil and I, I plead with them to come to your offices, talk to election officials at all levels, find out really what needs to be done to either tweak that statute so that it's not as onerous or that it's more modern or that it's more efficient or more effective, as well as to seeing. And I recall when I was in Arizona, we would have school bond elections and they hated it. The people were voting by mail because they wanted them in the schools, because schools were polling places. Now, like, we w
ant people to come in. We want them to see the paint peeling literally. But voters like to vote by mail. And so we need to be telling those stories. And sometimes it's an emotional thing. Sometimes it's visceral when we know that others will be chiming in, not always with facts. So it's I think it's a real tension there to both tell the story, speak the truth, lay things out practically and transparently, and not come across as though you're trying to advocate for anything that's going to change
the composition of the electorate, change of the composition of turnout or any of those things, or change the process, because I was elected under that process to change it. I think our local election officials do a great of that when it comes to policy, but when it comes to budget, there really isn't an avenue. We have, you know, the secretary of state's office has our budget hearings and it goes over all of our budget. And so there may be like three questions about elections out of 15. And so
even in our own budget hearing what the legislators we don't spend a lot of time on elections. And I don't think that there's any voice for the local election officials within our budget because I'm the legislatures and telling us how to spend our HAVA money. And so I just think it's difficult to have budget discussions with the legislature from their perspective, other than a continual education effort on elections aren't free. Like I know that your association talks to legislators and I, we k
eep having those discussions. I know that funding is lower on the list than half a dozen things that are floating through the legislature, and it's not the highest priority. But if it ever dies down enough, maybe those are discussions that all of us can have. Some of that's, you know, a theoretical argument, not not maybe a practical one, but you're the experts. They'll listen to you far more than they'll listen to me or our office. And so that's the only thing I think that's kind of looking for
ward. But right now, there's really not a way to have that discussion because it's to them it's settled and they're worried about everything else. Everything else. Any closing remarks? Well, I just wanted to say thank you, first of all, and thank you for the commissioners for being here. I'm very proud of the election system that we have in Kansas. I am very proud of the work that we've done. We're not perfect. There's always ways to improve, but I'm proud of the system that we have. I think it'
s one of the best in the country. And I will say, regardless of who's coming up next, that we do have the best local election officials anywhere in the country. Thanks, Bryan. Thank you, Bryan.

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