The Topeka Capital-Journal Sunday, July 15, 2018 C9
2018 PRIMARY VOTERS GUIDE D E M O C R AT
KANSAS SECRETARY OF STATE: BRIAN MCCLENDON Why are you a candidate for secretary of state? The Secretary of State is a different job than it was before the digital age and perennial cyber and data security concerns. It requires professional and technological accountability with a strong, non-partisan user focus. If we’re going to keep our elections and data secure, protect the fundamental right of every eligible citizen to vote, cultivate new businesses, and open the digital doors of our democracy, the Secretary of State must better use technology to lead priority problem-solving. I would like to contribute to a more civil, efficient and fair society, using my skills and experiences to serve my fellow Kansans. What is your sense of the extent of voting fraud in Kansas? Non-partisan studies and expert court testimony yield no evidence of voter fraud at any appreciable level. By any measure, non-citizen voting is a rare occurrence. For example, recent federal court testimony confirmed that 5 non-citizens submitted about 10 ballots in Sedgwick County since 2004 — about 10 votes out of more than a million. Over the last 18 years, more than 13 million votes were cast in Kansas, but only 1 non-citizen was convicted of voting illegally. The handful of cases resulting in voter fraud convictions in Kansas (by citizens and non-citizens) all arguably resulted from mistakes and/or lack of information. How would you strive to encourage more Kansans to participate in elections? Support voter access to advance voting and mail-in ballots. Streamline voter registration and make it more efficient and accessible,
including online and mobile applications. Support county elections staff and volunteers and increased local voting access. Expand education and information promoting a nonpartisan understanding of the voting process, the candidates, and the issues in question. Use digital and social media more robustly to encourage voting and information about voting. Comply with the National Voting Rights Act. What are your views of the state law requiring a photograph identification when voting? Separate from providing documentary proof of citizenship in order to register or vote (addressed below), there should be no general issue with providing photo ID at the polling place in order to receive a ballot so long as the state provides consistent and affordable access for all eligible citizens to obtain a valid photo ID and so long as such access is coordinated across state agencies, clearly and publicly communicated to citizens, and doesn’t violate federal law. Many states do this and Kansas should be able to provide this service to its eligible citizens. The requirement to prove citizenship to vote in state elections has inspired litigation. How should state law be changed to affirm the proper people are voting while avoiding the lawsuits? First and foremost, state law in this context should comply with federal law, in particular the National Voting Rights Act. It was never appropriate for the state to saddle citizens with that burden. It has now been ruled unconstitutional at both the state and federal levels. The critical issue is citizenship, not
on-demand access to a birth certificate. With better technology and interstate cooperation, the State of Kansas can more efficiently and cost-effectively verify citizenship. Is the power of a secretary of state to prosecute alleged voting fraud justified given county authority to deal with misconduct? The limited resources of the Secretary of State’s office are better focused on increasing the number of eligible citizens registered to vote, promoting a non- partisan understanding of the voting process, candidates and the issues in question, and facilitating participation in the voting process. With appropriate leadership and support from the state, county elections staff are admirably effective at managing voting rolls. And the office of the Attorney General is better staffed and better qualified to handle law enforcement and prosecutions in the rare instances of voter fraud. Can the state’s top elections officer operate a political action committee and donate to candidates without an appearance of a conflict of interest? Not while serving in that elected position. How would you improve security of electronic voting and bolster the state's ability to provide verifiable backup of voting results? Random post-election audits can effectively detect anomalies and patterns related to fraud or tampering. All voting machines should have paper trails which, if problems are detected or questions arise, can be inspected and could confirm results one way or another. Digital security protocols should be in place regarding electronic voting machines to maintain air
BRIAN MCCLENDON
Town of residence: Lawrence Party affiliation: Democrat Age: 54 Job: Information technology Previous elected offices: None
gaps between voting machines and internet access. Should documentary evidence — electronic, paper, whatever — of votes cast be preserved for at least four years if questions arise about results of elections? Federal law currently requires documentary evidence of voting results be retained by the counties for 22 months. Such evidence should be retained. Two years seems a reasonable amount of time and we should be careful not to require additional time without a clear and compelling justification given the additional cost and burden it could place upon county clerks and local election staff.
REPUBLICAN
KANSAS SECRETARY OF STATE: RANDY DUNCAN Why are you a candidate for secretary of state? I am the ONLY candidate actively involved in the Republican Party all of my life, with more than 40 years as an elected precinct committeeman, township clerk, township treasurer, and 8 years as a county commissioner from Saline County, Kansas. I’m the ONLY candidate who understands county government and has direct experience in working with county clerks. I can work with our county clerks to keep our Federal, State, & Local elections safe and secure by working to improve election security systems. I strongly support the photo I.D. and proof of citizenship voting requirements in Kansas and will working to improve the registration process for small business owners in Kansas. What is your sense of the extent of voting fraud in Kansas? While some cases of fraud have been found in Kansas — overall it is a fact that in general elections are safe and secure in Kansas! In serving two elected 4 year terms and serving my fellow Commissioners as Chairman of the Board for 3 years (2009, 2013, 2014) it was the job of the Board of County Commissioners to canvass each election or to certify that election. In our county of nearly 60,000 population we never once observed a case of fraud and our elections remained safe and secure.
How would you strive to encourage more Kansans to participate in elections? Kansans currently can vote 20 days ahead in a process called ADVANCE VOTING. We continue to educate to encourage voters to begin voting early and not wait until election day. Continued education through electronic media attempting to make more voters aware that this option is available to them. What are your views of the state law requiring a photograph identification when voting? I support PHOTO I.D. and believe this law has helped to strengthen Kansas election laws and keep Kansas elections safe and secure! The requirement to prove citizenship to vote in state elections has inspired litigation. How should state law be changed to affirm the proper people are voting while avoiding the lawsuits? I support the current state law and proof of citizenship. Having said that — in the last day or so the courts overturned the the law. I’m sure this will be appealed. Is the power of a secretary of state to prosecute alleged voting fraud justified given county authority to deal with misconduct? Because of my background in County Government — obviously I believe in local control in almost all matters in working with our County Clerks and the Board of County Commissioners who also serve as the Board
of Canvassers after the elections to resolve election questions. However, it is important to have legal counsel on staff at the Secretary of State’s office for situations that come up. Can the state’s top elections officer operate a political action committee and donate to candidates without an appearance of a conflict of interest? NO! It seems to me that it would be best while serving in this position NOT to have a PAC. At this time, I do NOT plan to start my own political action committee if elected your next Secretary of State. I think it is inappropriate as Chief Election Officer of the state. How would you improve security of electronic voting and bolster the state’s ability to provide verifiable backup of voting results? In Saline County we did use voting machines with paper (tape) back-up that provided a paper record for each voter who used the electronic machine so there was a verifiable back up to that system. The machines were calibrated and checked by the County Clerk & his staff and by the firm that sold them to the county prior to each election and stored in a safe and secure place prior to each election. Verifiable back up is important to me and would be something I would work with my IT staff on. We also provided voters in the county with the ability to voted a traditional paper ballot because not all voters wanted to vote on the electronic machines.
RANDY DUNCAN
Town of residence: Salina Party affiliation: Republican Age: 60 Job: Businessman Prior elected offices: Saline County Republican chairman, 1987-2002; Republican 1st District chairman, 2004-17; Saline County Commission, 2007-15
Should documentary evidence — electronic, paper, whatever — of votes cast be preserved for at least four years if questions arise about results of elections? YES! 4 YEARS seems like a reasonable time frame but I’m open to discuss the amount of time.
REPUBLICAN
KANSAS SECRETARY OF STATE: KEITH ESAU Why are you a candidate for secretary of state? I’m running to ensure the security and integrity of one of our most fundamental rights as citizens, that of a fair election. I am also running to protect the integrity of the backbone of our state’s commerce and property rights held in the business registrations. What is your sense of the extent of voting fraud in Kansas? Most of the possible voter fraud was reduced significantly by the SAFE Act. Requiring voter ID at the polls ensures that the person voting matches the registration. The remaining attempts at voter fraud can mostly be deterred through successful prosecution of voting crimes, which is now taking place. How would you strive to encourage more Kansans to participate in elections? It is the job of the candidates, parties, and individual voters to drive turnout for elections. History shows the biggest motivator for turnout is a hotly contested election. The office provides assistance in turnout through detailed, updated voter data, providing easy access for voters to see their ballot, and ensuring proper notices are given of voting locations, changes, and election dates. I will push for doing voter education about the importance of voting. In Presidential election years, this would be done by the Secretary of State. In statewide election years, this would be done by the county election officials. What are your views of the state law requiring a photograph identification when voting? The Voter ID law has been a great success.
As I meet with individuals across Kansas, they tell me that requiring voter ID at the polls is just plain, common sense. Not only does it deter voter fraud from people voting in place of someone that is unlikely to show up at the polls, it also inspires confidence that our polls are protected against such fraud. Because people already have IDs for most other transactions they do in society, it is not an unreasonable burden for anyone. The requirement to prove citizenship to vote in state elections has inspired litigation. How should state law be changed to affirm the proper people are voting while avoiding the lawsuits? The recent ruling removing the requirement is being appealed, so we don’t yet know the final outcome. Like Voter ID, many Kansans I have talked with believe this is common sense. I hope Kansas law is eventually upheld. I will continue the in through the courts. With the increase in security across the nation, the requirement for proof of citizenship is happening in more places. Kansas is already asking for it to get a Real ID star on driver’s licenses and that proof is shared with the office to verify citizenship. I believe proof of citizenship will increase nationwide. Is the power of a secretary of state to prosecute alleged voting fraud justified given county authority to deal with misconduct? I was a supporter of this legislation and recognized the need for it. District attorneys have bigger issues on their plate and view voter fraud as a victimless crime. However, without prosecution there is little deterrent to people who wish to defraud our system. The SOS
office has most of the data needed to prosecute these crimes, easy access to verification of the crime, and the expertise in this area of the law. It makes logical sense for this to be prosecuted from the SOS’s office and probably saves the state money because prosecuting it there saves research expenses. Can the state’s top elections officer operate a political action committee and donate to candidates without an appearance of a conflict of interest? That is a determination for the people of Kansas, not the law or courts. The First Amendment protects such affiliations and the right of an individual’s free (political) speech. Holding office does not take away that right, but that does not mean it is prudent either. I have no intention of starting or maintaining a PAC as an elected official. There are plenty of outside groups to provide influence in elections. I prefer to listen to individuals and businesses in Kansas, not PACs and lobbyists. How would you improve security of electronic voting and bolster the state’s ability to provide verifiable backup of voting results? This year, I helped complete the effort to require random auditing of election results to ensure that the machine counts match exactly with the paper trail. It also requires that new machines purchased in Kansas provide a voter verifiable, paper ballot. I will also work to improve the security of information exchanged with other states through Crosscheck. There is no need to share sensitive date (such as the last four digits of the Social Security number) without encryption. This would prevent anyone accessing or analyzing the data from
KEITH ESAU
Town of residence: Olathe Party affiliation: Republican Age: 58 Job: Software consultant/developer Prior elected offices: Kansas House, 2013 to present; chairman of House Elections Committee
seeing the original values or accidentally disclosing them like Florida did. Should documentary evidence — electronic, paper, whatever — of votes cast be preserved for at least four years if questions arise about results of elections? Current law (KSA 25-2708) provides for ballots to be maintained for 22 months (6 for municipal elections). I believe this is sufficient time to settle disputes and verify the accuracy of election results. I am not aware of any arguments to hold these internal records for a longer period.