For Immediate Release:      

February 8, 2007                                                                                       

For Information Contact:
Rep. Mike O’Neal 785/296-7679
Rep. Tom Sawyer 785/296-7648

Topeka – The Kansas House of Representatives’ Select Committee on Contested Elections today submitted its report regarding the challenged November election results of House District 16 to the House of the Whole.

“After careful review of the evidence and hearing from both parties, committee members unanimously agreed to recommend House members vote to uphold the judge’s ruling that Gene Rardin won the election over John Dennis Kriegshauser by two votes,” Committee Chairman Mike O’Neal (R-Hutchinson) said.  “I am very proud of the committee’s work.  While we went through somewhat contentious times, this committee put partisan politics aside and focused on the facts of the case.”

Although Mr. Kriegshauser withdrew his challenge of the election result yesterday (Wednesday), the Select Committee is still required by statue to submit a final report to the full House, Vice Chairman Tom Sawyer (D-Wichita) said.

“I am very pleased with the process.  Everyone was treated fairly and we all worked hard to resolve this matter,” Rep. Sawyer said.

House Speaker Melvin Neufeld commended the committee for its work.

“I know it was not easy,” Speaker Neufeld said. “Chairman O’Neal, Vice Chair Sawyer and the rest of the committee are to be applauded for their work and their dedication to conducting a fair investigation.”

The committee reviewed five ballots and found two did not live within the district.  However, committee members could not determine how they voted.  They also opened one of the ballots in question so it could be counted. Their final assessment gave 4,131 votes for Rardin and 4,129 votes for Kriegshauser, confirming the result reached by Johnson County District Judge Stephen Tatum.

Chairman O’Neal said the committee’s examination of the case brought up the need for possible legislation. 

“One of the recommendations is a review of how county boards of canvassers handle input from interested parties during a recount,” O’Neal said.  For instance in Johnson County, the board doesn’t allow non-board members to speak up if they witness a potential violation of state law.  In the case of the Rardin-Kriegshauser race, an attempt to point out an error in the procedure utilized by the board was turned aside.  Listening to the public input, in all likelihood, would have prevented the resulting election contest.”

Representatives Gary Hayzlett (R-Lakin), Jene Vickrey (R-Louisburg), Jim Ward (D-Wichita) and Mike Peterson (D-Kansas City) also served on the Select Committee.

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