A judge will hear arguments next month on the request to dismiss the lawsuit filed by a Wichita mathematician who is seeking to audit voting machine results after finding statistical anomalies in election counts.
A hearing has been set for Feb. 18 in Sedgwick County District Court.
Wichita State University statistician Beth Clarkson wants the tapes to check the error rate on electronic voting machines used at a Sedgwick County voting station during the November 2014 general election.
Sedgwick County contends it is statutorily prohibited from producing the voting machine tapes, which it contends are not open records. It also argued the issue was settled in an earlier lawsuit.
But Clarkson's attorney, Randall Rathbun, disagrees. He said Wednesday issues raised in the past are not being litigated in this case.