TOPEKA, Kan. — In Kansas, the constitutional amendment dealing with legislative oversight or the “Legislative Veto Amendment” as it became known as is still very close.

Washburn University Political Science Professor Bob Beatty says Amendment 1 will fail because the mail in ballots that still haven’t been counted yet are coming from Democratic voters.

“The Democrats, including the governor were against it,” Beatty said in an interview with FOX4 Thursday. “It’s likely the votes will continue to be no with a few mail in votes left.”

Beatty said the no side will prevail, but one other person FOX4 talked to Thursday was not as sure.

“There are plenty of votes to count,” Kansas Chamber of Commerce President and CEO Alan Cobb said.

Cobb went on to say he thinks it will be difficult for the amendment to pass. The chamber supported Amendment 1. If it’s approved, it would make it easier for the legislature to overturn regulations written by state agencies that are under control of the governor.

As Kansans found out Wednesday, the governor will continue being a Democrat for the next four years. Governor Laura Kelly won reelection. The state legislature is still Republican controlled.

“A lot of people argue this was because of COVID, because the governor was saying that our health department was going to do this, to help people during the pandemic,” Beatty said. “The health department by law is allowed to do certain things, and some legislators were upset they couldn’t tell the governor not to do things during COVID.”

Cobb pushed back against that as well though.

“It has absolutely unequivocally nothing to do with it,” Cobb said when asked if this issue was put on the ballot because of what Kelly did during the pandemic. “I love Bob, but he’s just wrong. We proposed this well before COVID.”

A spokeswoman for the Kansas Secretary of State’s Office says election results are unofficial until the State Board of Canvassers meets either at the end of the month or on the first day of December.

Wednesday, that spokeswoman confirmed there are more Democratic voters who still had mail in ballots out than there were Republican.