----------------------------------------------------------------------------


AN ACT concerning elections; relating to voter registration; amending
  K.S.A. 1996 Supp. 25-2309 and 25-2311 and repealing the existing
  sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 25-2309 is hereby amended to read as
follows: 25-2309. (a) Any person may apply in person, by mail, through a
voter registration agency, or by other delivery to a county election officer
to be registered. Such application shall be made on: (1) A form approved
by the secretary of state, which shall be provided by a county election
officer or chief state election official upon request in person, by telephone
or in writing; or (2) the mail voter registration application prescribed by
the federal election commission. Such application shall be signed by the
applicant under penalty of perjury and shall contain the original signature
of the applicant or the computerized, electronic or digitized transmitted
signature of the applicant.
  (b)  Applications made under this section shall give voter eligibility
requirements and such information as is necessary to identify the appli-
cant and to determine the qualifications of the applicant as an elector and
the facts authorizing such person to be registered, including, but not
limited to, the following data:
  (1)  Name;
  (2)  place of residence, including specific address or location, and
mailing address if the residence address is not a permissible postal ad-
dress;
  (3)  date of birth;
  (4)  sex;
  (5)  telephone number, if available;
  (6)  naturalization data (if applicable);
  (7)  if applicant has previously registered or voted elsewhere, resi-
dence at time of last registration or voting;
  (8)  when present residence established;
  (9)  name under which applicant last registered or voted, if different
from present name;
  (10)  an attestation that the applicant meets each eligibility require-
ment;
  (11)  a statement that the penalty for submission of a false voter reg-
istration application is a maximum presumptive sentence of 17 months in
prison;
  (12)  a statement that, if an applicant declines to register to vote, the
fact that the applicant has declined to register will remain confidential
and will be used only for voter registration purposes;
  (13)  a statement that if an applicant does register to vote, the office
to which a voter registration application is submitted will remain confi-
dential and will be used only for voter registration purposes; and
  (14)  political party affiliation declaration, if any. An applicant's failure
to make a declaration will result in the applicant being registered as an
unaffiliated voter.
  If the application discloses any previous registration in any other county
or state, as indicated by item (7)  or item (9) paragraph (7) or (9), or
otherwise, the county election officer shall upon the registration of the
applicant, give notice to the election official of the place of former reg-
istration, notifying such official of applicant's present residence and reg-
istration, and authorizing cancellation of such former registration.
  (c)  Any person who applies for registration through a voter registra-
tion agency shall be provided with, in addition to the application under
subsection (b), a form which includes:
  (1)  The question ``If you are not registered to vote where you live
now, would you like to apply to register to vote here today?'';
  (2)  a statement that if the applicant declines to register to vote, this
decision will remain confidential and be used only for voter registration
purposes;
  (3)  a statement that if the applicant does register to vote, information
regarding the office to which the application was submitted will remain
confidential and be used only for voter registration purposes; and
  (4)  if the agency provides public assistance, (i) the statement ``Apply-
ing to register or declining to register to vote will not affect the amount
of assistance that you will be provided by this agency.'';
  (ii)  boxes for the applicant to check to indicate whether the applicant
would like to register or declines to register to vote, together with the
statement ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE
CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO
VOTE AT THIS TIME.'';
  (iii)  the statement ``If you would like help in filling out the voter
registration application form, we will help you. The decision whether to
seek or accept help is yours. You may fill out the application form in
private.''; and
  (iv)  the statement ``If you believe that someone has interfered with
your right to register or to decline to register to vote, your right to privacy
in deciding whether to register or in applying to register to vote, or your
right to choose your own political party or other political preference, you
may file a complaint with the Kansas Secretary of State, 300 SW 10th St.,
Topeka, KS 66612-1594.''
  (d)  If any person, in writing, declines to register to vote, the voter
registration agency shall maintain the form prescribed by subsection (c).
  (e)  A voter registration agency shall transmit the completed registra-
tion application to the county election officer not later than five days after
the date of acceptance. Upon receipt of an application for registration,
the county election officer shall send, by nonforwardable first-class mail,
a notice of disposition of the application to the applicant at the postal
delivery address shown on the application. If a notice of disposition is
returned as undeliverable, a confirmation mailing prescribed by K.S.A.
25-2316c, and amendments thereto, shall occur.
  (f)  If an application is received while registration is closed, such ap-
plication shall be considered to have been received on the next following
day during which registration is open.
  (g)  A person who completes an application for voter registration shall
be considered a registered voter when the county election officer adds the
applicant's name to the county voter registration list.
  (g) (h)  Any registered voter whose residence address is not a per-
missible postal delivery address shall designate a postal address for reg-
istration records. When a county election officer has reason to believe
that a voter's registration residence is not a permissible postal delivery
address, the county election officer shall attempt to determine a proper
mailing address for the voter.
  Sec. 2.  K.S.A. 1996 Supp. 25-2311 is hereby amended to read as
follows: 25-2311. (a) County election officers shall provide for the regis-
tration of voters at one or more places on all days except the following:
  (1)  Days when the main offices of the county government are closed
for business, except as is otherwise provided by any county election officer
under the provisions of K.S.A. 25-2312 and amendments thereto;
  (2)  days when the main offices of the city government are closed for
business, in the case of deputy county election officers who are city clerks
except as is otherwise provided by any county election officer under the
provisions of K.S.A. 25-2312 and amendments thereto;
  (3)  the 14 days preceding the day of primary and general state elec-
tions;
  (4)  the 14 days preceding the day of primary city and school elections,
if either has a primary;
  (5)  the 14 days preceding each first Tuesday in April of odd-num-
bered years, being the day of city and school general elections;
  (6)  the 14 days preceding the day of any election other than one
specified in paragraphs (3), (4) and (5) of this subsection; and
  (7)  the day of any primary or general election or any question sub-
mitted election.
  (b)  For the purposes of this section in counting days that registration
books are to be closed, all of the days including Sunday and legal holidays
shall be counted.
  (c)  The secretary of state shall notify every county election officer of
the dates when registration shall be closed preceding primary and general
state, city and school elections. The days so specified by the secretary of
state shall be conclusive. Such notice shall be given by the secretary of
state by mail at least 60 days preceding every primary and general state,
city and school election.
  (d)  The last days before closing of registration books as directed by
the secretary of state under subsection (c) of this section, county election
officers shall may provide for registration of voters during regular busi-
ness hours, during the noon hours and at other than regular business
hours upon such days as the county election officers deem necessary. The
last three business days before closing of registration books prior to state
primary and general elections, county election officers shall may provide
for registration of voters until 9:00 p.m. in cities of the first and second
class.
  (e)  County election officers shall accept and process applications re-
ceived by voter registration agencies and the division of motor vehicles
not later than the 15th day preceding the date of any election; mailed
voter registration applications that are postmarked not later than the 15th
day preceding the date of any election; or, if the postmark is illegible or
missing, is received in the mail not later than the ninth day preceding the
day of any election.
  (f)  The secretary of state may adopt rules and regulations interpreting
the provisions of this section and specifying the days when registration
shall be open, days when registration shall be closed, and days when it is
optional with the county election officer for registration to be open or
closed.
  (g)  Before each primary and general election held in even-numbered
years, and at times and in a form prescribed by the secretary of state,
each county election officer shall certify to the secretary of state the num-
ber of registered voters in each precinct of the county as shown by the
registration books in the office of such county election officer.
  Sec. 3.  K.S.A. 1996 Supp. 25-2309 and 25-2311 are hereby repealed.
  Sec. 4.  This act shall take effect and be in force from and after its
publication in the statute book.