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 9  AN ACT relating to elections; concerning runoff primary elections for
10    certain state offices; amending K.S.A. 25-203, 25-204, 25-209, 25-212
11    and 25-215 and K.S.A. 1996 Supp. 25-213, 25-1122, 25-3203 and 25-
12    3205 and repealing the existing sections.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 25-203 is hereby amended to read as follows: 25-
16  203. (a) Except as otherwise provided in subsection (b), The primary
17  national, state, county and township election shall be held on the first
18  Tuesday of August in even-numbered years for the nomination of all
19  candidates to be voted for at the next following general election.
20    (b)  In the year 1992, if new boundary lines are defined and districts
21  established in the manner prescribed by law for the offices of represen-
22  tative in the United States congress, senator and representative in the
23  legislature of the state of Kansas, and member of the state board of ed-
24  ucation, on or after June 13, 1992, the primary national, state, county and
25  township election shall be held on August 25, 1992, for the nomination
26  of all candidates to be voted for at the next following general election.
27  Runoff primary elections required by K.S.A. 25-213, and amendments
28  thereto, shall be held on the fourth Tuesday of August in even-numbered
29  years.
30    Sec. 2.  K.S.A. 25-204 is hereby amended to read as follows: 25-204.
31  (a) On or before April second in even-numbered years before the time
32  of holding the initial statewide primary election, the secretary of state
33  shall prepare and transmit to each county election officer a notice in
34  writing, designating the offices for which candidates are to be nominated
35  at such statewide primary election. Upon receipt of such notice each
36  county election officer shall forthwith publish so much thereof as may be
37  applicable to his county, once each week for three consecutive weeks, in
38  the official county paper. Such notice so published shall state the time
39  when such primary election will be held, together with the offices for
40  which candidates are to be nominated.
41    (b)  Following the completion of the final canvass of the initial primary
42  election, if it is determined that a runoff primary election is required for
43  any office by K.S.A. 25-213, and amendments thereto, the secretary of
HB 2373
                                     

 1  state shall prepare and transmit to each county election officer a notice
 2  in writing giving notice thereof together with the information required by
 3  K.S.A. 25-209, and amendments thereto.
 4    Sec. 3.  K.S.A. 25-209 is hereby amended to read as follows: 25-209.
 5  (a) As soon as possible after the filing deadline, the secretary of state shall
 6  certify to each county election officer the name and post-office address
 7  of each person who has filed valid nomination petitions or a declaration
 8  of intent to become a candidate for United States senator or represen-
 9  tative or for state office, together with the designation of the office for
10  which each is a candidate and the party or principle which the candidate
11  represents.
12    The county election officer shall forthwith, upon receipt thereof, pub-
13  lish for three (3) consecutive weeks in the official paper, a notice which
14  shall set forth under the proper party designation, the title of each na-
15  tional, state, county and township office any part of the district of which
16  is in the county, the names and addresses of all persons certified by the
17  secretary of state as candidates for any national or state office any part of
18  the district of which is in the county and, in addition thereto, the names
19  and addresses of all persons from whom valid nomination papers or dec-
20  larations have been filed in the county election officer's office, giving the
21  name and address of each, the day of the primary election, the hours
22  during which the polls will be open and stating that the primary election
23  will be held at the regular voting places. Where such voting places are
24  not well established and customarily known the published notice herein
25  provided for shall give the location of such voting places.
26    (b)  Following completion of the final canvass of the initial primary
27  election, if it is determined that a runoff primary election is required for
28  any office by K.S.A. 25-213, and amendments thereto, the secretary of
29  state shall certify to each county election officer the names and post office
30  addresses of the persons whose names will appear on the ballot for such
31  runoff primary, together with the office or offices for which such persons
32  are candidates and the party which the candidates represent.
33    The county election officer shall forthwith, upon receipt thereof, publish
34  in the official county newspaper, a notice which shall set forth under the
35  proper party designation, the title of the office or offices, the names and
36  addresses of all persons certified by the secretary of state as candidates
37  in such runoff primary election, the hours the polls will be open and
38  stating that such election will be held at the regular voting places or
39  specifying the locations of voting places established for such purposes.
40    Sec. 4.  K.S.A. 25-212 is hereby amended to read as follows: 25-212.
41  In case there are nomination petitions or declarations of intention to
42  become a candidate on file for more than one candidate or for more than
43  one pair of candidates for governor and lieutenant governor, of the same
HB 2373
                                     

 1  party for any national or state office, the secretary of state shall divide the
 2  state or appropriate part thereof, into as many divisions as there are names
 3  to go on such party ballot for that office. If it is determined that a runoff
 4  primary election is required for any office or offices by K.S.A. 25-213,
 5  and amendments thereto, the secretary of state shall divide the state into
 6  divisions for the purpose of placing the names of the candidates upon the
 7  ballot. Such divisions shall be as nearly equal in number of members of
 8  such party as is convenient without dividing any one county. In making
 9  such division the secretary of state shall take the alphabetical list of coun-
10  ties in regular order until the secretary of state gets the required propor-
11  tion of party members of such party based upon the party affiliation lists
12  as shown by the certificates of the respective county election officers, and
13  so on through the list of counties until the secretary of state gets the
14  proper proportion of party members in each division. The secretary of
15  state shall also take the alphabetical list of candidates or pairs of candi-
16  dates in regular order and in certifying to the county election officer the
17  list of names for whom nomination petitions or declarations of intent to
18  become a candidate have been filed, shall place one name or pair of
19  candidates at the head of the list in the first division of counties, another
20  in the second division, and so on with all the candidates for any particular
21  office, so that every candidate or pair of candidates for any office shall be
22  at the head of the list in one division of the state and second in another
23  division thereof, and so forth. When, in the case of candidates for the
24  office of congressman, district judge, district magistrate judge, state sen-
25  ator, state representative or state board of education member, the sec-
26  retary of state finds that the secretary of state cannot get a fair proportion
27  of party members to give each candidate for congressman, district judge,
28  district magistrate judge, state senator, state representative or state board
29  of education member in any given district an equitable or fair opportunity
30  to have the candidate's name first on the ballot in the respective counties
31  of the district, the secretary of state shall order the county election officers
32  in the various counties of the district to rotate the names of the candidates
33  for such district offices according to precinct. If voting machines are used
34  the arrangement of names of candidates or pair of candidates for all of-
35  fices on the voting machines shall be rotated, as near as may be, according
36  to precinct.
37    The arrangement of the names certified by the secretary of state shall
38  govern the county election officer in arranging the primary election ballot,
39  and the county election officer in preparing the ballot for such officer's
40  county shall follow the same arrangement as provided in this section for
41  the secretary of state, for the candidates nominated for county offices,
42  using the township and precincts of the county in making the division.
43    Sec. 5.  K.S.A. 1996 Supp. 25-213 is hereby amended to read as fol-
HB 2373
                                     

 1  lows: 25-213. (a) At all national and state primary elections, the national
 2  and state offices as specified for each in this section shall be printed upon
 3  the official primary election ballot for national and state offices and the
 4  county and township offices as specified for each in this section shall be
 5  printed upon the official primary election ballot for county and township
 6  offices. The official primary election ballots for initial primary elections
 7  shall have the following heading:
 8                                           OFFICIAL PRIMARY ELECTION BALLOT
 9                                                  __________________ Party
10    To vote for a person whose name is printed on the ballot make a cross or check mark in
11  the square at the left of the person's name. To vote for a person whose name is not printed
12  on the ballot, write the person's name in the blank space, if any is provided, and make a
13  cross or check mark in the square to the left.
14                                         OFFICIAL RUNOFF PRIMARY ELECTION BALLOT
15                                                  __________________ Party
16    To vote for a candidate make a cross or check mark in the square at the left of the person's
17  name.
18    The words national and state or the words county and township shall appear on the line
19  preceding the part of the form shown above.
20    (b)  The form shown shall be followed by the names of the persons
21  for whom nomination petitions or declarations have been filed according
22  to law for political parties having primary elections, or in the case of runoff
23  primary elections the names of the persons required in accordance with
24  this section, and for the national and state offices in the following order:
25  United States senator, United States representative from ___ district,
26  governor and lieutenant governor, secretary of state, attorney general,
27  state treasurer, commissioner of insurance, senator ___ district, repre-
28  sentative ___ district, district judge ___ district, district magistrate
29  judge ___ district, district attorney ___ judicial district, and member
30  state board of education ___ district. For county and township offices
31  the form shall be followed by the names of persons for whom nomination
32  petitions or declarations have been filed according to law for political
33  parties having primary elections in the following order: commissioner
34  ___ district, county clerk, treasurer, register of deeds, county attorney,
35  sheriff, surveyor, township trustee, township treasurer, township clerk.
36  When any office is not to be elected, it shall be omitted from the ballot.
37  Other offices to be elected but not listed, shall be inserted in the proper
38  places. For each office there shall be a statement of the number to vote
39  for.
40    To the left of each name there shall be printed a square. Official pri-
41  mary election ballots may be printed in one or more columns. The names
42  certified by the secretary of state or county election officer shall be
43  printed on official primary election ballots and no others. In case all initial
HB 2373
                                     

 1  primary elections if there are no nomination petitions or declarations on
 2  file for any particular office, the title to the office shall be printed on the
 3  ballot followed by a blank line with a square, and such title, followed by
 4  a blank line, may be printed in the list of candidates published in the
 5  official paper. No blank line shall be printed following any office on the
 6  official ballot for any runoff primary election or for any initial primary
 7  election where there are nomination petitions or declarations on file for
 8  the office except following the offices of precinct committeeman and
 9  precinct committeewoman.
10    (c)  Except as otherwise provided in this section, no person's name
11  shall be printed more than once on either the official primary election
12  ballot for national and state offices or the official primary election ballot
13  for county and township offices. No name that is printed on the official
14  primary election ballot as a candidate of a political party shall be printed
15  or written in as a candidate for any office on the official primary election
16  ballot of any other political party. If a person is a candidate for the unex-
17  pired term for an office, the person's name may be printed on the same
18  ballot as a candidate for the next regular term for such office. The name
19  of any candidate on the ballot may be printed on the same ballot as such
20  candidate and also as a candidate for precinct committeeman or com-
21  mitteewoman. No name that is printed on the official primary election
22  ballot for national and state offices shall be printed or written in elsewhere
23  on such ballot or on the official primary election ballot for county and
24  township offices except for precinct committeeman or committeewoman.
25  No name that is printed on the official primary election ballot for county
26  and township offices shall be printed or written in on the official primary
27  election ballot for national and state offices or elsewhere on such county
28  and township ballot except for precinct committeeman or committee-
29  woman.
30    (d)  No person shall be elected to the office of precinct committeeman
31  or precinct committeewoman where no nomination petitions or decla-
32  rations have been filed, unless the person receives at least five write-in
33  votes.
34    (e)  As a result of a primary election, no person shall receive the nom-
35  ination and no person's name shall be printed on the official general
36  election ballot when no nomination petitions or declarations were filed,
37  unless the person receives votes equal in number to not less than 10% of
38  the electors who voted for the office of secretary of state at the last pre-
39  ceding general election for such office in the state, county or district in
40  which the office is sought, except that a candidate for township office may
41  receive the nomination and have such person's name printed on the ballot
42  where no nomination petitions or declarations have been filed if such
43  candidate receives three or more write-in votes. No such person shall be
HB 2373
                                     

 1  required to obtain more than 5,000 votes.
 2    (f)  At any initial primary election for the nomination of candidates
 3  for the offices of United States senator, United States representative, state
 4  offices for which officers are elected on a statewide basis and members of
 5  the state senate and house of representatives, in which there are three or
 6  more candidates or pairs of candidates for any one office for the same
 7  political party and no one candidate or pair of candidates receive a ma-
 8  jority of all votes cast for all candidates of such party for such office, none
 9  of the candidates or pairs of candidates shall receive the nomination for
10  such office and a runoff primary election shall be called and held to de-
11  termine the nomination for such party for such office. The names of the
12  two candidates or pairs of candidates receiving the highest number of
13  votes at the initial primary election shall be printed on the official ballot
14  for such runoff primary election and the candidate or pair of candidates
15  receiving the highest number of votes at the runoff primary election shall
16  receive the nomination of the party and the name or names of such can-
17  didate or pair of candidates shall be printed on the official general election
18  ballot as the candidate or candidates of such party for such office or
19  offices.
20    Sec. 6.  K.S.A. 25-215 is hereby amended to read as follows: 25-215.
21  (a) (1) No person shall be entitled to vote at any national, state, county
22  or township primary election unless he or she is a resident of the voting
23  area, a citizen of the United States, at least eighteen (18) 18 years of age,
24  and duly registered. (2) The provisions as to registration required by ex-
25  isting statutes, and by any amendment now or hereafter made thereto,
26  shall apply to such primary elections.
27    (b)  No person who registers to vote during the period commencing
28  on the day following any initial primary election and ending on the day
29  of any runoff primary election shall be entitled to vote at such runoff
30  primary election.
31    Sec. 7.  K.S.A. 1996 Supp. 25-1122 is hereby amended to read as
32  follows: 25-1122. (a) Any person described in K.S.A. 25-1119, and amend-
33  ments thereto, may file with the county election officer where such person
34  is a resident, or where such person is authorized by law to vote as a former
35  precinct resident, an application for an advance voting ballot.
36    (b)  Applications for advance voting ballots to be transmitted to the
37  voter by mail shall be filed only at the following times:
38    (1)  For the primary election occurring on the first Tuesday in August
39  in even-numbered years, between April 1 of such year and the last busi-
40  ness day of the week preceding such primary election.
41    (2)  For the general election occurring on the Tuesday succeeding the
42  first Monday in November in even-numbered years, between 90 days
43  prior to such election and the last business day of the week preceding
HB 2373
                                     

 1  such general election.
 2    (3)  For the primary election held five weeks preceding the first Tues-
 3  day in April, between January 1 of the year of such election and the last
 4  business day of the week preceding such primary election.
 5    (4)  For the general election occurring on the first Tuesday in April,
 6  between January 1 of the year of such election and the last business day
 7  of the week preceding such general election.
 8    (5)  For question submitted elections occurring on the date of a pri-
 9  mary or general election, the same as is provided for ballots for election
10  of officers at such election.
11    (6)  For question submitted elections not occurring on the date of a
12  primary or general election, between the time of the first published notice
13  thereof and the last business day of the week preceding such question
14  submitted election, except that if the question submitted election is held
15  on a day other than a Tuesday, the county election officer shall determine
16  the final date for mailing of advance voting ballots, but such date shall
17  not be more than three business days before such election.
18    (7)  For any special election of officers, at such time as is specified by
19  the secretary of state.
20    (8)  For the presidential preference primary, between January 1 of
21  the year in which such primary is held and the last business day of the
22  week preceding such primary election.
23    (9)  For runoff primary elections required by K.S.A. 25-213, and
24  amendments thereto, at such time as is specified by the secretary of state
25  for such election.
26    The county election officer of any county may receive applications prior
27  to the time specified in this subsection (b) and hold such applications
28  until the beginning of the prescribed application period. Such applications
29  shall be treated as filed on that date.
30    (c)  Except as otherwise provided in subsection (e), applications made
31  by persons specified in K.S.A. 25-1119, and amendments thereto, for
32  advance voting ballots to be transmitted to the voter in person in the
33  office of the county election officer shall be filed only on the Tuesday
34  next preceding the election, or such earlier date as the county election
35  officer may designate, on each subsequent business day and, if the county
36  election officer so provides, on Saturday, until no later than 12:00 noon
37  on the day preceding such election. Upon receipt of any such application,
38  properly executed, the county election officer shall deliver to the voter
39  such ballots and instructions as are provided for in this act.
40    (d)    Any person having a permanent physical disability or an illness
41  which has been diagnosed as a permanent illness who would be qualified
42  to vote an advance voting ballot pursuant to K.S.A. 25-1119, and amend-
43  ments thereto, is hereby authorized to make an application for permanent
HB 2373
                                     

 1  advance voting status. Applications for permanent advance voting status
 2  shall be in the form and contain such information as is required for ap-
 3  plication for advance voting ballots but shall also contain information
 4  which establishes the voter's right to permanent advance voting status.
 5    (e)  On receipt of any application filed under the provisions of this
 6  section, the county election officer shall prepare and maintain in such
 7  officer's office a list of the names of all persons who have filed such
 8  applications, together with their correct post office address and the pre-
 9  cinct, ward, township or voting area in which such persons claim to be
10  registered voters or to be authorized by law to vote as former precinct
11  residents and the present resident address of each applicant, which names
12  and addresses shall remain so listed until the day of such election available
13  for inspection upon request in compliance with this subsection by any
14  registered voter during regular business hours. The county election offi-
15  cer upon receipt of such applications shall enter upon a record kept by
16  such officer the name and address of each such person, which record
17  shall conform to the list above required. The county election officer shall
18  maintain a separate listing of the names and addresses of persons quali-
19  fying for permanent advance voting status. Before inspection of any ad-
20  vance voting ballot application list, the person desiring to make such in-
21  spection shall provide to the county election officer identification in the
22  form of driver's license or other reliable identification and shall sign a log
23  book or application form maintained by such officer stating such person's
24  name and address and showing the date and time of inspection. All re-
25  cords made by the county election officer shall be subject to public in-
26  spection, except that the identifying number on ballots and ballot enve-
27  lopes and records of such number shall in no case be made public.
28    (f)  If an advance voting ballot is destroyed, spoiled, lost or not re-
29  ceived by the voter, the voter may request a replacement ballot from the
30  county election officer as provided in this subsection.  When a request is
31  timely received under this subsection, the county election officer shall
32  deliver the ballot to the voter if the voter is present in the office of the
33  county election officer, or promptly transmit the ballot by mail to the
34  voter at the address contained in the original application, except when
35  prohibited in the subsection. The county election officer shall keep a
36  record of each replacement advance voting ballot provided under this
37  subsection.
38    Sec. 8.  K.S.A. 1996 Supp. 25-3203 is hereby amended to read as
39  follows: 25-3203. If the secretary of state fails to receive the final abstract
40  of the intermediate canvass of any national or state election from any
41  county by the second Tuesday Friday next after any election, the secretary
42  shall dispatch a special messenger to obtain a copy of the same, and the
43  county election officer shall immediately, on demand of such messenger,
HB 2373
                                     

 1  make out and deliver to such messenger the copy required. Thereupon,
 2  the messenger shall deliver such copy to the secretary of state without
 3  delay. The expenses of such messenger shall be paid by the secretary of
 4  state, and the secretary of state shall be reimbursed therefor by such
 5  county.
 6    Sec. 9.  K.S.A. 1996 Supp. 25-3205 is hereby amended to read as
 7  follows: 25-3205. The state board of canvassers shall be the board of
 8  canvassers for the final canvass of the primary election of national and
 9  state officers and runoff primary elections required by K.S.A. 25-213, and
10  amendments thereto. Provisions of law relating to the canvass of the na-
11  tional and state general elections shall, as far as applicable, apply to the
12  canvass and certification of the secretary of state of such primary elec-
13  tions. The state board of canvassers shall meet at the office of the sec-
14  retary of state on the call of the secretary of state as soon as convenient
15  after the tabulation of the returns is made. The meeting shall be called
16  not later than September 1 next following such election, except when
17  such date falls on Sunday, then not later than the next following day which
18  is not a legal holiday, and may recess from time to time until the final
19  canvass is completed. Such canvass shall constitute the final canvass for
20  all offices for which ballots are cast in such election except offices for which
21  a runoff primary election is required by this act. The state board of can-
22  vassers shall meet at the office of the secretary of state on the call of the
23  secretary of state as soon as convenient after the tabulation of the returns
24  is made for any runoff primary election to conduct the final canvass of
25  the votes cast in any runoff primary election required by this act.
26    As soon as such final canvass of the primary election shall be completed,
27  the secretary of state shall publish in the Kansas register a certified state-
28  ment of the candidates for the presidential electors, United States sena-
29  tor, representatives in congress and all state officers or so many of such
30  officers as may have been voted for at such election. On the fourth day
31  after the completion of such final canvass or as soon as practicable there-
32  after, the secretary of state shall mail to each candidate found by the state
33  board of canvassers to be duly nominated a certificate of nomination,
34  showing the name of the candidate, the party by whom nominated and
35  the office for which the candidate is nominated as specified in the nom-
36  ination papers and determined by the state board of canvassers.
37    New Sec. 10.  For the purpose of conducting runoff elections re-
38  quired by K.S.A. 25-213, and amendments thereto:
39    (a)  The county election officer shall establish voting places and ap-
40  point election boards in the manner prescribed by law for the conduct of
41  primary elections for the election of state officers;
42    (b)  the polls shall be open during the hours prescribed by K.S.A. 25-
43  106, and amendments thereto, for primary elections for the election of
HB 2373
                                     

 1  state officers;
 2    (c)  the ballots shall be marked, returned and canvassed in the manner
 3  prescribed by law for the conduct of primary elections for the election of
 4  state officers;
 5    (d)  the county board of canvassers of each county shall meet at the
 6  office of the county election officer unless another place is agreed upon
 7  and announced as provided by K.S.A. 25-3105, and amendments thereto,
 8  at any time between 8:00 and 10:00 a.m. on the Friday following the day
 9  of any runoff primary election and upon completion of such canvass the
10  county election officer shall prepare an abstract thereof and transmit the
11  same to the secretary of state in the manner and within the time pre-
12  scribed by law for the transmission of abstracts of votes for primary elec-
13  tions of state officers; and
14    (e)  such elections shall be conducted in the manner prescribed by
15  law for primary elections except as otherwise provided in this act.
16    Sec. 11.  K.S.A. 25-203, 25-204, 25-209, 25-212 and 25-215 and
17  K.S.A. 1996 Supp. 25-213, 25-1122, 25-3203 and 25-3205 are hereby
18  repealed.
19    Sec. 12.  This act shall take effect and be in force from and after its
20  publication in the statute book.