SB 145--Am. by HCW
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[As Amended by House Committee of the
Whole]
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As Amended by House Committee
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[As Amended by Senate Committee of the
Whole]
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As Amended by Senate Committee
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Session of 1997
SENATE BILL No. 145
By Committee on Elections and Local Government
1-29
AN ACT concerning elections; relating to advance voting;
amending K.S.A. 25-3301 and K.S.A. 1996 Supp.
25-1120, 25-1122, 25-1123, 25- 1124, 25-1128 and 25-2316c and
repealing the existing sections. [K.S.A.
25-3301 and] K.S.A. 1996 Supp. 25-1122,
25-1124 [25- 1123,
25-1124, 25-1128], 25-2316c and 25-2908 and repealing the existing
sections.
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16 AN ACT concerning elections; relating to advance voting; relating
17 to voter registration; relating to candidates; [relating to certain
18 county officers;] amending K.S.A. 22a-102, 25-308, 25-1903 and
19 25-3301 and K.S.A. 1996 Supp. [19-3a02,] 25-105, 25-306b, 25-
20 1122, 25-1123, 25-1124, 25-1128, 25-2309, 25-2311, 25-2316c
21 and 25-2908 and repealing the existing sections.
22
23 Be it enacted by the Legislature of the State of Kansas:
24 Section 1. K.S.A. 1996 Supp. 25-1120 is hereby amended to read as
25 follows: 25-1120. When the names to appear on ballots are definitely
26 known and not later than 20 days prior to any primary, general or question
27 submitted election each county election officer shall cause to be prepared
28 such number of advance voting ballots and ballot envelopes as in the
29 election officer's judgment are necessary to carry out the requirements
30 of this act. Except as otherwise provided in this section, such ballots shall
31 contain the names and cities of residence of all persons who are candi-
32 dates for all national, state, county, city, township and school offices,
33 which names may be written, typewritten or printed. On the same line
34 with each candidate's name shall be a square in the ordinary form, or
35 parentheses in which the voter can place a cross or check mark. In the
36 case of elections required by law to be conducted on a partisan basis, such
37 ballot shall indicate the political party of each candidate. In all counties
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1 in which the same, or reproductions of the same, ballots which are pre-
2 sented to electors at the polls for voting on election day can be used for
3 advance voting, the names of candidates for the offices of precinct com-
4 mitteeman and committeewoman shall be printed on the ballots. In coun-
5 ties in which ballots or reproductions of ballots presented to electors at
6 the polls for voting on election day cannot be used for advance voting,
7 the ballots may contain blank lines for writing in names of candidates for
8 precinct committeemen and committeewomen together with the number
9 of the precinct or name of the township of such candidate. On the same
10 line with each blank line shall be a square in the ordinary form or paren-
11 thesis in which the voter can place the appropriate mark.
12 The county election officer of any county may number such advance
13 voting ballots. If the county election officer of any county elects to prepare
14 advance voting ballots and ballot envelopes without identifying consecu-
15 tive numbers, such officer shall prepare and distribute such ballots and
16 envelopes in accordance with a plan approved by the secretary of state.
17 If the county election officer elects to number such ballots, all advance
18 voting ballots shall be consecutively numbered, and the ballot envelope
19 for each ballot, if such envelope is required as provided in K.S.A. 25-
20 1123, and amendments thereto, shall bear the same number as the ballot.
21 The ballot envelope shall also bear a declaration in substance as follows:
22 THIS DECLARATION MUST BE
23 COMPLETED AND SIGNED
24 ``I ____________ do hereby declare that I marked the enclosed ballot and that such ballot
25 was enclosed and sealed in this envelope by me. My legal residence is in the ____________________________________
26 precinct, _________ township, (or, in the _________ precinct of the ____________ ward,
27 ____________ street in the city of ____________), in the county of ____________, state
28 of Kansas.
29 (Signed)
________________________.''
30 The ballot envelope shall also contain a statement advising the voter
31 that the signed envelope will be separated from the ballot to guarantee
32 the confidentiality of the vote cast.
33 The ballot envelope to be used for voting by a former precinct resident
34 shall also state the place of former residence of the voter and the date of
35 removal therefrom to the voter's present residence.
36 Sec. 2. Section 1. K.S.A. 1996 Supp. 25-1122 is hereby amended to
37 read as follows: 25-1122. (a) Any person described in K.S.A. 25-1119, and
38 amendments thereto, may file with the county election officer where such
39 person is a resident, or where such person is authorized by law to vote as
40 a former precinct resident, an application for an advance voting ballot.
41 The signed application may be transmitted to the county election officer
42 by facsimile.
43 (b) Applications for advance voting ballots to be transmitted to the
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1 voter by mail shall be filed only at the following times:
2 (1) For the primary election occurring on the first Tuesday in August
3 in even-numbered years, between April 1 of such year and the last busi-
4 ness day of the week preceding such primary election.
5 (2) For the general election occurring on the Tuesday succeeding the
6 first Monday in November in even-numbered years, between 90 days
7 prior to such election and the last business day of the week preceding
8 such general election.
9 (3) For the primary election held five weeks preceding the first Tues-
10 day in April, between January 1 of the year of such election and the last
11 business day of the week preceding such primary election.
12 (4) For the general election occurring on the first Tuesday in April,
13 between January 1 of the year of such election and the last business day
14 of the week preceding such general election.
15 (5) For question submitted elections occurring on the date of a pri-
16 mary or general election, the same as is provided for ballots for election
17 of officers at such election.
18 (6) For question submitted elections not occurring on the date of a
19 primary or general election, between the time of the first published notice
20 thereof and the last business day of the week preceding such question
21 submitted election, except that if the question submitted election is held
22 on a day other than a Tuesday, the county election officer shall determine
23 the final date for mailing of advance voting ballots, but such date shall
24 not be more than three business days before such election.
25 (7) For any special election of officers, at such time as is specified by
26 the secretary of state.
27 (8) For the presidential preference primary, between January 1 of
28 the year in which such primary is held and the last business day of the
29 week preceding such primary election.
30 The county election officer of any county may receive applications prior
31 to the time specified in this subsection (b) and hold such applications
32 until the beginning of the prescribed application period. Such applications
33 shall be treated as filed on that date.
34 (c) Except as otherwise provided in subsection (e), applications made
35 by persons specified in K.S.A. 25-1119, and amendments thereto, for
36 advance voting ballots to be transmitted to the voter in person in the
37 office of the county election officer shall be filed only on the Tuesday
38 next preceding the election, or such earlier date as the county election
39 officer may designate, on each subsequent business day and, if the county
40 election officer so provides, on Saturday, until no later than 12:00 noon
41 on the day preceding such election. Upon receipt of any such application,
42 properly executed, the county election officer shall deliver to the voter
43 such ballots and instructions as are provided for in this act.
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1 (d) Any person having a permanent physical disability or an illness
2 which has been diagnosed as a permanent illness who would be qualified
3 to vote an advance voting ballot pursuant to K.S.A. 25-1119, and amend-
4 ments thereto, is hereby authorized to make an application for permanent
5 advance voting status. Applications for permanent advance voting status
6 shall be in the form and contain such information as is required for ap-
7 plication for advance voting ballots but shall also contain information
8 which establishes the voter's right to permanent advance voting status.
9 (e) On receipt of any application filed under the provisions of this
10 section, the county election officer shall prepare and maintain in such
11 officer's office a list of the names of all persons who have filed such
12 applications, together with their correct post office address and the pre-
13 cinct, ward, township or voting area in which such persons claim to be
14 registered voters or to be authorized by law to vote as former precinct
15 residents and the present resident address of each applicant, which names
16 and addresses shall remain so listed until the day of such election available
17 for inspection upon request in compliance with this subsection by any
18 registered voter during regular business hours. The county election offi-
19 cer upon receipt of such applications shall enter upon a record kept by
20 such officer the name and address of each such person, which record
21 shall conform to the list above required. The county election officer shall
22 maintain a separate listing of the names and addresses of persons quali-
23 fying for permanent advance voting status. Before inspection of any ad-
24 vance voting ballot application list, the person desiring to make such in-
25 spection shall provide to the county election officer identification in the
26 form of driver's license or other reliable identification and shall sign a log
27 book or application form maintained by such officer stating such person's
28 name and address and showing the date and time of inspection. All re-
29 cords made by the county election officer shall be subject to public in-
30 spection, except that the identifying number on ballots and ballot enve-
31 lopes and records of such number shall in no case be made public.
32 (f) If an advance voting ballot is destroyed, spoiled, lost or not re-
33 ceived by the voter, the voter may request a replacement ballot from the
34 county election officer as provided in this subsection. When a request is
35 timely received under this subsection, the county election officer shall
36 deliver the ballot to the voter if the voter is present in the office of the
37 county election officer, or promptly transmit the ballot by mail to the
38 voter at the address contained in the original application, except when
39 prohibited in the subsection. The county election officer shall keep a
40 record of each replacement advance voting ballot provided under this
41 subsection.
42 Sec. 3. K.S.A. 1996 Supp. 25-1123 is hereby amended to read as
43 follows: 25-1123. When an application for an advance voting ballot has
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1 been filed in accordance with K.S.A. 25-1122, and amendments thereto,
2 the county election officer shall transmit to the voter applying therefor
3 one each of the appropriate ballots. The county election officer shall trans-
4 mit the advance voting ballots to the voter at one of the following addresses
5 as specified by the voter on such application: (a) The voter's residence
6 address or mailing address as indicated on the registration list; (b) the
7 voter's temporary residential address; or (c) a medical care facility as
8 defined in K.S.A. 65-425, and amendments thereto, psychiatric hospital,
9 hospice or adult care home where the voter resides. No advance voting
10 ballot shall be transmitted by the county election officer by any means
11 prior to the 20th day before the election for which an application for an
12 advance voting ballot has been received by such county election officer.
13 If the advance voting ballot is transmitted by mail, such ballot shall be
14 transmitted with printed instructions prescribed by the secretary of state
15 and a ballot envelope bearing upon the outside a printed form as de-
16 scribed in K.S.A. 25-1120, and amendments thereto, and the same num-
17 ber as the number of the ballot. If the advance voting ballot is transmitted
18 to the applicant in person in the office of the county election officer, such
19 advance voting ballot and printed instructions shall be transmitted in an
20 advance voting ballot envelope bearing upon the outside a printed form
21 as described in K.S.A. 25-1120, and amendments thereto, and the same
22 number as the number of the ballot unless the voter elects to deposit the
23 advance voting ballot into a locked ballot box without an envelope. All
24 ballots shall be transmitted to the advance voting voter not more than 20
25 days before the election but within two business days of the receipt of
26 such voter's application by the election officer or the commencement of
27 such 20-day period. In primary elections required to be conducted on a
28 partisan basis, the election officer shall deliver to such voter the ballot of
29 the political party of the applicant.
30 [Sec. 2. K.S.A. 1996 Supp. 25-1123 is hereby amended to read
31 as follows: 25-1123. (a) When an application for an advance voting
32 ballot has been filed in accordance with K.S.A. 25-1122, and amend-
33 ments thereto, the county election officer shall transmit to the voter
34 applying therefor one each of the appropriate ballots. The Except
35 as provided by subsection (b), the county election officer shall transmit
36 the advance voting ballots to the voter at one of the following addresses
37 as specified by the voter on such application: (a) (1) The voter's residential
38 address or mailing address as indicated on the registration list; (b) (2) the
39 voter's temporary residential address; or (c) (3) a medical care facility as
40 defined in K.S.A. 65-425, and amendments thereto, psychiatric hospital,
41 hospice or adult care home where the voter resides. No advance voting
42 ballot shall be transmitted by the county election officer by any
43 means prior to the 20th day before the election for which an appli-
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1 cation for an advance voting ballot has been received by such
2 county election officer. If the advance voting ballot is transmitted
3 by mail, such ballot shall be transmitted with printed instructions
4 prescribed by the secretary of state and a ballot envelope bearing
5 upon the outside a printed form as described in K.S.A. 25-1120, and
6 amendments thereto, and the same number as the number of the
7 ballot. If the advance voting ballot is transmitted to the applicant
8 in person in the office of the county election officer, such advance
9 voting ballot and printed instructions shall be transmitted in an
10 advance voting ballot envelope bearing upon the outside a printed
11 form as described in K.S.A. 25-1120, and amendments thereto, and
12 the same number as the number of the ballot unless the voter elects
13 to deposit the advance voting ballot into a locked ballot box without
14 an envelope. All ballots shall be transmitted to the advance voting
15 voter not more than 20 days before the election but within two
16 business days of the receipt of such voter's application by the elec-
17 tion officer or the commencement of such 20-day period. In primary
18 elections required to be conducted on a partisan basis, the election
19 officer shall deliver to such voter the ballot of the political party of
20 the applicant.]
21 (b) The restrictions in subsection (a) relating to where a county
22 election officer may transmit an advance voting ballot shall not
23 apply to an advance voting ballot requested pursuant to an appli-
24 cation for an advance voting ballot filed by a sick, physically disa-
25 bled or illiterate voter.
26 Sec. 4. Sec. 2 [3]. K.S.A. 1996 Supp. 25-1124 is hereby amended to
27 read as follows: 25-1124. (a) Any person qualified to vote pursuant to
28 K.S.A. 25-1119, and amendments thereto, upon receiving any ballot
29 transmitted to such person as provided in this act, shall cast their vote as
30 follows: The voter shall make a cross or check mark in the square or
31 parentheses opposite the name of each candidate or question for whom
32 the voter desires to vote. The voter shall make no other mark, and shall
33 allow no other person to make any mark, upon such ballot. If the advance
34 voting ballot was transmitted by mail, the voter shall then personally place
35 the ballot in the ballot envelope bearing the same number as the ballot
36 and seal the envelope. The voter shall then fill out in full the form on the
37 ballot envelope and shall sign the same. The Except as provided by
38 K.S.A. 25-2908, and amendments thereto, the ballot envelope shall be
39 mailed or otherwise transmitted to the county election officer or to the
40 precinct polling place before the close of the polls on election day. If the
41 advance voting ballot was transmitted to the voter in person in the office
42 of the county election officer, the voter may deposit such ballot into a
43 locked ballot box without an envelope.
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1 (b) Any sick, physically disabled or illiterate voter who is unable to
2 apply for or mark or transmit an advance voting ballot, may request as-
3 sistance [by a person who has signed a statement required by sub-
4 section (d)] in applying for or marking or transmitting an advance voting
5 ballot.
6 (c) An application for an advance voting ballot filed by a sick, phys-
7 ically disabled or illiterate voter or by a person rendering assistance to
8 such voter may be filed during the regular advance ballot application
9 periods until the close of the polls on election day. Any such voted ballot
10 shall be transmitted to the county election officer before the close of the
11 polls on election day.
12 [(c) An application for an advance voting ballot filed by a sick,
13 physically disabled or illiterate voter or by a person rendering as-
14 sistance to such voter may be filed during the regular advance bal-
15 lot application periods until the close of the polls on election day.
16 Any such voted ballot shall be transmitted to the county election
17 officer before the close of the polls on election day.]
18 (c) (d) (c) [d] The county election officer shall allow a person to assist
19 a sick, physically disabled or illiterate voter in applying for or marking or
20 transmitting an application or advance voting ballot, provided a written
21 statement is signed by the person who renders assistance to the sick,
22 physically disabled or illiterate voter and submitted to the county election
23 officer with the application or ballot. The statement shall be on a form
24 prescribed by the secretary of state and shall contain a statement from
25 the person providing assistance that the person has not exercised undue
26 influence on the voting decision of the sick, physically disabled or illiterate
27 voter and that the person providing assistance has completed the appli-
28 cation or marked the ballot as instructed by the sick, physically disabled
29 or illiterate voter.
30 (d) (e) (d) [e] Any person assisting a sick, physically disabled or illit-
31 erate voter in applying for or marking or transmitting an advance voting
32 ballot who knowingly and willfully fails to sign and submit the statement
33 required by this section shall be guilty of a class E felony. [or who ex-
34 ercises undue influence on the voting decision of such voter shall
35 be guilty of a severity level 9 nonperson felony.]
36 Sec. 5. K.S.A. 1996 Supp. 25-1128 is hereby amended to read as
37 follows: 25-1128. (a) No voter shall mark or transmit to the county elec-
38 tion officer more than one advance voting ballot, or set of one of each
39 kind of ballot, if the voter is entitled to vote more than one such ballot
40 at a particular election.
41 (b) No person, unless authorized by K.S.A. 25-1119, and amend-
42 ments thereto, shall mark, sign or transmit to the county election officer
43 any advance voting ballot or advance voting ballot envelope.
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1 (c) No person, unless authorized by K.S.A. 25-1122 or K.S.A. 25-1124,
2 and amendments thereto, shall intercept, interfere with, or delay the
3 transmission of advance voting ballots from the county election officer to
4 the voter.
5 (c) (d) No person shall willfully and falsely affirm, declare or sub-
6 scribe to any material fact in an affirmation form for an advance voting
7 ballot, or set of advance voting ballots if the voter is entitled to vote more
8 than one kind of advance voting ballot at a particular election, or in a
9 declaration form on an advance voting ballot envelope.
10 (d) (e) Nothing in this section shall be construed to prohibit any per-
11 son from mailing, carrying or otherwise conveying advance voting ballots
12 or sets of advance voting ballots to the county election officer upon re-
13 quest of advance voting voters.
14 (e) (f) Violation of any provision of this section is a class C misde-
15 meanor.
16 [Sec. 4. K.S.A. 1996 Supp. 25-1128 is hereby amended to read
17 as follows: 25-1128. (a) No voter shall mark or transmit to the
18 county election officer more than one advance voting ballot, or set
19 of one of each kind of ballot, if the voter is entitled to vote more
20 than one such ballot at a particular election.
21 [(b) No person, unless authorized by K.S.A. 25-1119, and
22 amendments thereto, shall mark, sign or transmit to the county elec-
23 tion officer any advance voting ballot or advance voting ballot en-
24 velope.
25 [(c) No person, unless authorized by K.S.A. 25-1122 or K.S.A. 25-
26 1124, and amendments thereto, shall intercept, interfere with, or delay
27 the transmission of advance voting ballots from the county election officer
28 to the voter.
29 [(c) (d) No person shall willfully and falsely affirm, declare or
30 subscribe to any material fact in an affirmation form for an advance
31 voting ballot, or set of advance voting ballots if the voter is entitled
32 to vote more than one kind of advance voting ballot at a particular
33 election, or in a declaration form on an advance voting ballot en-
34 velope.
35 [(d) (e) Nothing in this section shall be construed to prohibit any
36 person from mailing, carrying or otherwise conveying advance vot-
37 ing ballots or sets of advance voting ballots to the county election
38 officer upon request of advance voting voters. [with the permission
39 of the advance voting voter.]
40 [(e) (f) Violation of any provision of this section is a class C
41 misdemeanor.]
42 Sec. 6. Sec. 3 [5]. K.S.A. 1996 Supp. 25-2316c is hereby amended
43 to read as follows: 25-2316c. (a) When a registered voter changes name
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1 by marriage, divorce or legal proceeding, if such voter is otherwise qual-
2 ified to vote at such voting place such voter shall be allowed to vote a
3 provisional ballot at any election, or apply for an advance voting ballot,
4 on the condition that such voter first completes the application for reg-
5 istration prescribed by K.S.A. 25-2309, and amendments thereto. Com-
6 pletion of the application shall authorize the county election officer to
7 update the registration records, if appropriate, for voting in future elec-
8 tions. The county election officer shall send, by nonforwardable first-class
9 mail, a notice of disposition to any voter completing such application.
10 (b) When a registered voter changes residence, such voter must re-
11 [chregister in order to be eligible to vote, except that when a registrant has
12 moved from an address on the registration book to another address within
13 the county and has not reregistered, such registrant shall be allowed to
14 vote a provisional ballot at any election, or to apply for an advance voting
15 ballot, on the condition that such registrant first completes the application
16 for registration prescribed by K.S.A. 25-2309, and amendments thereto.
17 Completion of the application shall authorize the county election officer
18 to update the registration record, if appropriate, for voting in future elec-
19 tions. The county election officer shall send, by nonforwardable first-class
20 mail, a notice of disposition to any such voter. Whenever the county elec-
21 tion officer receives from any other election officer a notice of registration
22 of a voter in a different place than that shown in the records of the county
23 election officer, such officer shall remove the name of such voter from
24 the registration book and party affiliation list.
25 (c) Every application for registration completed under this section
26 shall be returned to the county election officer with the registration books.
27 (d) A registrant shall not be removed from the registration list on the
28 ground that the registrant has changed residence unless the registrant:
29 (1) Confirms in writing that the registrant has moved outside the
30 county in which the registrant is registered, or registers to vote in any
31 other jurisdiction; or
32 (2) has failed to respond to the notice described in subsection (e) and
33 has not appeared to vote in an election during the period beginning on
34 the date of the notice and ending on the day after the date of the second
35 federal general election that occurs after the date of the notice.
36 (e) A county election officer shall send a confirmation notice upon
37 which a registrant may state such registrant's current address, within 45
38 days of the following events:
39 (1) A notice of disposition of an application for voter registration is
40 returned as undeliverable;
41 (2) change of address information supplied by the National Change
42 of Address program identifies a registrant whose address may have
43 changed;
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1 (3) if it appears from information provided by the postal service that
2 a registrant has moved to a different residence address in the county in
3 which the registrant is currently registered; or
4 (4) if it appears from information provided by the postal service that
5 a registrant has moved to a different residence address outside the county
6 in which the registrant is currently registered.
7 The confirmation notice shall be sent by forwardable mail and shall
8 include a postage prepaid and preaddressed return card in a form pre-
9 scribed by the chief state election official.
10 (f) Except as otherwise provided by law, when a voter dies or is dis-
11 qualified for voting, the registration of the voter shall be void, and the
12 county election officer shall remove such voter's name from the registra-
13 tion books and the party affiliation lists. Whenever (1) an obituary notice
14 appears in a newspaper having general circulation in the county reports
15 the death of a registered voter, or (2) a registered voter requests in writing
16 that such voter's name be removed from registration, or (3) a court of
17 competent jurisdiction orders removal of the name of a registered voter
18 from registration lists, or (4) the name of a registered voter appears on a
19 list of deceased residents compiled by the secretary of health and envi-
20 ronment as provided in K.S.A. 65-2422, and amendments thereto, or
21 appears on a copy of a death certificate provided by the secretary of health
22 and environment, the county election officer shall remove from the reg-
23 istration books and the party affiliation lists in such officer's office the
24 name of any person shown by such list or death certificate to be deceased.
25 The county election officer shall not use or permit the use of such lists
26 of deceased residents or copies for any other purpose than provided in
27 this section.
28 (g) When the chief state election official receives written notice of a
29 felony conviction in a United States district court, such official shall notify
30 within five days the county election officer of the jurisdiction in which
31 the offender resides. Upon notification of a felony conviction from the
32 chief state election official, or from a county or district attorney or a
33 Kansas district court, the county election officer shall remove the name
34 of the offender from the registration records.
35 (h) Except as otherwise provided in this section, no person whose
36 name has been removed from the registration books shall be entitled to
37 vote until such person has registered again.
38 Sec. 7. K.S.A. 25-3301 is hereby amended to read as follows: 25-
39 3301. (a) Each registered voter of this state who has declared a party
40 affiliation as provided in this section or in K.S.A. 25-3304, and amend-
41 ments thereto, shall be entitled to vote at every partisan primary election.
42 (b) The county election officer shall prepare for each voting place at
43 each partisan primary election a party affiliation list, duly certified by such
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1 officer, which clearly indicates the party affiliation of each registered voter
2 in the voting area who has declared a party affiliation. The registration
3 book prepared for a voting place pursuant to K.S.A. 25-2318, and amend-
4 ments thereto, may be used as such list, but no registration book prepared
5 for use at a voting place in an election other than a partisan primary
6 election or an election held at the same time as a partisan primary election
7 shall indicate in any manner the party affiliation of any voter. Such list
8 shall be delivered by the supervising judge to the voting place before the
9 opening of the polls.
10 (c) The party affiliation list provided for by subsection (b) shall be
11 used to determine the party affiliation of a voter offering to vote at a
12 partisan primary election and to a voter applying for an advance voting
13 ballot pursuant to K.S.A. 25-1122, and amendment thereto. If a voter's
14 party affiliation is not indicated on the party affiliation list, such voter
15 shall state his or her the voter's party affiliation in writing on a form
16 prescribed by the secretary of state. One of the judges then A judge at
17 the precinct polling place, or the county election officer or such officer's
18 designee, shall give such voter a primary ballot of the voter's party affili-
19 ation, and such person thereupon shall be entitled to vote. Such a state-
20 ment of party affiliation shall constitute a declaration of party affiliation,
21 and all such signed statements shall be returned to the county election
22 officer, who shall cause them to be recorded on the party affiliation list.
23 (d) No voter shall be allowed to receive the ballot of any political
24 party except that with which such voter is affiliated.
25 (e) Party affiliation statements shall be preserved for five (5) years.
26 The county election officer may then dispose of the statements in the
27 manner approved for destruction of ballots as provided in K.S.A. 25-2708,
28 and amendments thereto.
29 (f) The county election officer shall update party affiliation lists as
30 provided by rules and regulations of the secretary of state.
31 Sec. 8. K.S.A. 25-3301 and K.S.A. 1996 Supp. 25-1120, 25-1122, 25-
32 1123, 25-1124, 25-1128 and 25-2316c are hereby repealed.
33 Sec. 4 [6]. K.S.A. 1996 Supp. 25-2908 is hereby amended to
34 read as follows: 25-2908. (a) Each polling place shall use either: (1)
35 A registration book and a poll book, as defined in K.S.A. 25-2507(a)
36 and K.S.A. 25-2507(b)(1), and amendments thereto; or (2) a regis-
37 tration book, as defined in K.S.A. 25-2507(b)(2), and amendments
38 thereto. The county election officer shall determine which books
39 are used in each county, and which book voters shall sign.
40 (b) Persons desiring to vote shall give their names, and if re-
41 quired their residence, to the judges of election, one of whom shall
42 announce the name in a loud and distinct tone of voice, and if the
43 name is in the registration books, the member of the election board
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1 having the registration record shall repeat the name. For the pur-
2 pose of identifying voters at the polling place, the voter shall add
3 the voter's signature, as listed in the registration book, to the reg-
4 istration book beside the voter's printed name or to the poll book
5 and the voter shall be allowed to vote. An election board member
6 shall provide the required signature at the request of and on behalf
7 of any voter who is unable to personally affix a handwritten sig-
8 nature by reason of physical disability, visual handicap or lack of
9 proficiency in reading the English language or any voter 65 or more
10 years of age. The judges shall give the voter one and only one of
11 each ballot to be cast at the election, on the upper right-hand corner
12 of each of which shall be written the number corresponding to the
13 voter's number in the registration book or poll books, and the vot-
14 er's name shall be marked in the registration books and the party
15 affiliation list. If the voter refuses to sign the registration book or
16 poll book, the election board judge shall challenge such person's
17 vote pursuant to K.S.A. 25-414, and amendments thereto.
18 If the name of any person desiring to vote at an election is not in
19 the registration books, an election board member shall print the
20 name and address of the person appearing to vote in the registration
21 book or poll book. The person appearing to vote shall add such
22 person's signature to the registration book or poll book beside such
23 person's printed name, as listed in the registration book or poll
24 book, and the election board judge shall challenge such person's
25 vote pursuant to K.S.A. 25-414, and amendments thereto. During
26 the pendency of a challenge other voters shall be given ballots and
27 be permitted to vote.
28 (c) A voter who has received an advance voting ballot may vote a
29 regular ballot on election day at the precinct polling place where the voter
30 resides if the voter first returns the advance voting ballot to a judge or
31 clerk at the precinct polling place. The judge or clerk shall void such
32 advance voting ballot.
33 [Sec. 7. K.S.A. 25-3301 is hereby amended to read as follows:
34 25-3301. (a) Each registered voter of this state who has declared a
35 party affiliation as provided in this section or in K.S.A. 25-3304,
36 and amendments thereto, shall be entitled to vote at every partisan
37 primary election.
38 [(b) The county election officer shall prepare for each voting
39 place at each partisan primary election a party affiliation list, duly
40 certified by such officer, which clearly indicates the party affilia-
41 tion of each registered voter in the voting area who has declared a
42 party affiliation. The registration book prepared for a voting place
43 pursuant to K.S.A. 25-2318, and amendments thereto, may be used
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1 as such list, but no registration book prepared for use at a voting
2 place in an election other than a partisan primary election or an
3 election held at the same time as a partisan primary election shall
4 indicate in any manner the party affiliation of any voter. Such list
5 shall be delivered by the supervising judge to the voting place be-
6 fore the opening of the polls.
7 [(c) The party affiliation list provided for by subsection (b)
8 shall be used to determine the party affiliation of a voter offering
9 to vote at a partisan primary election and of a voter applying for an
10 advance voting ballot pursuant to K.S.A. 25-1122, and amendments
11 thereto. If a voter's party affiliation is not indicated on the party
12 affiliation list, such voter shall state his or her the voter's party af-
13 filiation in writing on a form prescribed by the secretary of state.
14 One of the judges then A judge at the precinct polling place, or the county
15 election officer or such officer's designee, shall give such voter a pri-
16 mary ballot of the voter's party affiliation, and such person there-
17 upon shall be entitled to vote. Such a statement of party affiliation
18 shall constitute a declaration of party affiliation, and all such signed
19 statements shall be returned to the county election officer, who shall
20 cause them to be recorded on the party affiliation list.
21 [(d) No voter shall be allowed to receive the ballot of any po-
22 litical party except that with which such voter is affiliated.
23 [(e) Party affiliation statements shall be preserved for five (5)
24 years. The county election officer may then dispose of the statements
25 in the manner approved for destruction of ballots as provided in
26 K.S.A. 25-2708, and amendments thereto.
27 [(f) The county election officer shall update party affiliation
28 lists as provided by rules and regulations of the secretary of state.]
29 Sec. 5 [8]. [K.S.A. 25-3301 and] K.S.A. 1996 Supp. 25-1122, 25-
30 1124, [25-1123, 25-1124, 25-1128,] 25-2316c and 25-2908 are
31 hereby repealed.
32 Sec. 8. K.S.A. 22a-102 is hereby amended to read as follows:
33 22a-102. No person shall be eligible for nomination to the office
34 of district attorney unless such person shall have been regularly
35 admitted to practice law in the state of Kansas for five (5) years
36 next preceding his nomination for such office: Provided, That. An
37 attorney who shall have been a county attorney, assistant county
38 attorney or assistant district attorney for the three (3) years im-
39 mediately preceding his nomination as district attorney shall be
40 eligible for nomination. A person so qualified may become a can-
41 didate for election to the office of district attorney by either one
42 of the following methods:
43 (a) Any person who is a qualified elector of any judicial district
SB 145--Am. by HCW
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1 in which a district attorney is to be elected and who is otherwise
2 qualified under this act may petition to be a candidate for district
3 attorney of such judicial district by filing in the office of the sec-
4 retary of state a petition for his candidacy, signed by not less than
5 five percent (5%) 5% of the qualified electors of such judicial district
6 who voted for the office of secretary of state at the last preceding
7 general election; or
8 (b) Any person who is a qualified elector of any judicial district
9 in which a district attorney is to be elected and who is otherwise
10 qualified under this act may become a candidate for district attor-
11 ney of such judicial district by filing in the office of the secretary
12 of state a declaration of intent to be such a candidate and payment
13 therewith of a filing fee in an amount equal to one percent (1%) 1%
14 of the annual salary for such office.
15 (c) Any such petition or declaration of intent must be filed at the
16 time and in the manner and form provided in K.S.A. 25-205, to the extent
17 the provisions thereof are not in conflict with this act, and filed by a
18 candidate to run in the primary election held in accordance with K.S.A.
19 25-203, and amendments thereto, shall be filed no later than 12:00 noon,
20 June 10, prior to such primary election, or if such date falls on Saturday,
21 Sunday or a holiday, then before 12:00 noon of the next following day
22 that is not a Saturday, Sunday or a holiday. Any such petition or decla-
23 ration of intent filed by an independent candidate for the office of district
24 attorney shall be filed no later than 12:00 noon on the Monday preceding
25 the date fixed for the holding of primary elections in accordance with
26 K.S.A. 25-203, and amendments thereto. All laws applicable to the
27 election of other state officers shall apply to elections of district
28 attorneys to the extent the same are not in conflict with this act.
29 Sec. 9. K.S.A. 1996 Supp. 25-105 is hereby amended to read
30 as follows: 25-105. Except as otherwise provided by law, the county
31 election officer shall cause notice of the time of the holding of any
32 general election to be published once at least 15 days before such
33 election, except in the case of special elections, when 10 days' no-
34 tice shall be given. Such notice shall be published in a paper or
35 papers having circulation in such county. Such notice shall state
36 the date and times of such election, the name of each person nom-
37 inated for any public office to be voted upon and any propositions
38 to be voted upon. If such election is not held in conjunction with
39 another election for which notice of voting areas and polling places
40 has been published, the notice required by this section shall also
41 include such information. When the names to appear on general
42 election ballots are definitely known and no later than 25 days
43 prior to any general election, the county election officer shall mail
SB 145--Am. by HCW
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1 a copy of such notice to each person nominated for any public
2 office, except candidates for president and vice president of the United
3 States, and to judicial retention candidates.
4 Sec. 10. K.S.A. 1996 Supp. 25-306b is hereby amended to read
5 as follows: 25-306b. (a) Any No person who has been nominated by
6 any means whatsoever for any national, state, county or township
7 office may cause such person's name to be withdrawn from nom-
8 ination by a request in writing, signed by the person and acknowledged
9 before an officer qualified to take acknowledgments of deeds. Any such
10 request shall be filed with the secretary of state in the case of national
11 and state offices and with the county election officer in the case of county
12 and township offices. Except as provided in subsection (b) of this section,
13 in the case of national and state offices, any such request shall be filed
14 within seven days, including Saturdays, Sundays and holidays, after the
15 meeting of the state board of canvassers for the final canvass of primary
16 election provided for in K.S.A. 25-3205 and amendments thereto. Except
17 as provided in subsection (b) of this section, in the case of county and
18 township offices, any such request shall be filed within 10 days after the
19 meeting of the county board of canvassers to canvass the primary election
20 as provided in K.S.A. 25-3104 and amendments thereto. No name with-
21 drawn as provided in this section shall be printed on the ballots for such
22 office for the general election.
23 (b) Whenever there has been a vacancy which occurred from a with-
24 drawal under this section, and such vacancy was filled according to law,
25 the person filling the vacancy may cause such person's name to be with-
26 drawn from nomination in the manner provided in subsection (a) of this
27 section at any time prior to the 40th day before the general election after
28 the day of the primary election.
29 [Sec. 10. K.S.A. 25-306b is hereby amended to read as follows:
30 25-306b. (a) Except as provided by this section, no person who has been
31 nominated by any means for any national, state, county or township office
32 may cause such person's name to be withdrawn from nomination after
33 the day of the primary election.
34 [(b) Any person who has been nominated by any means what-
35 soever for any national, state, county or township office who declares
36 that they are incapable of fulfilling the duties of office if elected may cause
37 such person's name to be withdrawn from nomination by a request
38 in writing, signed by the person and acknowledged before an of-
39 ficer qualified to take acknowledgments of deeds. Any such re-
40 quest shall be filed with the secretary of state in the case of national
41 and state offices and with the county election officer in the case of
42 county and township offices. Except as provided in subsection (b)
43 of this section (d), in the case of national and state offices, any such
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1 request shall be filed within seven days, including Saturdays, Sun-
2 days and holidays, after the meeting of the state board of canvass-
3 ers for the final canvass of primary election provided for in K.S.A.
4 25-3205, and amendments thereto. Except as provided in subsec-
5 tion (b) of this section (d), in the case of county and township offices,
6 any such request shall be filed within 10 days after the meeting of
7 the county board of canvassers to canvass the primary election as
8 provided in K.S.A. 25-3104, and amendments thereto. No name
9 withdrawn as provided in this section shall be printed on the bal-
10 lots for such office for the general election.
11 [(c) In the case of the death of a person who has been nominated for
12 any national, state, county or township office, the county chairperson of
13 the political party of which such nominee was a member may cause such
14 nominee's name to be withdrawn from nomination by a request in writing,
15 signed by the chairperson and acknowledged before an officer qualified
16 to take acknowledgements of deeds. Any such request shall be filed with
17 the secretary of state in the case of national and state offices and with the
18 county election officer in the case of county and township offices. Except
19 as provided in subsection (d), in the case of national and state offices, any
20 such request shall be filed within seven days, including Saturdays, Sun-
21 days and holidays, after the meeting of the state board of canvassers for
22 the final canvass of primary election provided for in K.S.A. 25-3205, and
23 amendments thereto. Except as provided in subsection (d), in the case of
24 county and township offices, any such request shall be filed within 10
25 days after the meeting of the county board of canvassers to canvass the
26 primary election as provided in K.S.A. 25-3104, and amendments thereto.
27 No name withdrawn as provided in this section shall be printed on the
28 ballots for such office for the general election.
29 [(b) (d) Whenever there has been a vacancy which occurred
30 from a withdrawal under this section, and such vacancy was filled
31 according to law, the person filling the vacancy may cause such
32 person's name to be withdrawn from nomination in the manner
33 provided in subsection (a) (b) or (c) of this section at any time prior
34 to the 40th day before the general election.]
35 Sec. 11. K.S.A. 25-308 is hereby amended to read as follows:
36 25-308. (a) Any certificate of nomination, nomination petitions or
37 declaration of intention to become a candidate, filed or issued in
38 apparent conformity with law, shall be deemed to be valid unless:
39 (1) Objection thereto is made in writing within three days from
40 the date the certificate, petitions or declaration is filed with or
41 issued by the proper officers; or
42 (2) in the case of certificates of nomination, nomination petitions
43 and declarations of intention to become a candidate, the secretary
SB 145--Am. by HCW
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1 of state or the county election officer finds them to be invalid pur-
2 suant to K.S.A. 25-208a, and amendments thereto.
3 (b) If the secretary of state or the county election officer finds
4 any certificates of nomination, nomination petitions or declaration of
5 intention to become a candidate to be invalid pursuant to K.S.A.
6 25-208a, and amendments thereto, the candidate on whose behalf
7 the certificates, petitions or declaration was filed may make objec-
8 tion to such finding in writing within three days of receipt by the
9 candidate of notice of such finding.
10 (c) In the case of nominations of national and state officers,
11 objections shall be filed with the secretary of state and shall be
12 considered by the lieutenant governor, secretary of state, and at-
13 torney general, and a decision of a majority of these officers shall
14 be final. In the case of nominations for county, township, city and
15 school officers, objections shall be filed with the county election
16 officer and shall be considered by the county election officer, clerk
17 of the district court and county attorney or district attorney, and
18 a decision of a majority of these officers shall be final.
19 (d) In any case where objection is made, notice shall forthwith
20 be given, by the officer with whom the objections are filed, to the
21 other officers required to determine the matter and to the candi-
22 dates affected thereby, addressed in the case of candidates to their
23 places of residence as given in the nomination petitions, declara-
24 tion of intention to become a candidate or certificate of nomina-
25 tion. The notice shall state the time when the objection will be
26 considered, which shall be not more than five days following the
27 giving of such notice in the case of nomination of a national or
28 state officer and not more than three days following the giving of
29 such notice in the case of nomination of a county, township, city
30 or school officer, and the place where such objections will be con-
31 sidered.
32 (e) The causes for objection under this section as to any office
33 may be any of those causes listed in K.S.A. 25-1436, and amend-
34 ments thereto. The officers determining any objections under this
35 section may assess any costs arising therefrom to either the objec-
36 tor or objectee in accordance with the determination made. Such
37 costs shall be paid to the secretary of state or the county election
38 officer, as the case may be, and deposited thereby in the treasury
39 of the state or county to the credit of its general fund. If such costs
40 are not paid within 10 days after the same are fixed, the secretary
41 of state or county election officer shall make a certificate of the
42 facts and file it with the clerk of the district court in the county
43 where the person owing the same resides, and such clerk of the
SB 145--Am. by HCW
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1 district court shall cause the same to be collected as in cases of
2 collection of court costs, and when so collected the same shall be
3 disposed of as are court costs in such district court.
4 (f) All mandamus proceedings to compel an officer to certify
5 and place upon the ballot any name or names, and all injunction
6 proceedings to restrain an officer from certifying and placing upon
7 the ballot any name or names, must be commenced not less than
8 30 45 days before the election.
9 Sec. 12. K.S.A. 25-1903 is hereby amended to read as follows:
10 25-1903. (a) A person may become a candidate for election to the
11 office of state board member by either one of the methods pro-
12 vided in this section. (1) Any person who is an elector of any board
13 member district may petition to be a candidate for member of the
14 state board from the board member district in which such person
15 resides. Any such person shall file with the secretary of state a
16 petition for the candidacy of such person signed by not less than
17 two hundred (200) 200 electors residing in such board member dis-
18 trict. (2) Any person who is an elector of any board member district
19 may become a candidate for member of the state board from the
20 board member district in which such candidate resides by filing in
21 the office of the secretary of state a declaration of intent to be such
22 a candidate and payment therewith of a filing fee in the amount of
23 twenty-five dollars ($25) $25.
24 (b) Any such petition or declaration of intent must be filed in the
25 form, and at the time and in the manner provided in K.S.A. 25-205, as
26 amended, to the extent the provisions thereof are not in conflict with this
27 act filed by a candidate to run in the primary election held in accordance
28 with K.S.A. 25-203, and amendments thereto, shall be filed no later than
29 12:00 noon, June 10, prior to such primary election, or if such date falls
30 on Saturday, Sunday or a holiday, then before 12:00 noon of the next
31 following day that is not a Saturday, Sunday or a holiday. Any such
32 petition or declaration of intent filed by an independent candidate for the
33 office of state board member shall be filed no later than 12:00 noon on
34 the Monday preceding the date fixed for the holding of primary elections
35 in accordance with K.S.A. 25-203, and amendments thereto.
36 Sec. 13. K.S.A. 1996 Supp. 25-2309 is hereby amended to read
37 as follows: 25-2309. (a) Any person may apply in person, by mail,
38 through a voter registration agency, or by other delivery to a
39 county election officer to be registered. Such application shall be
40 made on: (1) A form approved by the secretary of state, which shall
41 be provided by a county election officer or chief state election
42 official upon request in person, by telephone or in writing; or (2)
43 the mail voter registration application prescribed by the federal
SB 145--Am. by HCW
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1 election commission. Such application shall be signed by the ap-
2 plicant under penalty of perjury and shall contain the original sig-
3 nature of the applicant or the computerized, electronic or digi-
4 [chtized transmitted signature of the applicant.
5 (b) Applications made under this section shall give voter eli-
6 gibility requirements and such information as is necessary to iden-
7 tify the applicant and to determine the qualifications of the appli-
8 cant as an elector and the facts authorizing such person to be
9 registered, including, but not limited to, the following data:
10 (1) Name;
11 (2) place of residence, including specific address or location,
12 and mailing address if the residence address is not a permissible
13 postal address;
14 (3) date of birth;
15 (4) sex;
16 (5) telephone number, if available;
17 (6) naturalization data (if applicable);
18 (7) if applicant has previously registered or voted elsewhere,
19 residence at time of last registration or voting;
20 (8) when present residence established;
21 (9) name under which applicant last registered or voted, if dif-
22 ferent from present name;
23 (10) an attestation that the applicant meets each eligibility re-
24 quirement;
25 (11) a statement that the penalty for submission of a false voter
26 registration application is a maximum presumptive sentence of 17
27 months in prison;
28 (12) a statement that, if an applicant declines to register to
29 vote, the fact that the applicant has declined to register will remain
30 confidential and will be used only for voter registration purposes;
31 (13) a statement that if an applicant does register to vote, the
32 office to which a voter registration application is submitted will
33 remain confidential and will be used only for voter registration
34 purposes; and
35 (14) political party affiliation declaration, if any. An applicant's
36 failure to make a declaration will result in the applicant being reg-
37 istered as an unaffiliated voter.
38 If the application discloses any previous registration in any other
39 county or state, as indicated by item (7) or item (9) paragraph (7) or
40 (9), or otherwise, the county election officer shall upon the regis-
41 tration of the applicant, give notice to the election official of the
42 place of former registration, notifying such official of applicant's
43 present residence and registration, and authorizing cancellation
SB 145--Am. by HCW
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1 of such former registration.
2 (c) Any person who applies for registration through a voter
3 registration agency shall be provided with, in addition to the ap-
4 plication under subsection (b), a form which includes:
5 (1) The question ``If you are not registered to vote where you
6 live now, would you like to apply to register to vote here today?'';
7 (2) a statement that if the applicant declines to register to vote,
8 this decision will remain confidential and be used only for voter
9 registration purposes;
10 (3) a statement that if the applicant does register to vote, in-
11 formation regarding the office to which the application was sub-
12 mitted will remain confidential and be used only for voter regis-
13 tration purposes; and
14 (4) if the agency provides public assistance, (i) the statement
15 ``Applying to register or declining to register to vote will not affect
16 the amount of assistance that you will be provided by this agency.'';
17 (ii) boxes for the applicant to check to indicate whether the
18 applicant would like to register or declines to register to vote, to-
19 gether with the statement ``IF YOU DO NOT CHECK EITHER
20 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
21 TO REGISTER TO VOTE AT THIS TIME.'';
22 (iii) the statement ``If you would like help in filling out the
23 voter registration application form, we will help you. The decision
24 whether to seek or accept help is yours. You may fill out the ap-
25 plication form in private.''; and
26 (iv) the statement ``If you believe that someone has interfered
27 with your right to register or to decline to register to vote, your
28 right to privacy in deciding whether to register or in applying to
29 register to vote, or your right to choose your own political party
30 or other political preference, you may file a complaint with the
31 Kansas Secretary of State, 300 SW 10th St., Topeka, KS 66612-
32 1594.''
33 (d) If any person, in writing, declines to register to vote, the
34 voter registration agency shall maintain the form prescribed by
35 subsection (c).
36 (e) A voter registration agency shall transmit the completed
37 registration application to the county election officer not later than
38 five days after the date of acceptance. Upon receipt of an appli-
39 cation for registration, the county election officer shall send, by
40 nonforwardable first-class mail, a notice of disposition of the ap-
41 plication to the applicant at the postal delivery address shown on
42 the application. If a notice of disposition is returned as undeliv-
43 erable, a confirmation mailing prescribed by K.S.A. 25-2316c, and
SB 145--Am. by HCW
21
1 amendments thereto, shall occur.
2 (f) If an application is received while registration is closed,
3 such application shall be considered to have been received on the
4 next following day during which registration is open.
5 (g) A person who completes an application for voter registration shall
6 be considered a registered voter when the county election officer adds the
7 applicant's name to the county voter registration list.
8 (g) (h) Any registered voter whose residence address is not a
9 permissible postal delivery address shall designate a postal address
10 for registration records. When a county election officer has reason
11 to believe that a voter's registration residence is not a permissible
12 postal delivery address, the county election officer shall attempt
13 to determine a proper mailing address for the voter.
14 Sec. 14. K.S.A. 1996 Supp. 25-2311 is hereby amended to read
15 as follows: 25-2311. (a) County election officers shall provide for
16 the registration of voters at one or more places on all days except
17 the following:
18 (1) Days when the main offices of the county government are
19 closed for business, except as is otherwise provided by any county
20 election officer under the provisions of K.S.A. 25-2312 and amend-
21 ments thereto;
22 (2) days when the main offices of the city government are
23 closed for business, in the case of deputy county election officers
24 who are city clerks except as is otherwise provided by any county
25 election officer under the provisions of K.S.A. 25-2312 and amend-
26 ments thereto;
27 (3) the 14 days preceding the day of primary and general state
28 elections;
29 (4) the 14 days preceding the day of primary city and school
30 elections, if either has a primary;
31 (5) the 14 days preceding each first Tuesday in April of odd-
32 numbered years, being the day of city and school general elections;
33 (6) the 14 days preceding the day of any election other than
34 one specified in paragraphs (3), (4) and (5) of this subsection; and
35 (7) the day of any primary or general election or any question
36 submitted election.
37 (b) For the purposes of this section in counting days that reg-
38 istration books are to be closed, all of the days including Sunday
39 and legal holidays shall be counted.
40 (c) The secretary of state shall notify every county election of-
41 ficer of the dates when registration shall be closed preceding pri-
42 mary and general state, city and school elections. The days so spec-
43 ified by the secretary of state shall be conclusive. Such notice shall
SB 145--Am. by HCW
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1 be given by the secretary of state by mail at least 60 days preceding
2 every primary and general state, city and school election.
3 (d) The last days before closing of registration books as di-
4 rected by the secretary of state under subsection (c) of this section,
5 county election officers shall provide for registration of voters dur-
6 ing regular business hours, during the noon hours and at other
7 than regular business hours upon such days as the county election
8 officers deem necessary. The last three business days before clos-
9 ing of registration books prior to state primary and general elec-
10 tions, county election officers shall may provide for registration of
11 voters until 9:00 p.m. in cities of the first and second class.
12 (e) County election officers shall accept and process applica-
13 tions received by voter registration agencies and the division of
14 motor vehicles not later than the 15th day preceding the date of
15 any election; mailed voter registration applications that are post-
16 marked not later than the 15th day preceding the date of any elec-
17 tion; or, if the postmark is illegible or missing, is received in the
18 mail not later than the ninth day preceding the day of any election.
19 (f) The secretary of state may adopt rules and regulations in-
20 terpreting the provisions of this section and specifying the days
21 when registration shall be open, days when registration shall be
22 closed, and days when it is optional with the county election officer
23 for registration to be open or closed.
24 (g) Before each primary and general election held in even-
25 numbered years, and at times and in a form prescribed by the
26 secretary of state, each county election officer shall certify to the
27 secretary of state the number of registered voters in each precinct
28 of the county as shown by the registration books in the office of
29 such county election officer.
30 [Sec. 15. K.S.A. 1996 Supp. 19-3a02 is hereby amended to
31 read as follows: 19-3a02. (a) The board of county commissioners
32 of any county may adopt a resolution establishing the office of
33 county administrator.
34 [(b) The board of county commissioners of any county may adopt a
35 resolution submitting to the voters of the county whether the county
36 should adopt a resolution establishing the office of county administrator.
37 Such resolution to establish the office of county administrator shall not
38 be effective until the question has been submitted to and approved by a
39 majority of the voters of the county voting at an election thereon. Such
40 election shall be called and held in the manner provided by the general
41 bond law.
42 [(b) (c) Upon presentation of a petition requesting the estab-
43 lishment of the office of county administrator signed by at least
SB 145--Am. by HCW
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1 5% of the qualified electors of the county, the board of county
2 commissioners shall adopt a resolution establishing such office.
3 Such resolution shall not be effective until the question has been
4 submitted to and approved by a majority of the voters of the county
5 voting at an election thereon. Such election shall be called and
6 held in the manner provided by the general bond law.]
7 Sec. 15 [16]. K.S.A. 22a-102, 25-308, 25-1903 and 25-3301 and
8 K.S.A. 1996 Supp. [19-3a02,] 25-105, 25-306b, 25-1122, 25-1123,
9 25-1124, 25-1128, 25-2309, 25-2311, 25-2316c and 25-2908 are
10 hereby repealed.
11 Sec. 9 6 [9] 16 [17]. This act shall take effect and be in force from
12 and after its publication in the statute book.