Session of 1999
         
HOUSE BILL No. 2231
         
By Committee on Governmental Organization and Elections
          
2-3
          
  9             AN  ACT concerning elections; relating to the registration of voters;
10             amending K.S.A. 1998 Supp. 25-2309 and 25-2354 and repealing the
11             existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 25-2309 is hereby amended to read as
15       follows: 25-2309. (a) Any person may apply in person, by mail, through a
16       voter registration agency, or by other delivery to a county election officer
17       to be registered. Such application shall be made on: (1) A form approved
18       by the secretary of state, which shall be provided by a county election
19       officer or chief state election official upon request in person, by telephone
20       or in writing; or (2) the mail voter registration application prescribed by
21       the federal election commission. Such application shall be signed by the
22       applicant under penalty of perjury and shall contain the original signature
23       of the applicant or the computerized, electronic or digitized transmitted
24       signature of the applicant.
25             (b) Applications made under this section shall give voter eligibility
26       requirements and such information as is necessary to identify the appli-
27       cant and to determine the qualifications of the applicant as an elector and
28       the facts authorizing such person to be registered, including, but not
29       limited to, the following data:
30             (1) Name;
31             (2) place of residence, including specific address or location, and
32       mailing address if the residence address is not a permissible postal
33       address;
34             (3) date of birth;
35             (4) sex;
36             (5) the last four digits of the person's social security number;
37             (5) (6) telephone number, if available;
38             (6) (7) naturalization data (if applicable);
39             (7) (8) if applicant has previously registered or voted elsewhere, res-
40       idence at time of last registration or voting;
41             (8) (9) when present residence established;
42             (9) (10) name under which applicant last registered or voted, if dif-
43       ferent from present name;

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  1             (10) (11) an attestation that the applicant meets each eligibility
  2       requirement;
  3             (11) (12) a statement that the penalty for submission of a false voter
  4       registration application is a maximum presumptive sentence of 17 months
  5       in prison;
  6             (12) (13) a statement that, if an applicant declines to register to vote,
  7       the fact that the applicant has declined to register will remain confidential
  8       and will be used only for voter registration purposes;
  9             (13) (14) a statement that if an applicant does register to vote, the
10       office to which a voter registration application is submitted will remain
11       confidential and will be used only for voter registration purposes; and
12             (14) (15) political party affiliation declaration, if any. An applicant's
13       failure to make a declaration will result in the applicant being registered
14       as an unaffiliated voter.
15             If the application discloses any previous registration in any other county
16       or state, as indicated by paragraph (7) or (9) (8) or (9), or otherwise, the
17       county election officer shall upon the registration of the applicant, give
18       notice to the election official of the place of former registration, notifying
19       such official of applicant's present residence and registration, and au-
20       thorizing cancellation of such former registration.
21             (c) Any person who applies for registration through a voter registra-
22       tion agency shall be provided with, in addition to the application under
23       subsection (b), a form which includes:
24             (1) The question "If you are not registered to vote where you live
25       now, would you like to apply to register to vote here today?";
26             (2) a statement that if the applicant declines to register to vote, this
27       decision will remain confidential and be used only for voter registration
28       purposes;
29             (3) a statement that if the applicant does register to vote, information
30       regarding the office to which the application was submitted will remain
31       confidential and be used only for voter registration purposes; and
32             (4) if the agency provides public assistance, (i) the statement "Apply-
33       ing to register or declining to register to vote will not affect the amount
34       of assistance that you will be provided by this agency.";
35             (ii) boxes for the applicant to check to indicate whether the applicant
36       would like to register or declines to register to vote, together with the
37       statement "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE
38       CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO
39       VOTE AT THIS TIME.";
40             (iii) the statement "If you would like help in filling out the voter
41       registration application form, we will help you. The decision whether to
42       seek or accept help is yours. You may fill out the application form in
43       private."; and

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  1             (iv) the statement "If you believe that someone has interfered with
  2       your right to register or to decline to register to vote, your right to privacy
  3       in deciding whether to register or in applying to register to vote, or your
  4       right to choose your own political party or other political preference, you
  5       may file a complaint with the Kansas Secretary of State, 300 SW 10th St.,
  6       Topeka, KS 66612-1594."
  7             (d) If any person, in writing, declines to register to vote, the voter
  8       registration agency shall maintain the form prescribed by subsection (c).
  9             (e) A voter registration agency shall transmit the completed registra-
10       tion application to the county election officer not later than five days after
11       the date of acceptance. Upon receipt of an application for registration,
12       the county election officer shall send, by nonforwardable first-class mail,
13       a notice of disposition of the application to the applicant at the postal
14       delivery address shown on the application. If a notice of disposition is
15       returned as undeliverable, a confirmation mailing prescribed by K.S.A.
16       25-2316c, and amendments thereto, shall occur.
17             (f) If an application is received while registration is closed, such ap-
18       plication shall be considered to have been received on the next following
19       day during which registration is open.
20             (g) A person who completes an application for voter registration shall
21       be considered a registered voter when the county election officer adds
22       the applicant's name to the county voter registration list.
23             (h) Any registered voter whose residence address is not a permissible
24       postal delivery address shall designate a postal address for registration
25       records. When a county election officer has reason to believe that a voter's
26       registration residence is not a permissible postal delivery address, the
27       county election officer shall attempt to determine a proper mailing ad-
28       dress for the voter.
29             Sec.  2. K.S.A. 1998 Supp. 25-2354 is hereby amended to read as
30       follows: 25-2354. (a) Once each calendar year a check of the registration
31       records of voters in the state of Kansas shall be commenced by the chief
32       state election official or the county election officer by comparing such
33       records to the National Change of Address files. A county election officer
34       may complete one or more checks each calendar year. If the chief state
35       election official performs the check, any discrepancies discovered in the
36       check shall be reported to the appropriate county election officer, who
37       shall initiate the confirmation process prescribed by K.S.A. 25-2316c, and
38       amendments thereto, within 45 days. As an alternative to participation
39       in the national change of address program, the county election officer may
40       conduct mass or targeted mailings to registered voters to obtain infor-
41       mation upon which to base the confirmation mailings.
42             (b) The chief state election official may adopt rules and regulations
43       to carry out the provisions of this section. 

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  1       Sec.  3. K.S.A. 1998 Supp. 25-2309 and 25-2354 are hereby repealed.
  2        Sec.  4. This act shall take effect and be in force from and after its
  3       publication in the statute book.