An Act concerning elections; amending K.S.A. 21-4615, 25-414, 25-1133, 25-1337, 25-2303, 25-2309, 25-2309c, 25-2312, 25-2315, 25-2316c, 25-2504, 25-3008, 25-3306 and K.S.A. 1995 Supp. 25-409, 25-1117, 25-1122, 25-1122a, 25-1122d, 25-1123, 25-1124, 25-1134, 25-1136, 25-2311, 25-2352, 25-2709 and 25-2909 and repealing the existing sections; also repealing K.S.A. 25-410 and 25-2316d.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 25-409 is hereby amended to read as follows: 25-409. (a) If any person challenged pursuant to K.S.A. 25-414, and amendments thereto, shall refuse to subscribe the oath tendered application for registration pursuant to K.S.A. 25-410 25-2309, and amendments thereto, the judges shall reject such person's vote.

(b) If the a person is challenged pursuant to K.S.A. 25-414, and amendments thereto, subscribes the oath prescribed by K.S.A. 25-410, and amendments thereto, and the judges are satisfied that such person is a legal voter, the person shall be allowed to vote in the same manner as any other voter. If the judges are not satisfied that such person is a legal voter, such person shall be permitted to subscribe the application for registration and mark an advance voting a ballot, which. The ballot shall thereupon be sealed in an envelope, and. The judges shall endorse write on the envelope the word ``challenged'' ``provisional'' and a statement of the reason for the challenge, and that the ballot contained in the envelope is the same ballot which was challenged pursuant to K.S.A. 25-409 et seq. and amendments thereto. Such statement shall be attested by two of the judges. The judges shall attach the application for registration to the en- velope containing the provisional ballot. The envelope shall be numbered to correspond to the number of the challenged provisional voter's name in the registration or poll book, and the word ``challenged'' ``provisional'' shall be written following the voter's name in the poll book. Such chal- lenged provisional ballots, together with objected to and void ballots packaged in accordance with K.S.A. 25-3008, and amendments thereto, shall be opened and reviewed by the county board of canvassers, and such board shall determine the acceptance or rejection of the same.

Sec. 2. K.S.A. 25-414 is hereby amended to read as follows: 25-414. (a) It shall be the duty of each judge of election to challenge any person offering to vote, whom he the judge shall know or suspect not to be qualified as an elector.

(b) A person who: (1) Has moved from an address in the registration book to another address in the same county; or (2) has not moved, but the registration list indicates otherwise, is a qualified elector, but shall be challenged by an election judge and entitled to cast only a provisional ballot pursuant to K.S.A. 25-409, and amendments thereto.

(c) The application shall be delivered to the election judges and at- tached to the provisional ballot envelope. Such application and ballot en- velope containing the ballot shall be transmitted to the county election officer with election returns and supplies.

(d) Following the determination of acceptance or rejection of any pro- visional ballot by the county board of canvassers, the county election officer shall update the registration record, if appropriate, for voting in future elections, and send, by nonforwardable first-class mail, to the ad- dress specified on the application, notice of disposition of the application. The registrant's name shall not be removed from the official list of eligible voters by reason of such a change of address except as provided in K.S.A. 25-2316c, and amendments thereto.

New Sec. 3. A registrant who has moved to a new address in the same county shall be permitted to update the voter's registration record and vote a provisional ballot at the registrant's new polling place, or at a central location determined by the county election officer.

Sec. 4. K.S.A. 1995 Supp. 25-1136 is hereby amended to read as follows: 25-1136. (a) The vote of any advance voting voter may be chal- lenged in the same manner as other votes are challenged, as nearly as may be, and the judges of the special election board shall determine the validity of each advance voting ballot. Whenever the judges determine that the form accompanying an advance voting ballot is insufficient, or that the voter is not a registered voter, or the challenge is otherwise sustained, the advance voting ballot envelope shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word ``challenged'' ``provisional'' and state the reason for sustaining the chal- lenge.

(b) Any advance voting ballot envelope which has not been signed shall not be opened, and no vote on the ballot therein shall be counted. Such envelope or ballot shall be challenged in the same manner in which other votes are challenged.

(c) Whenever it shall be made to appear to the judges of a special election board by sufficient proof that an advance voting voter has died, the envelope containing the advance voting ballot of such deceased voter shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word ``challenged'' ``provisional'' and the reason for sustaining the challenge.

(d) If objection is made to an advance voting ballot because of form, condition, or marking thereof, the ballot shall be marked ``void'' if the judges uphold the objection to the entire ballot, and otherwise shall be marked on the back thereof, ``objected to'' with a statement of the sub- stance of the objection.

(e) Void, challenged provisional and objected to advance voting bal- lots shall be transmitted to the county election officer in the same manner as personally cast challenged provisional ballots are transmitted but shall be placed in separate envelopes or sacks, appropriately labeled and sealed. Votes contained in void and challenged provisional advance voting ballots shall not be included in the total of votes certified by the special election board. Void, challenged provisional and objected to advance voting ballots shall be reviewed by the board of county canvassers, and such board shall finally determine the acceptance or rejection of each void, challenged provisional or objected to ballot.

Sec. 5. K.S.A. 25-1337 is hereby amended to read as follows: 25- 1337. In counties where voting machines are used, voters offering to vote may be challenged pursuant to K.S.A. 25-414, and amendments thereto. The person challenged shall be allowed to vote a provisional ballot only if he or she such person subscribes the oath provided by K.S.A. 25-410 application for registration pursuant to K.S.A. 25-2309, and amendments thereto. Challenged Provisional votes in counties where voting machines are used shall be cast and the challenged provisional ballots shall be re- viewed and finally determined in the manner provided by K.S.A. 25-409, and amendments thereto.

Sec. 6. K.S.A. 25-2303 is hereby amended to read as follows: 25- 2303. (a) The officer responsible for administering the provisions of this act shall be the county election officer. ``County election officer'' means the election commissioner in counties having an election commissioner, and the county clerk in counties which do not have an election commis- sioner. Words and terms defined in chapter 406 of the laws of 1968 shall have the same meaning in this act as is ascribed thereto in such act, unless inconsistent with the provisions of this act.

(b) The county election officer shall appoint the city clerk of any city of the first or second class in such county to be a deputy county election officer for the purpose of registration under the provisions of this act if such city clerk has had the responsibility to register voters under the statutes of this state effective immediately prior to the effective date of this act. ``Voter registration agency'' means any office in the state, other than an office of the division of motor vehicles, that provides public as- sistance, that provides state-funded programs primarily engaged in pro- viding services to persons with disabilities, recruitment offices of the armed forces, and the office of the city clerk in any city of the first or second class. A voter registration agency shall provide voter registration services to persons who apply for the agency's services or assistance, and upon completion of each recertification, renewal or change of address form.

(c) Deputy county election officers shall maintain records and per- form duties under the provisions of this act only in the manner prescribed by the county election officer. County election officers may appoint such deputy county election officers as they deem deemed appropriate, includ- ing, but not limited to, the city clerk of any city, personnel in any public high school, any public library or public institution of higher education, in addition to those required to be appointed under the provisions of this section subsection (b).

Sec. 7. K.S.A. 25-2309 is hereby amended to read as follows: 25- 2309. (a) Any person may apply in person or, by mail, through a voter registration agency, or by other delivery to the a county election officer to be registered. Such application shall be made on: (1) A form approved by the secretary of state, which shall be provided by the a county election officer or chief state election official upon request in person, by telephone or in writing by an individual applicant; or (2) the mail voter registration application prescribed by the federal election commission. Such applica- tion shall be signed by the applicant under penalty of perjury and shall contain the original signature of the applicant or the computerized, elec- tronic or digitized transmitted signature of the applicant.

(b) Applications made under this section shall give voter eligibility requirements and such information as is necessary to identify the appli- cant and to determine the qualifications of the applicant as an elector and the facts authorizing such person to be registered, including, but not limited to, the following data concerning the applicant:

(1) Name;

(2) place of residence, including specific address or location, and mailing address if the residence address is not a permissible postal ad- dress;

(3) date of birth;

(4) sex;

(5) telephone number, if available;

(6) naturalization data (if applicable);

(7) if applicant has previously registered or voted elsewhere, resi- dence at time of last registration or voting;

(8) when present residence established; and

(9) name under which applicant last registered or voted, if different from present name.;

(10) an attestation that the applicant meets each eligibility require- ment;

(11) a statement that the penalty for submission of a false voter reg- istration application is a maximum presumptive sentence of 17 months in prison;

(12) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes;

(13) a statement that if an applicant does register to vote, the office to which a voter registration application is submitted will remain confi- dential and will be used only for voter registration purposes; and

(14) political party affiliation declaration, if any. An applicant's fail- ure to make a declaration will result in the applicant being registered as an unaffiliated voter.

If the application discloses any previous registration in any other county or state, as indicated by item (7) or item (9), or otherwise, the application shall include a statement that applicant has abandoned any such other name or former residence. If the application discloses former registration in any other county or state, the applicant shall sign a notice, to be fur- nished by the county election officer and to be mailed by such officer shall upon the registration of the applicant, which give notice shall be addressed to the election official of the place of former registration, no- tifying such official of applicant's present residence and registration, and authorizing cancellation of such former registration.

(c) Any person who applies for registration through a voter registra- tion agency shall be provided with, in addition to the application under subsection (b), a form which includes:

(1) The question ``If you are not registered to vote where you live now, would you like to apply to register to vote here today?'';

(2) a statement that if the applicant declines to register to vote, this decision will remain confidential and be used only for voter registration purposes;

(3) a statement that if the applicant does register to vote, information regarding the office to which the application was submitted will remain confidential and be used only for voter registration purposes; and

(4) if the agency provides public assistance, (i) the statement ``Apply- ing to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.'';

(ii) boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote, together with the statement ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.'';

(iii) the statement ``If you would like help in filling out the voter reg- istration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.''; and

(iv) the statement ``If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Kansas Secretary of State, 300 SW 10th St., Topeka, KS 66612-1594.''

(d) If any person, in writing, declines to register to vote, the voter registration agency shall maintain the form prescribed by subsection (c).

(c) (e) It shall be the duty of each individual applicant to return the application to the county election office A voter registration agency shall transmit the completed registration application to the county election of- ficer not later than five days after the date of acceptance. Upon receipt of a complete and correct an application for registration, the county elec- tion officer shall send, by nonforwardable first-class mail, a certificate of registration notice of disposition of the application to the applicant at the postal delivery address shown on the application. If a certificate of reg- istration notice of disposition is returned as undeliverable, a second mail- ing confirmation mailing prescribed by K.S.A. 25-2316c, and amendments thereto, shall be attempted occur. Registration shall not be considered completed until the certificate of registration is received by the applicant. If an application is rejected, the applicant shall be promptly notified of such rejection and the specific reason or reasons therefor. If an applica- tion is a duplicate of a registration already on file the applicant shall be so notified.

(f) If an application is received while registration is closed, such ap- plication shall be considered to have been received on the next following day during which registration is open.

(d) (g) Any registered voter whose residence address is not a per- missible postal delivery address may shall designate a postal address for registration records. When a county election officer has reason to believe that a voter's registration residence is not a permissible postal delivery address, the county election officer shall attempt to determine a proper mailing address for the voter.

Sec. 8. K.S.A. 25-2309c is hereby amended to read as follows: 25- 2309c. Unless otherwise specifically provided, whenever any notice or other official mailing is required to be mailed to a registered voter at the place of residence specified in the registration books, such notice shall be addressed to the current mailing address of that voter as it appears in the registration records and shall be sent by nonforwardable first-class mail. If such mailing is returned by the post office as undeliverable and the voter is still a resident of the state of Kansas, the county election officer shall send by forwardable first-class mail a notice that it is neces- sary to reregister to vote. The notice also shall include voter registration materials if the voter is still a resident of the county of the original reg- istration. The notice authorized by this section shall be on a form pre- scribed by the secretary of state.

Sec. 9. K.S.A. 1995 Supp. 25-2311 is hereby amended to read as follows: 25-2311. (a) County election officers shall provide for the regis- tration of voters at one or more places on all days except the following:

(1) Days when the main offices of the county government are closed for business, except as is otherwise provided by any county election officer under the provisions of K.S.A. 25-2312 and amendments thereto;

(2) days when the main offices of the city government are closed for business, in the case of deputy county election officers who are city clerks except as is otherwise provided by any county election officer under the provisions of K.S.A. 25-2312 and amendments thereto;

(3) the 14 days preceding the day of primary and general state elec- tions;

(4) the 14 days preceding the day of primary city and school elections, if either has a primary;

(5) the 14 days preceding each first Tuesday in April of odd-num- bered years, being the day of city and school general elections;

(6) the 14 days preceding the day of any election other than one specified in paragraphs (3), (4) and (5) of this subsection; and

(7) the day of any primary or general election or any question sub- mitted election.

(b) For the purposes of this section in counting days that registration books are to be closed, all of the days including Sunday and legal holidays shall be counted.

(c) The secretary of state shall notify every county election officer of the dates when registration shall be closed preceding primary and general state, city and school elections. The days so specified by the secretary of state shall be conclusive. Such notice shall be given by the secretary of state by mail at least 60 days preceding every primary and general state, city and school election.

(d) The last days before closing of registration books as directed by the secretary of state under subsection (c) of this section, county election officers shall provide for registration of voters during regular business hours, during the noon hours and at other than regular business hours upon such days as the county election officers deem necessary. The last three business days before closing of registration books prior to state primary and general elections, county election officers shall provide for registration of voters until 9:00 p.m. in cities of the first and second class.

(e) County election officers shall accept and process applications re- ceived by voter registration agencies and the division of motor vehicles not later than the 15th day preceding the date of any election; mailed voter registration applications that are postmarked not later than the 15th day preceding the date of any election; or, if the postmark is illegible or missing, is received in the mail not later than the ninth day preceding the day of any election.

(f) The secretary of state may adopt rules and regulations interpreting the provisions of this section and specifying the days when registration shall be open, days when registration shall be closed, and days when it is optional with the county election officer for registration to be open or closed.

(f) (g) Before each primary and general election held in even-num- bered years, and at times and in a form prescribed by the secretary of state, each county election officer shall certify to the secretary of state the number of registered voters in each precinct of the county as shown by the registration books in the office of such county election officer.

Sec. 10. K.S.A. 25-2312 is hereby amended to read as follows: 25- 2312. Places of registration which are in the main office building of the county government in the case of election commissioners and in the main offices of the city government in the case of city clerks shall be open during the same business hours as any such building is open generally for business. County election officers may provide that any place of registra- tion except a voter registration agency and division of motor vehicles offices shall be open for registration on Saturdays or for additional hours on any day or days that registration of voters may be provided.

Sec. 11. K.S.A. 25-2315 is hereby amended to read as follows: 25- 2315. The expenses of registration incurred under this act shall be paid by the county in all cases except expenses incurred by city clerks voter registration agencies and the division of motor vehicles, in which case such expenses shall be paid by such city or such agency. County and city governing bodies, the division of motor vehicles and voter registration agencies upon which this section imposes financial obligation shall make adequate provision to carry out the intent of this act by authorizing suf- ficient expenditure for both regular and temporary employees, record- keeping methods approved by the secretary of state and such other ex- penditures as may be appropriate.

Sec./007006/K.S.A. 25-2316c is hereby amended to read as follows: 25- 2316c. (a) When a registered voter changes name by marriage, divorce or legal proceeding, if such voter is otherwise qualified to vote at such voting place such voter shall be allowed to vote a provisional ballot at any election on the condition that such voter first gives an affidavit to the election judges stating the facts relevant to such change of name and authorizes the county election officer to change the voter's registration records to reflect such change completes the application for registration prescribed by K.S.A. 25-2309, and amendments thereto. Completion of the application shall authorize the county election officer to update the registration records, if appropriate, for voting in future elections. The county election officer shall send, by nonforwardable first-class mail, a new certificate of registration notice of disposition to any voter giving such affidavit completing such application.

(b) When a registered voter changes residence, such voter must rer- egister in order to be eligible to vote, except that when a registered voter changes residence from one place in a precinct to another place within the same precinct, if such voter is otherwise qualified to vote in the voting place within the precinct in which the current residence is located reg- istrant has moved from an address on the registration book to another address within the county and has not reregistered, such voter registrant shall be allowed to vote a provisional ballot at any election in such precinct on the condition that such voter registers at such time by completing a registration card, making an oath in the form prescribed by the secretary of state and providing proof of residence in accordance with rules and regulations adopted by the secretary of state therefor. Such registration card registrant first completes the application for registration prescribed by K.S.A. 25-2309, and amendments thereto. Completion of the applica- tion shall authorize the county election officer to change update the vot- er's registration records to reflect such change record, if appropriate, for voting in future elections. The county election officer shall send, by non- forwardable first-class mail, a new certificate of registration notice of dis- position to any such voter. Any person registering to vote at the polls as herein authorized shall be permitted to vote at such election. Whenever the county election officer receives from any other election officer a no- tice of registration of a voter in a different place than that shown in the records of the county election officer, such officer shall remove the name of such voter from the registration book and party affiliation list.

(c) Every application for registration completed under this section shall be returned to the county election officer with the registration books.

(c) (d) When a voter fails to vote at a general election at which mem- bers of the United States presidential electoral college are elected, such voter's name shall be subject to removal from the voter registration book and the party affiliation list in the manner provided in subsection (d). When a voter fails to vote at any other general election held on the Tues- day following the first Monday in November in an even-numbered year, such voter's name may be subject to removal from the voter registration book and the party affiliation list in the manner provided in subsection (d) if the county election officer determines that the removal of the names of voters who failed to vote in such election is necessary to the mainte- nance of accurate voter registration records. A registrant shall not be removed from the registration list on the ground that the registrant has changed residence unless the registrant:

(1) Confirms in writing that the registrant has moved outside the county in which the registrant is registered, or registers to vote in any other jurisdiction; or

(2) has failed to respond to the notice described in subsection (e) and has not appeared to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second federal general election that occurs after the date of the notice.

(d) (e) When a voter's name is subject to removal from the registra- tion book and the party affiliation list as provided in subsection (c), the county election officer shall attempt to notify such voter by first-class mail at the mailing address specified in the registration book. Such notification shall advise that the registration books show that the person did not vote in the applicable November general election and that it is necessary to reregister if the residence of such person has changed. Such notification shall be mailed in an envelope or on a postcard which clearly indicates that it is not to be forwarded to another address. If such notification is not returned undelivered to the county election officer and no address correction which indicates that the voter has moved is received by the county election officer, the voter's name shall not be removed from the registration book or party affiliation list. If such notification is returned undelivered to the county election officer or if an address correction which indicates that the voter has moved is received by the county elec- tion officer, the county election officer shall check to verify that the mail- ing address on the notification is the same as that on the voter registration list. If it is determined that an error was made in addressing the notifi- cation, another notice shall be sent to the correct mailing address. If it is determined that no error was made in addressing the original notification or if the second notification is returned undelivered or an address cor- rection is received therefor, the name of such person shall be stricken from the registration books and the party affiliation lists. A county election officer shall send a confirmation notice upon which a registrant may state such registrant's current address, within 45 days of the following events:

(1) A notice of disposition of an application for voter registration is returned as undeliverable;

(2) change of address information supplied by the National Change of Address program identifies a registrant whose address may have changed;

(3) if it appears from information provided by the postal service that a registrant has moved to a different residence address in the county in which the registrant is currently registered; or

(4) if it appears from information provided by the postal service that a registrant has moved to a different residence address outside the county in which the registrant is currently registered.

The confirmation notice shall be sent by forwardable mail and shall include a postage prepaid and preaddressed return card in a form pre- scribed by the chief state election official.

(e) (f) Except as otherwise provided by law, when a voter dies or is disqualified for voting, the registration of the voter shall be void, and the county election officer shall remove such voter's name from the registra- tion books and the party affiliation lists. Whenever (1) an obituary notice appears in a newspaper having general circulation in the county reports the death of a registered voter, or (2) a registered voter requests in writing that such voter's name be removed from registration, or (3) a court of competent jurisdiction orders removal of the name of a registered voter from registration lists, or (4) the name of a registered voter appears on a list of deceased residents compiled by the secretary of health and envi- ronment as provided in K.S.A. 65-2422, and amendments thereto, or appears on a copy of a death certificate provided by the secretary of health and environment, or (5) pursuant to K.S.A. 25-2316d, and amendments thereto, a registered voter fails to vote in two consecutive state general elections the county election officer shall remove from the registration books and the party affiliation lists in such officer's office the name of any person shown by such list or death certificate to be deceased. The county election officer shall not use or permit the use of such lists of deceased residents or copies for any other purpose than provided in this section.

(g) When the chief state election official receives written notice of a felony conviction in a United States district court, such official shall notify within five days the county election officer of the jurisdiction in which the offender resides. Upon notification of a felony conviction from the chief state election official, or from a county or district attorney or a Kansas district court, the county election officer shall remove the name of the offender from the registration records.

(f) Election board judges are hereby authorized to administer oaths for the purpose of taking affidavits under this section. All such affidavits shall be made upon forms approved by the secretary of state. Every af- fidavit given under this section shall be returned to the county election officer with the registration books.

(g) (h) Except as otherwise provided in this section, no person whose name has been removed from the registration books shall be entitled to vote until such person has registered again.

New Sec./007006/Once each calendar year a check of the registration records of voters in the state of Kansas shall be commenced by the chief state election official or the county election officer by comparing such records to the National Change of Address files. A county election officer may complete one or more checks each calendar year. If the chief state election official performs the check, any discrepancies discovered in the check shall be reported to the appropriate county election officer, who shall initiate the confirmation process prescribed by K.S.A. 25-2316c, and amendments thereto, within 45 days. The chief state election official may adopt rules and regulations to carry out the provisions of this section.

Sec./007006/K.S.A. 1995 Supp. 25-2352 is hereby amended to read as follows: 25-2352. (a) An application for voter registration for elections shall be included as part of the application for any motor vehicle driver's license and nondriver identification card issued by the division of vehicles.

(1) Each Kansas division of motor vehicles driver's license application and nondriver identification card application (including any renewal appli- cation) submitted to a division of motor vehicles office in Kansas shall serve as an application for voter registration unless the applicant fails to sign the voter registration application. An individual who completes the application for voter registration and is otherwise eligible shall be regis- tered to vote in accordance with the information supplied by the individ- ual.

(2) An application for voter registration submitted under subsection (a)(1) shall be considered as updating any previous voter registration by the applicant.

(b) The voter registration section of the application:

(1) May require a second signature or other information that dupli- cates, or is in addition to, information in the driver's license or nondriver's identification card section of the application only if the duplicate or ad- ditional information is necessary for prevention of multiple registration of the same individual, for determination of eligibility to vote, or for ad- ministration of voter registration or other aspects of the election process to prevent duplicate voter registrations, and to enable Kansas election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;

(2) shall include a statement that specifies each eligibility require- ment for voting, contains an attestation that the applicant meets each such requirement, including citizenship, and requires the signature of the ap- plicant, under penalty of perjury; and

(3) shall include a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes;

(4) shall include a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration pur- poses;

(3) (5) shall be made available by the division of vehicles (as submit- ted by the applicant, or in machine-readable or other format) to the sec- retary of state and county election officers, as provided by rules and reg- ulations adopted by the secretary of state.; and

(6) shall be transmitted to the county election officer not later than five days after the date of acceptance.

(c) The motor vehicle driver's license and nondriver identification card form used for change of residence address shall also serve as a no- tification of change of residence address for voter registration for elec- tions, unless the registrant states on the form that the change is not for voter registration purposes.

(d) The voter registration portion of the motor vehicle driver's license and nondriver identification card applications and change of address forms used shall be subject to approval by the secretary of state for pur- poses of voter registration under this section.

(e) Following the line fixed for the signature of the applicant on the application for voter registration, a statement shall be printed stating that voting without being qualified is a class A misdemeanor carrying penalties of not to exceed one year in jail or a fine of not to exceed $2,500 or both such imprisonment and fine the penalty for submission of a false voter registration application is a maximum presumptive sentence of 17 months in prison.

(f) The secretary of state is hereby authorized to adopt such rules and regulations in the manner prescribed by law as may be necessary for the administration of the provisions of this act section.

Sec./007006/K.S.A. 25-2504 is hereby amended to read as follows: 25- 2504. ``County election officer'' means the election commissioner in coun- ties having an election commissioner, and the county clerk in counties which do not have an election commissioner.

``Chief state election official'' means the secretary of state.

Sec./007006/K.S.A. 1995 Supp. 25-2709 is hereby amended to read as follows: 25-2709. The county election officer may destroy the following election records may be destroyed after they have been on file for the period stated:

(1) Appointments and oaths of office of election board members, two years.

(2) Registration lists, five years.

(3) Poll books, five years.

(4) Party affiliation lists, five years.

(5) Abstracts of voting records, 20 years.

(6) Affidavits required to be filed by the election laws of the state of Kansas, including advance voting and mail ballot envelopes containing voters' declarations, two years.

(7) All other election records used at polling places, two years.

(8) Declination forms maintained by voter registration agencies and the division of motor vehicles, two years.

(9) Confirmation notices, two years.

(10) Confirmation responses, two years.

Sec./007006/K.S.A. 1995 Supp. 25-2909 is hereby amended to read as follows: 25-2909. (a) Any voter unable to mark such person's ballot by reason of physical disability, visual handicap or lack of proficiency in read- ing the English language or any voter 65 or more years of age may request assistance in voting.

(b) Upon request as provided in subsection (a), the voter shall be accompanied to the voting booth by a person chosen by the voter or, if no person is chosen, by two members of the election board of different political parties, who shall mark the ballot as such voter directs.

(c) If a voter requests assistance but is challenged, such voter shall be permitted to vote as provided by law for challenged provisional voters.

(d) If a voting place is inaccessible to a disabled voter by reason of stairs or steps, such voter may request that such person's ballot be brought to the entrance to such voting place, for the purpose of allowing such voter to vote. Two members of the election board of different political parties shall take a ballot to the voter so requesting and shall remain with such voter while such person votes. In voting places where paper ballots are used, such board members shall deposit such voter's ballot in the ballot box. In voting places where voting machines are used, such voter shall vote on an advance voting ballot, and, if the county election officer so directs, the two board members, upon returning to the voting place, shall cast the voter's votes, exactly in the manner shown on such voter's ballot, on a voting machine. If the voter's votes are cast on a voting ma- chine, the advance voting ballots used in this subsection shall be marked ``VOID'' with a notation indicating that the votes thereon have been tab- ulated on a voting machine. Any such ballot, together with objected to and challenged provisional ballots, shall be packaged in accordance with K.S.A. 25-3008, and amendments thereto.

(e) Intoxication shall not be regarded as a physical disability.

Sec./007006/K.S.A. 25-3008 is hereby amended to read as follows: 25- 3008. Before leaving the voting place the supervising judge shall ascertain that the election supplies and ballots that are to be returned have been packaged, packed and separated as provided in this section:

(a) All ballots both voted and unvoted, except void, objected to and challenged provisional ballots, shall be placed in bags or sacks. Such bags or sacks shall be sealed and appropriately labeled. The method of sealing and labeling shall be a method approved by the secretary of state and directed by the county election officer.

(b) Ballots that are spoiled and returned by the voter shall be marked ``spoiled'' on the back thereof and shall be placed in the bags or envelopes specified in subsection (a) of this section.

(c) Challenged ballots and objected to ballots Provisional ballot en- velopes containing ballots, with applications for registration attached, shall be placed in an appropriately labeled envelope, and shall be sealed as in subsection (a) of this section.

(d) Objected to ballots shall be placed in an appropriately labeled envelope, and shall be sealed as in subsection (a) of this section.

(d) (e) Ballots that are cast but not counted shall be marked ``void'' on the back thereof and shall be placed in the same envelope that contains challenged and objected to ballots.

(e) (f) Ballots specified in subsections (a) and (b) shall be separately packaged from ballots specified in subsections (c) and, (d) and (e).

(f) (g) Poll books, registration books, party affiliation lists, tally sheets, abstracts and election supplies not listed in the preceding subsections of this section shall be returned sealed but not packaged with the items specified in subsections (a), (b), (c), (d) and, (e) and (f).

Sec. 19. K.S.A. 25-3306 is hereby amended to read as follows: 25- 3306. County election officers and, deputy election officers, voter regis- tration agencies, and offices of the division of motor vehicles shall inform each person registering as a voter that such person may declare a party affiliation with any recognized political party or a voter affiliation with any registered political organization and shall inform such person of the procedure for declaring such affiliation. A printed notice containing such information shall be posted conspicuously at each registration place.

New Sec. 20. The secretary of state may adopt rules and regulations to comply with the National Voter Registration Act.

Sec. 21. K.S.A. 21-4615 is hereby amended to read as follows: 21- 4615. (1) A person who has been convicted in any state or federal court of a crime punishable by death or by imprisonment for a term of one year or longer and is imprisoned pursuant to such conviction felony shall, by reason of such conviction and imprisonment, be ineligible to hold any public office under the laws of the state of Kansas, or to register as a voter or to vote in any election held under the laws of the state of Kansas or to serve as a juror in any civil or criminal case.

(2) The disabilities ineligibilities imposed by this section shall attach when the convicted person is delivered to the custody of the secretary of corrections for imprisonment upon conviction and shall continue until such person is finally discharged from parole or conditional release or is discharged from custody by reason of the expiration of the term of im- prisonment to which the person was sentenced, except that when a sen- tence of imprisonment is modified by the court within 120 days from the date thereof and the convicted person is admitted to probation or assigned to a community correctional services program, such person shall not thereafter be subject to the disabilities imposed by this section.

(3) The disabilities ineligibilities imposed upon a convicted person by this section shall be in addition to such other penalties as may be provided by law.

New Sec. 22. Any person registered to vote for federal elections dur- ing the period from January 1, 1995, through the effective date of this act shall be deemed to be registered to vote in all elections in Kansas, if otherwise qualified, upon the effective date of this act.

Sec. 23. K.S.A. 1995 Supp. 25-1117 is hereby amended to read as follows: 25-1117. (a) ``Question submitted election'' means any election at which a special question is to be voted on by the electors of the state or a part of them.

(b) ``Election officer'' means the county clerk or the election com- missioner, if there is one, or the city clerk when specifically charged by law to conduct a particular election.

(c) ``Ballot'' or `` advance voting ballot'' means the ballot a voter casts when he is not in the county in which he resides on election day, except ballots cast under the authority of K.S.A. 25-1214 to through 25-1228 and amendments thereto.

Sec. 24. K.S.A. 1995 Supp. 25-1122 is hereby amended to read as follows: 25-1122. (a) Any person described in K.S.A. 25-1119, and amend- ments thereto, or any qualified elector of such person's county of resi- dence, on behalf of such person, may file with the county election officer where such person is a resident, or where such person is authorized by law to vote as a former precinct resident, an application for an advance voting ballot. A person making application on behalf of any other person for an advance voting ballot to be transmitted to the voter by the person making such application, shall be permitted to personally transmit only one ballot. Any additional applications for advance voting ballots made by such person shall be applications for advance voting ballots to be trans- mitted by mail.

(b) Applications made by or on behalf of persons specified in K.S.A. 25-1119, and amendments thereto, for advance voting ballots to be trans- mitted to the voter by mail shall be filed only at the following times:

(1) For the primary election occurring on the first Tuesday in August in even-numbered years, between April 1 of such year and the last busi- ness day of the week preceding such primary election.

(2) For the general election occurring on the Tuesday succeeding the first Monday in November in even-numbered years, between 90 days prior to such election and the last business day of the week preceding such general election.

(3) For the primary election held five weeks preceding the first Tues- day in April, between January 1 of the year of such election and the last business day of the week preceding such primary election.

(4) For the general election occurring on the first Tuesday in April, between January 1 of the year of such election and the last business day of the week preceding such general election.

(5) For question submitted elections occurring on the date of a pri- mary or general election, the same as is provided for ballots for election of officers at such election.

(6) For question submitted elections not occurring on the date of a primary or general election, between the time of the first published notice thereof and the last business day of the week preceding such question submitted election, except that if the question submitted election is held on a day other than a Tuesday, the county election officer shall determine the final date for mailing of advance voting ballots, but such date shall not be more than three business days before such election.

(7) For any special election of officers, at such time as is specified by the secretary of state.

(8) For the presidential preference primary, between January 1 of the year in which such primary is held and the last business day of the week preceding such primary election.

The county election officer of any county may receive applications prior to the time specified in this subsection (b) and hold such applications until the beginning of the prescribed application period. Such applications shall be treated as filed on that date.

(c) Except as otherwise provided in subsection (e), applications made by persons specified in K.S.A. 25-1119, and amendments thereto, for advance voting ballots to be transmitted to the voter in person in the office of the county election officer shall be filed only on the Tuesday next preceding the election, or such earlier date as the county election officer may designate, on each subsequent business day and, if the county election officer so provides, on Saturday, until no later than 12:00 noon on the day preceding such election. Upon receipt of any such application, properly executed, the county election officer shall deliver to the voter such ballots and instructions as are provided for in this act.

(d) Except as otherwise provided in subsection (e), applications made on behalf of persons specified in K.S.A. 25-1119, and amendments thereto, for advance voting ballots to be transmitted to the voter by the person making application on behalf of the voter shall be filed only on the Tuesday next preceding the election, or such earlier date as the county election officer may designate, on each subsequent business day and, if the county election officer so provides, on Saturday, until no later than the hour for closing of the polls on the day of the election. Notwithstand- ing this provision, advance voting ballots shall be received in accordance with K.S.A. 25-1132, and amendments thereto.

(e) Any person having a permanent physical disability or an illness which has been diagnosed as a permanent illness who would be qualified to vote an advance voting ballot pursuant to K.S.A. 25-1119, and amend- ments thereto, is hereby authorized to make or to have made on their behalf an application for permanent advance voting status. Applications for permanent advance voting status shall be in the form and contain such information as is required for application for advance voting ballots but shall also contain information which establishes the voter's right to per- manent advance voting status.

(f) (e) On receipt of any application filed under the provisions of this section, the county election officer shall prepare and maintain in such officer's office a list of the names of all persons who have filed such applications, or in whose behalf such applications have been filed, to- gether with their correct post office address and the precinct, ward, town- ship or voting area in which such persons claim to be registered voters or to be authorized by law to vote as former precinct residents and the present resident address of each applicant, which names and addresses shall remain so listed until the day of such election available for inspection upon request in compliance with this subsection by any registered voter during regular business hours. The county election officer upon receipt of such applications shall enter upon a record kept by such officer the name and address of each such person, which record shall conform to the list above required. The county election officer shall maintain a sep- arate listing of the names and addresses of persons qualifying for per- manent advance voting status. Before inspection of any advance voting ballot application list, the person desiring to make such inspection shall provide to the county election officer identification in the form of driver's license or other reliable identification and shall sign a log book or appli- cation form maintained by such officer stating such person's name and address and showing the date and time of inspection. All records made by the county election officer shall be subject to public inspection, except that the identifying number on ballots and ballot envelopes and records of such number shall in no case be made public.

(g) (f) If an advance voting ballot is destroyed, spoiled, lost or not received by the voter, the voter may request a replacement ballot from the county election officer as provided in this subsection. When a request is timely received under this subsection, the county election officer shall deliver the ballot to the voter if the voter is present in the office of the county election officer, or promptly transmit the ballot by mail to the voter at the address contained in the original application, except when prohibited in the subsection. The county election officer shall keep a record of each replacement advance voting ballot provided under this subsection.

Sec. 25. K.S.A. 1995 Supp. 25-1122a is hereby amended to read as follows: 25-1122a. The county election officer of any county in which voting machines are used may authorize persons filing applications for advance voting ballots as provided by K.S.A. 25-1122, and amendments thereto, to cast their votes upon voting machines. If the county election officer authorizes the use of voting machines by advance voting voters such officer shall equip the office of the county election officer with enough voting machines to enable all absentee advance voting voters to cast their votes upon such machines.

Such machines shall be of a make certified by the secretary of state and shall be sealed in a manner to allow tabulation of the total vote only at the time of the closing of the polls on the day of the election for which such machines are used.

Sec. 26. K.S.A. 1995 Supp. 25-1122d is hereby amended to read as follows: 25-1122d. (a) If the The application for an advance voting ballot is made by the person desiring to vote an advance voting ballot, such application shall be accompanied by an affirmation in substance as fol- lows:

Affirmation of an Elector of the County of ____________ and State of Kansas Desiring to Vote an Advance Voting Ballot State of ____________, County of ____________, ss:

I, _______________________________________________________________________________ ,

Note: False statement on this affirmation is a class C misdemeanor.

(b) If the application for an advance voting ballot is made on behalf of the person desiring to vote an advance voting ballot by a qualified elector of such person's county of residence, such application shall be accompanied by an affirmation in substance as follows:

[eu-2,5]Affirmation of an Elector on Behalf of an Elector of the County of [su1]____________[xu, and State of Kansas Desiring to Vote an Advance Voting Ballot State of [su1]____________[xu, County of [su1]____________[xu, ss:

I, [su1]__________________________________________________________________________ _____[xu,

Note: False statement on this affirmation is a class C misdemeanor.

(c) An application for permanent advance voting status shall be on a form prescribed by the secretary of state for this purpose. Such applica- tion shall contain an affirmation concerning substantially the same infor- mation required in subsection (a) or (b) and in addition thereto a state- ment regarding the permanent character of such illness or disability.

(d) (c) Any application by or on behalf of a former precinct resident shall state both the former and present residence, address, precinct and county of such former precinct resident and the date of change of resi- dence.

Sec. 27. K.S.A. 1995 Supp. 25-1123 is hereby amended to read as follows: 25-1123. When an application for an advance voting ballot has been filed in accordance with K.S.A. 25-1122 and amendments thereto, the county election officer shall transmit to the voter applying therefor, or to the person making application on behalf of such voter, one each of the appropriate ballots. No advance voting ballot shall be transmitted by the county election officer by any means prior to the 20th day before the election for which an application for an advance voting ballot has been received by such county election officer. If the advance voting ballot is transmitted by mail or by the person making application on behalf of the voter, such ballot shall be transmitted with printed instructions prescribed by the secretary of state and a ballot envelope bearing upon the outside a printed form as described in K.S.A. 25-1120, and amendments thereto, and the same number as the number of the ballot. If the advance voting ballot is transmitted to the applicant in person in the office of the county election officer, such advance voting ballot and printed instructions shall be transmitted in an advance voting ballot envelope bearing upon the outside a printed form as described in K.S.A. 25-1120, and amendments thereto, and the same number as the number of the ballot unless the voter elects to deposit the advance voting ballot into a locked ballot box without an envelope. All ballots shall be transmitted to the advance voting voter not more than 20 days before the election but within two business days of the receipt of such voter's application by the election officer or the commencement of such 20-day period. In primary elections required to be conducted on a partisan basis, the election officer shall deliver to such voter the ballot of the political party of the applicant.

Sec. 28. K.S.A. 1995 Supp. 25-1124 is hereby amended to read as follows: 25-1124. (a) Any person qualified to vote pursuant to K.S.A. 25- 1119 and amendments thereto, upon receiving any ballot transmitted to such person as provided in this act, shall cast their vote as follows: The voter shall make a cross or check mark in the square or parentheses opposite the name of each candidate or question for whom the voter desires to vote. The voter shall make no other mark, and shall allow no other person to make any mark, upon such ballot. If the advance voting ballot was transmitted by mail or by a person on behalf of the voter, the voter shall then personally place the ballot in the ballot envelope bearing the same number as the ballot and seal the envelope. The voter shall then fill out in full the form on the ballot envelope and shall sign the same. The ballot envelope shall be mailed or otherwise transmitted to the county election officer. If the advance voting ballot was transmitted to the voter in person in the office of the county election officer, the voter may deposit such ballot into a locked ballot box without an envelope.

(b) Any sick, physically disabled or illiterate voter who is unable to apply for or mark or transmit an advance voting ballot and who has re- ceived an advance voting ballot pursuant to K.S.A. 25-1119 and amend- ments thereto, may request assistance in applying for or marking or trans- mitting an advance voting ballot.

(c) The county election officer shall allow a person to assist a sick, physically disabled or illiterate voter in applying for or marking and or transmitting an application or advance voting ballot, provided a written statement is signed by the person who renders assistance to the sick, physically disabled or illiterate voter and submitted to the county election officer with the application or ballot. The statement shall be on a form prescribed by the secretary of state and shall contain a statement from the person providing assistance that the person has not exercised undue influence on the voting decision of the sick, physically disabled or illiterate voter and that the person providing assistance has completed the appli- cation or marked the ballot as instructed by the sick, physically disabled or illiterate voter.

(d) Any person assisting a sick, physically disabled or illiterate voter in applying for or marking and or transmitting an advance voting ballot who knowingly and willfully fails to sign and submit the statement re- quired by this section shall be guilty of a class E felony.

Sec. 29. K.S.A. 25-1133 is hereby amended to read as follows: 25- 1133. (a) The county election officer of any county not using voting ma- chines may establish a special election board of at least three (3) members who shall be registered voters of the county. Special election boards es- tablished under this subsection (a) shall meet in the county courthouse at a time on election day designated by the county election officer after the opening of the polls.

(b) (a) The county election officer of every county, which does not use voting machines and which does not have a special election board established under subsection (a), optical scanning systems or electronic or electromechanical voting systems, shall establish a special election board under this subsection (b). Such special election board shall consist of the election board members in the precinct in which is located the office of the county election officer and or the members of such additional election boards of the county as the county election officer may designate. Such special election board shall meet at the voting place in the precinct in which is located the office of the county election officer on election day, at the time of the closing of the polls, or as soon as practicable thereafter.

(c) (b) In counties where voting machines, optical scanning systems or electronic or electromechanical voting systems are used, the county election officer shall appoint a special election board consisting of at least three (3) members who. Such members shall be registered voters of such county. Such special election board shall meet in the office of the county election officer, at the time of the opening of the polls on election day or at such time before election day as the county election officer deems nec- essary.

Sec. 30. K.S.A. 1995 Supp. 25-1134 is hereby amended to read as follows: 25-1134. (a) The county election officer in counties which have a special election board established under subsection (a) or subsection (c) of K.S.A. 25-1133, and amendments thereto, shall deliver all advance voting ballots to the special election board when such special election board convenes, and thereafter as advance voting ballots are received during election day, until the time for closing of the polls.

(b) In counties having a special election board established under sub- section (b) of K.S.A. 25-1133, and amendments thereto, the county elec- tion officer shall deliver all advance voting ballots to such special election board at the time of the closing of the polls, or as soon as practicable thereafter The special election board may conduct the original canvass of advance voting ballots when the board convenes, but shall not complete final tabulation prior to election day.

Sec. 31. K.S.A. 21-4615, 25-410, 25-414, 25-1133, 25-1337, 25-2303, 25-2309, 25-2309c, 25-2312, 25-2315, 25-2316c, 25-2316d, 25-2504, 25- 3008, 25-3306 and K.S.A. 1995 Supp. 25-409, 25-1117, 25-1122, 25- 1122a, 25-1122d, 25-1123, 25-1124, 25-1134, 25-1136, 25-2311, 25-2352, 25-2709 and 25-2909 are hereby repealed.

Sec. 32. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved April 20, 1996.

Published in the Kansas Register: April 25, 1996.