584             1997 Session Laws of Kansas             Ch. 124

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

Section 1. K.S.A. 1996 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, 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. The signed
application may be transmitted to the county election officer by facsimile.

Ch. 124             1997 Session Laws of Kansas             585

(b) Applications for advance voting ballots to be transmitted 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) Any person having a permanent physical disability or an illness

586             1997 Session Laws of Kansas             Ch. 124

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 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 ap-
plication for advance voting ballots but shall also contain information
which establishes the voter's right to permanent advance voting status.

(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, together with their correct post office address and the pre-
cinct, ward, township 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 offi-
cer 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 separate listing of the names and addresses of persons quali-
fying for permanent advance voting status. Before inspection of any ad-
vance voting ballot application list, the person desiring to make such in-
spection 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 application 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 en-
velopes and records of such number shall in no case be made public.

(f) If an advance voting ballot is destroyed, spoiled, lost or not re-
ceived 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. 2. K.S.A. 1996 Supp. 25-1123 is hereby amended to read as
follows: 25-1123. (a) 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

Ch. 124             1997 Session Laws of Kansas             587

therefor one each of the appropriate ballots. Except as provided by sub-
section (b), the county election officer shall transmit the advance voting
ballots to the voter at one of the following addresses as specified by the
voter on such application: (1) The voter's residential address or mailing
address as indicated on the registration list; (2) the voter's temporary
residential address; or (3) a medical care facility as defined in K.S.A.
65-425, and amendments thereto, psychiatric hospital, hospice or adult
care home where the voter resides. 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, such ballot shall be transmitted with
printed instructions prescribed by the secretary of state and a ballot en-
velope 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 ap-
plication 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.

(b) The restrictions in subsection (a) relating to where a county elec-
tion officer may transmit an advance voting ballot shall not apply to an
advance voting ballot requested pursuant to an application for an advance
voting ballot filed by a sick, physically disabled or illiterate voter.

Sec. 3. K.S.A. 1996 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, 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. Except as provided by K.S.A. 25-

588             1997 Session Laws of Kansas             Ch. 124

2908, and amendments thereto, 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, may request as-
sistance by a person who has signed a statement required by subsection
(d) in applying for or marking or transmitting an advance voting ballot.

(c) An application for an advance voting ballot filed by a sick, phys-
ically disabled or illiterate voter or by a person rendering assistance to
such voter may be filed during the regular advance ballot application
periods until the close of the polls on election day. Any voted ballot may
be transmitted to the county election officer by the voter or by another
person upon request of the voter. Any such voted ballot shall be trans-
mitted to the county election officer before the close of the polls on election
day.

(c) (d) The county election officer shall allow a person to assist a sick,
physically disabled or illiterate voter in applying for or marking or trans-
mitting an application or advance voting ballot, provided a written state-
ment 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 application
or marked the ballot as instructed by the sick, physically disabled or illit-
erate voter.

(d) (e) Any person assisting a sick, physically disabled or illiterate
voter in applying for or marking 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. or who exercises
undue influence on the voting decision of such voter shall be guilty of a
severity level 9 nonperson felony.

Sec. 4. K.S.A. 1996 Supp. 25-1128 is hereby amended to read as
follows: 25-1128. (a) No voter shall mark or transmit to the county elec-
tion officer more than one advance voting ballot, or set of one of each
kind of ballot, if the voter is entitled to vote more than one such ballot
at a particular election.

(b) No person, unless authorized by K.S.A. 25-1119, and amend-
ments thereto, shall mark, sign or transmit to the county election officer
any advance voting ballot or advance voting ballot envelope.

(c) No person, unless authorized by K.S.A. 25-1122 or K.S.A. 25-1124,

Ch. 124             1997 Session Laws of Kansas             589

and amendments thereto, shall intercept, interfere with, or delay the
transmission of advance voting ballots from the county election officer to
the voter.

(c) (d) No person shall willfully and falsely affirm, declare or sub-
scribe to any material fact in an affirmation form for an advance voting
ballot, or set of advance voting ballots if the voter is entitled to vote more
than one kind of advance voting ballot at a particular election, or in a
declaration form on an advance voting ballot envelope.

(d) (e) Nothing in this section shall be construed to prohibit any per-
son from mailing, carrying or otherwise conveying advance voting ballots
or sets of advance voting ballots to the county election officer upon re-
quest of advance voting voters.

(e) (f) Violation of any provision of this section is a class C misde-
meanor.

Sec. 5. K.S.A. 1996 Supp. 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, or apply for an advance voting ballot, on the condition
that such voter first completes the application for registration prescribed
by K.S.A. 25-2309, and amendments thereto. Completion of the appli-
cation 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 notice of disposi-
tion to any voter completing such application.

(b) When a registered voter changes residence, such voter must re-
register in order to be eligible to vote, except that when a registrant has
moved from an address on the registration book to another address within
the county and has not reregistered, such registrant shall be allowed to
vote a provisional ballot at any election, or to apply for an advance voting
ballot, on the condition that such registrant first 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 record, if appropriate, for voting in future elec-
tions. The county election officer shall send, by nonforwardable first-class
mail, a notice of disposition to any such voter. Whenever the county elec-
tion officer receives from any other election officer a notice 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.

(d) A registrant shall not be removed from the registration list on the
ground that the registrant has changed residence unless the registrant:

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(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.

(e) 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.

(f) Except as otherwise provided by law, when a voter dies or is dis-
qualified 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, the county election officer shall remove from the reg-
istration 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

Ch. 124             1997 Session Laws of Kansas             591

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.

(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.

Sec. 6. K.S.A. 1996 Supp. 25-2908 is hereby amended to read as
follows: 25-2908. (a) Each polling place shall use either: (1) A registration
book and a poll book, as defined in K.S.A. 25-2507(a) and K.S.A. 25-
2507(b)(1), and amendments thereto; or (2) a registration book, as de-
fined in K.S.A. 25-2507(b)(2), and amendments thereto. The county elec-
tion officer shall determine which books are used in each county, and
which book voters shall sign.

(b) Persons desiring to vote shall give their names, and if required
their residence, to the judges of election, one of whom shall announce
the name in a loud and distinct tone of voice, and if the name is in the
registration books, the member of the election board having the registra-
tion record shall repeat the name. For the purpose of identifying voters
at the polling place, the voter shall add the voter's signature, as listed in
the registration book, to the registration book beside the voter's printed
name or to the poll book and the voter shall be allowed to vote. An
election board member shall provide the required signature at the request
of and on behalf of any voter who is unable to personally affix a hand-
written signature by reason of physical disability, visual handicap or lack
of proficiency in reading the English language or any voter 65 or more
years of age. The judges shall give the voter one and only one of each
ballot to be cast at the election, on the upper right-hand corner of each
of which shall be written the number corresponding to the voter's number
in the registration book or poll books, and the voter's name shall be
marked in the registration books and the party affiliation list. If the voter
refuses to sign the registration book or poll book, the election board judge
shall challenge such person's vote pursuant to K.S.A. 25-414, and amend-
ments thereto.

If the name of any person desiring to vote at an election is not in the
registration books, an election board member shall print the name and
address of the person appearing to vote in the registration book or poll
book. The person appearing to vote shall add such person's signature to
the registration book or poll book beside such person's printed name, as
listed in the registration book or poll book, and the election board judge
shall challenge such person's vote pursuant to K.S.A. 25-414, and amend-
ments thereto. During the pendency of a challenge other voters shall be
given ballots and be permitted to vote.

(c) A voter who has received an advance voting ballot may vote a

592             1997 Session Laws of Kansas             Ch. 124

regular ballot on election day at the precinct polling place where the voter
resides if the voter first returns the advance voting ballot to a judge or
clerk at the precinct polling place. The judge or clerk shall void such
advance voting ballot.

Sec. 7. K.S.A. 25-3301 is hereby amended to read as follows: 25-
3301. (a) Each registered voter of this state who has declared a party
affiliation as provided in this section or in K.S.A. 25-3304, and amend-
ments thereto, shall be entitled to vote at every partisan primary election.

(b) The county election officer shall prepare for each voting place at
each partisan primary election a party affiliation list, duly certified by such
officer, which clearly indicates the party affiliation of each registered voter
in the voting area who has declared a party affiliation. The registration
book prepared for a voting place pursuant to K.S.A. 25-2318, and amend-
ments thereto, may be used as such list, but no registration book prepared
for use at a voting place in an election other than a partisan primary
election or an election held at the same time as a partisan primary election
shall indicate in any manner the party affiliation of any voter. Such list
shall be delivered by the supervising judge to the voting place before the
opening of the polls.

(c) The party affiliation list provided for by subsection (b) shall be
used to determine the party affiliation of a voter offering to vote at a
partisan primary election and of a voter applying for an advance voting
ballot pursuant to K.S.A. 25-1122, and amendments thereto. If a voter's
party affiliation is not indicated on the party affiliation list, such voter
shall state his or her the voter's party affiliation in writing on a form
prescribed by the secretary of state. One of the judges then A judge at
the precinct polling place, or the county election officer or such officer's
designee, shall give such voter a primary ballot of the voter's party affili-
ation, and such person thereupon shall be entitled to vote. Such a state-
ment of party affiliation shall constitute a declaration of party affiliation,
and all such signed statements shall be returned to the county election
officer, who shall cause them to be recorded on the party affiliation list.

(d) No voter shall be allowed to receive the ballot of any political
party except that with which such voter is affiliated.

(e) Party affiliation statements shall be preserved for five (5) years.
The county election officer may then dispose of the statements in the
manner approved for destruction of ballots as provided in K.S.A. 25-2708,
and amendments thereto.

(f) The county election officer shall update party affiliation lists as
provided by rules and regulations of the secretary of state.

Sec. 8. K.S.A. 22a-102 is hereby amended to read as follows: 22a-
102. No person shall be eligible for nomination to the office of district
attorney unless such person shall have been regularly admitted to practice
law in the state of Kansas for five (5) years next preceding his nomination

Ch. 124             1997 Session Laws of Kansas             593

for such office: Provided, That. An attorney who shall have been a county
attorney, assistant county attorney or assistant district attorney for the
three (3) years immediately preceding his nomination as district attorney
shall be eligible for nomination. A person so qualified may become a
candidate for election to the office of district attorney by either one of
the following methods:

(a) Any person who is a qualified elector of any judicial district in
which a district attorney is to be elected and who is otherwise qualified
under this act may petition to be a candidate for district attorney of such
judicial district by filing in the office of the secretary of state a petition
for his candidacy, signed by not less than five percent (5%) 5% of the
qualified electors of such judicial district who voted for the office of sec-
retary of state at the last preceding general election; or

(b) Any person who is a qualified elector of any judicial district in
which a district attorney is to be elected and who is otherwise qualified
under this act may become a candidate for district attorney of such judicial
district by filing in the office of the secretary of state a declaration of
intent to be such a candidate and payment therewith of a filing fee in an
amount equal to one percent (1%) 1% of the annual salary for such office.

(c) Any such petition or declaration of intent must be filed at the time
and in the manner and form provided in K.S.A. 25-205, to the extent the
provisions thereof are not in conflict with this act, and filed by a candidate
to run in the primary election held in accordance with K.S.A. 25-203, and
amendments thereto, shall be filed no later than 12:00 noon, June 10, prior
to such primary election, or if such date falls on Saturday, Sunday or a
holiday, then before 12:00 noon of the next following day that is not a
Saturday, Sunday or a holiday. Any such petition or declaration of intent
filed by an independent candidate for the office of district attorney shall
be filed no later than 12:00 noon on the Monday preceding the date fixed
for the holding of primary elections in accordance with K.S.A. 25-203,
and amendments thereto. All laws applicable to the election of other state
officers shall apply to elections of district attorneys to the extent the same
are not in conflict with this act.

Sec. 9. K.S.A. 1996 Supp. 25-105 is hereby amended to read as fol-
lows: 25-105. Except as otherwise provided by law, the county election
officer shall cause notice of the time of the holding of any general election
to be published once at least 15 days before such election, except in the
case of special elections, when 10 days' notice shall be given. Such notice
shall be published in a paper or papers having circulation in such county.
Such notice shall state the date and times of such election, the name of
each person nominated for any public office to be voted upon and any
propositions to be voted upon. If such election is not held in conjunction
with another election for which notice of voting areas and polling places
has been published, the notice required by this section shall also include

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such information. When the names to appear on general election ballots
are definitely known and no later than 25 days prior to any general elec-
tion, the county election officer shall mail a copy of such notice to each
person nominated for any public office, except candidates for president
and vice president of the United States, and to judicial retention candi-
dates.

Sec. 10. K.S.A. 1996 Supp. 25-306b is hereby amended to read as
follows: 25-306b. (a) Except as provided by this section, no person who
has been nominated by any means for any national, state, county or town-
ship office may cause such person's name to be withdrawn from nomi-
nation after the day of the primary election.

(b) Any person who has been nominated by any means whatsoever
for any national, state, county or township office who declares that they
are incapable of fulfilling the duties of office if elected may cause such
person's name to be withdrawn from nomination by a request in writing,
signed by the person and acknowledged before an officer qualified to take
acknowledgments of deeds. Any such request shall be filed with the sec-
retary of state in the case of national and state offices and with the county
election officer in the case of county and township offices. Except as
provided in subsection (b) of this section (d), in the case of national and
state offices, any such request shall be filed within seven days, including
Saturdays, Sundays and holidays, after the meeting of the state board of
canvassers for the final canvass of primary election provided for in K.S.A.
25-3205, and amendments thereto. Except as provided in subsection (b)
of this section (d), in the case of county and township offices, any such
request shall be filed within 10 days after the meeting of the county board
of canvassers to canvass the primary election as provided in K.S.A. 25-
3104, and amendments thereto. No name withdrawn as provided in this
section shall be printed on the ballots for such office for the general
election.

(c) In the case of the death of a person who has been nominated for
any national, state, county or township office, the county chairperson of
the political party of which such nominee was a member may cause such
nominee's name to be withdrawn from nomination by a request in writing,
signed by the chairperson and acknowledged before an officer qualified
to take acknowledgements of deeds. Any such request shall be filed with
the secretary of state in the case of national and state offices and with the
county election officer in the case of county and township offices. Except
as provided in subsection (d), in the case of national and state offices, any
such request shall be filed within seven days, including Saturdays, Sun-
days and holidays, after the meeting of the state board of canvassers for
the final canvass of primary election provided for in K.S.A. 25-3205, and
amendments thereto. Except as provided in subsection (d), in the case of
county and township offices, any such request shall be filed within 10

Ch. 124             1997 Session Laws of Kansas             595

days after the meeting of the county board of canvassers to canvass the
primary election as provided in K.S.A. 25-3104, and amendments thereto.
No name withdrawn as provided in this section shall be printed on the
ballots for such office for the general election.

(b) (d) Whenever there has been a vacancy which occurred from a
withdrawal under this section, and such vacancy was filled according to
law, the person filling the vacancy may cause such person's name to be
withdrawn from nomination in the manner provided in subsection (a) (b)
or (c) of this section at any time prior to the 40th day before the general
election.

Sec. 11. K.S.A. 25-308 is hereby amended to read as follows: 25-308.
(a) Any certificate of nomination, nomination petitions or declaration of
intention to become a candidate, filed or issued in apparent conformity
with law, shall be deemed to be valid unless:

(1) Objection thereto is made in writing within three days from the
date the certificate, petitions or declaration is filed with or issued by the
proper officers; or

(2) in the case of certificates of nomination, nomination petitions and
declarations of intention to become a candidate, the secretary of state or
the county election officer finds them to be invalid pursuant to K.S.A.
25-208a, and amendments thereto.

(b) If the secretary of state or the county election officer finds any
certificates of nomination, nomination petitions or declaration of intention
to become a candidate to be invalid pursuant to K.S.A. 25-208a, and
amendments thereto, the candidate on whose behalf the certificates, pe-
titions or declaration was filed may make objection to such finding in
writing within three days of receipt by the candidate of notice of such
finding.

(c) In the case of nominations of national and state officers, objections
shall be filed with the secretary of state and shall be considered by the
lieutenant governor, secretary of state, and attorney general, and a deci-
sion of a majority of these officers shall be final. In the case of nominations
for county, township, city and school officers, objections shall be filed
with the county election officer and shall be considered by the county
election officer, clerk of the district court and county attorney or district
attorney, and a decision of a majority of these officers shall be final.

(d) In any case where objection is made, notice shall forthwith be
given, by the officer with whom the objections are filed, to the other
officers required to determine the matter and to the candidates affected
thereby, addressed in the case of candidates to their places of residence
as given in the nomination petitions, declaration of intention to become
a candidate or certificate of nomination. The notice shall state the time
when the objection will be considered, which shall be not more than five
days following the giving of such notice in the case of nomination of a

596             1997 Session Laws of Kansas             Ch. 124

national or state officer and not more than three days following the giving
of such notice in the case of nomination of a county, township, city or
school officer, and the place where such objections will be considered.

(e) The causes for objection under this section as to any office may
be any of those causes listed in K.S.A. 25-1436, and amendments thereto.
The officers determining any objections under this section may assess any
costs arising therefrom to either the objector or objectee in accordance
with the determination made. Such costs shall be paid to the secretary of
state or the county election officer, as the case may be, and deposited
thereby in the treasury of the state or county to the credit of its general
fund. If such costs are not paid within 10 days after the same are fixed,
the secretary of state or county election officer shall make a certificate of
the facts and file it with the clerk of the district court in the county where
the person owing the same resides, and such clerk of the district court
shall cause the same to be collected as in cases of collection of court costs,
and when so collected the same shall be disposed of as are court costs in
such district court.

(f) All mandamus proceedings to compel an officer to certify and
place upon the ballot any name or names, and all injunction proceedings
to restrain an officer from certifying and placing upon the ballot any name
or names, must be commenced not less than 30 45 days before the elec-
tion.

Sec. 12. K.S.A. 25-1903 is hereby amended to read as follows: 25-
1903. (a) A person may become a candidate for election to the office of
state board member by either one of the methods provided in this section.
(1) Any person who is an elector of any board member district may pe-
tition to be a candidate for member of the state board from the board
member district in which such person resides. Any such person shall file
with the secretary of state a petition for the candidacy of such person
signed by not less than two hundred (200) 200 electors residing in such
board member district. (2) Any person who is an elector of any board
member district may become a candidate for member of the state board
from the board member district in which such candidate resides by filing
in the office of the secretary of state a declaration of intent to be such a
candidate and payment therewith of a filing fee in the amount of twenty-
five dollars ($25) $25.

(b) Any such petition or declaration of intent must be filed in the
form, and at the time and in the manner provided in K.S.A. 25-205, as
amended, to the extent the provisions thereof are not in conflict with this
act filed by a candidate to run in the primary election held in accordance
with K.S.A. 25-203, and amendments thereto, shall be filed no later than
12:00 noon, June 10, prior to such primary election, or if such date falls
on Saturday, Sunday or a holiday, then before 12:00 noon of the next
following day that is not a Saturday, Sunday or a holiday. Any such

Ch. 124             1997 Session Laws of Kansas             597

petition or declaration of intent filed by an independent candidate for the
office of state board member shall be filed no later than 12:00 noon on
the Monday preceding the date fixed for the holding of primary elections
in accordance with K.S.A. 25-203, and amendments thereto.

Sec. 13. K.S.A. 1996 Supp. 25-2309 is hereby amended to read as
follows: 25-2309. (a) Any person may apply in person, by mail, through a
voter registration agency, or by other delivery to a county election officer
to be registered. Such application shall be made on: (1) A form approved
by the secretary of state, which shall be provided by a county election
officer or chief state election official upon request in person, by telephone
or in writing; or (2) the mail voter registration application prescribed by
the federal election commission. Such application shall be signed by the
applicant under penalty of perjury and shall contain the original signature
of the applicant or the computerized, electronic or digitized transmitted
signature of the applicant.

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

(1) Name;

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

(3) date of birth;

(4) sex;

(5) telephone number, if available;

(6) naturalization data (if applicable);

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

(8) when present residence established;

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

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

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

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

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

598             1997 Session Laws of Kansas             Ch. 124

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

If the application discloses any previous registration in any other county
or state, as indicated by item (7) or item (9) paragraph (7) or (9), or
otherwise, the county election officer shall upon the registration of the
applicant, give notice to the election official of the place of former reg-
istration, notifying such official of applicant's present residence and reg-
istration, and authorizing cancellation of such former registration.

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

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

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

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

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

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

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

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

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

(e) A voter registration agency shall transmit the completed registra-
tion application to the county election officer not later than five days after
the date of acceptance. Upon receipt of an application for registration,
the county election officer shall send, by nonforwardable first-class mail,
a notice of disposition of the application to the applicant at the postal

Ch. 124             1997 Session Laws of Kansas             599

delivery address shown on the application. If a notice of disposition is
returned as undeliverable, a confirmation mailing prescribed by K.S.A.
25-2316c, and amendments thereto, shall occur.

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

(g) A person who completes an application for voter registration shall
be considered a registered voter when the county election officer adds the
applicant's name to the county voter registration list.

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

Sec. 14. K.S.A. 1996 Supp. 25-2311 is hereby amended to read as
follows: 25-2311. (a) County election officers shall provide for the regis-
tration of voters at one or more places on all days except the following:

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

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

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

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

(5) the 14 days preceding each first Tuesday in April of odd-
numbered 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.

600             1997 Session Laws of Kansas             Ch. 124

(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 may provide
for registration of voters until 9:00 p.m. in cities of the first and second
class.

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

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

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

Sec. 15. K.S.A. 1996 Supp. 19-3a02 is hereby amended to read as
follows: 19-3a02. (a) The board of county commissioners of any county
may adopt a resolution establishing the office of county administrator.

(b) The board of county commissioners of any county may adopt a
resolution submitting to the voters of the county whether the county
should adopt a resolution establishing the office of county administrator.
Such resolution to establish the office of county administrator shall not
be effective until the question has been submitted to and approved by a
majority of the voters of the county voting at an election thereon. Such
election shall be called and held in the manner provided by the general
bond law.

(b) (c) Upon presentation of a petition requesting the establishment
of the office of county administrator signed by at least 5% of the qualified
electors of the county, the board of county commissioners shall adopt a
resolution establishing such office. Such resolution shall not be effective
until the question has been submitted to and approved by a majority of
the voters of the county voting at an election thereon. Such election shall
be called and held in the manner provided by the general bond law.

Ch. 124             1997 Session Laws of Kansas             601

Sec. 16. K.S.A. 22a-102, 25-308, 25-1903 and 25-3301 and K.S.A.
1996 Supp. 19-3a02, 25-105, 25-306b, 25-1122, 25-1123, 25-1124, 25-
1128, 25-2309, 25-2311, 25-2316c and 25-2908 are hereby repealed.

Sec. 17. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 24, 1997.