CHAPTER 105
SENATE BILL No. 230
An Act concerning elections and election procedures; amending
K.S.A. 25-306, 25-433,
25-4302, 25-4322, 25-4324 and 25-4607 and K.S.A. 1998 Supp.
25-1122, 25-1123, 25-
1124, 25-2309, 25-2316c and 25-2354 and repealing the existing
sections; also repealing
K.S.A. 25-2015.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-433 is hereby
amended to read as follows: 25-
433. (a) The county election officer shall mail all official
ballots with a
return identification envelope and instructions sufficient to
describe the
voting process to each elector entitled to vote in the election on
one date
not sooner than the 20th day before the date of the election and
not later
than the 10th day before the date of the election. Ballots
shall be mailed
by first-class mail. Ballots mailed by the county
election officer shall be
addressed to the address of each elector appearing in the
registration
records, and placed in an envelope which is prominently marked ``Do
Not
Forward.''
(b) Upon receipt of the ballot the
elector shall mark it, sign the return
identification envelope supplied with the ballot and comply with
the in-
structions provided with the ballot. The elector may return the
marked
ballot to the county election officer by United States mail, if it
is received
by the county election officer by the date of the election, or
personally
deliver the ballot to the office of the county election officer
before noon
on the date of the election. The ballot must
shall be returned in the return
identification envelope. The county election officer shall provide
for the
payment of postage for the return of ballot envelopes.
(c) The return identification envelope
shall contain the following
form:
I declare under penalty
of election perjury, a felony, that I am a resident and a
qualified voter for this election as shown on
voter registration records and that I have
voted the enclosed ballot and am returning it
in compliance with Kansas law, and amend-
ments thereto, and have not and will not vote
more than one ballot in this election.
I also understand that
failure to complete the information below will invalidate my
ballot.
Signature
Residence
Address
(d) If the ballot is destroyed, spoiled,
lost or not received by the elec-
tor, the elector may obtain a replacement ballot from the county
election
officer as provided in this subsection. An elector seeking a
replacement
ballot shall sign a statement verified on oath or affirmation, on a
form
prescribed by the secretary of state, that the ballot was
destroyed, spoiled,
lost or not received. The applicant shall deliver the statement to
the
county election officer before noon on the date of the election.
The ap-
plicant may mail the statement to the county election officer,
except a
county election officer shall not transmit a ballot by mail under
this sub-
section unless the application is received prior to the close of
business on
the second day prior to the election. When an application is timely
re-
ceived 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 application, except when prohibited in this
subsection.
The county election officer shall keep a record of each replacement
ballot
provided under this subsection.
(e) A ballot shall be counted only if:
(1) It is returned in the return
identification envelope; (2) the envelope is signed by the elector
to whom
the ballot is issued; and (3) the signature has been verified as
provided
in this subsection. The county election officer shall verify the
signature
of each elector on the return identification envelope with the
signature
on the elector's registration records and may commence verification
at
any time prior to the canvass of the election. If the county
election officer
determines that an elector to whom a replacement ballot has been
issued
under subsection (d) has voted more than once, the county election
of-
ficer shall not count any ballot cast by that elector.
(f) The county election officer shall
supervise the procedures for the
handling and canvassing of ballots to insure the safety and
confidentiality
of all ballots properly cast.
(g) The names of voters whose mail ballot
envelopes are returned to
the county election officer as ``undeliverable'' shall be subject
to removal
from the voter registration book and party affiliation list in the
manner
provided in subsection (d) of K.S.A. 25-2316c, and amendments
thereto.
Sec. 2. K.S.A. 1998 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
(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 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 registration,
notifying 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
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
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.
(h) Any registered voter whose residence
address is not a permissible
postal delivery address 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
ad-
dress for the voter.
Sec. 3. K.S.A. 1998 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 shall
reregister 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 al-
lowed to vote a provisional ballot at any election, or to apply for
an ad-
vance voting ballot, on the condition that such registrant first
completes
the application for registration prescribed by K.S.A. 25-2309, and
amend-
ments thereto. Completion of the application shall authorize the
county
election officer to update the registration record, if appropriate,
for voting
in future elections. The county election officer shall send, by
nonfor-
wardable first-class mail, a notice of disposition to any such
voter. When-
ever the county election 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:
(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
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.
New Sec. 4. Upon the filing
thereof, all certificates of nomination
shall be open to public inspection. The secretary of state or the
county
election officer having charge of such certificates shall retain
such certif-
icates for at least one year following the date of the
election.
New Sec. 5. No filing fee shall be
refunded to any person:
(a) Declining a nomination pursuant to
section 9, and amendments
thereto;
(b) withdrawing from candidacy pursuant
to K.S.A. 25-306a, and
amendments thereto; or
(c) withdrawing from nomination pursuant
to 25-306b, and amend-
ments thereto.
Sec. 6. K.S.A. 25-306 is hereby
amended to read as follows: 25-306.
Unless a person declines a nomination pursuant to section 9, and
amend-
ments thereto, withdraws from candidacy pursuant to K.S.A.
25-306a,
and amendments thereto, or withdraws from a nomination pursuant
to
K.S.A. 25-306b, and amendments thereto:
(a) No person shall be eligible
to accept more than one nomination
for the same office.
(b) No person shall be eligible for
nomination to an office pursuant
to K.S.A. 25-303 or 25-304, and amendments thereto, if such
person has
filed either a declaration of intention to become a candidate
for the same
office or has filed a nomination petition for the same
office.
(c) No person shall be eligible to
file either a declaration of intention
to become a candidate for an office or a nomination petition for
an office
if such person has accepted a nomination for the same office
pursuant to
K.S.A. 25-303 or 25-304, and amendments thereto.
Whenever any person shall receive two
or more nominations for the
same office at different dates he shall be deemed to have
accepted the
nomination first made and to have declined the others,
unless within the
time limited for filing certificates of nomination he shall
file in the office
where such certificates of nomination are required to be
filed a written
statement, signed and sworn to by him, designating which
one of such
nominations he desires to accept; and upon the filing
thereof he shall be
deemed to have declined the other
nominations.
Whenever any person shall receive two
or more nominations for the
same office on the same date, it shall be his duty, within
the time limited
for the filing of certificates of nomination, to file with
the officer with
whom the certificates of nomination are filed a written
statement, signed
and sworn to by him, designating which one of such
nominations he de-
sires to accept, and upon the filing thereof he shall be
deemed to have
declined the other nominations; and if he shall refuse or
neglect to so file
such an election, the officer with whom the certificates of
nomination are
filed shall, immediately upon the expiration of the time
for the filing of
certificates of nomination, make and file in his office an
election of one
nomination for such candidate. The county election officer
shall print
such candidate's name upon the official ballot under the
designation so
selected, but under no other designation
whatever.
All certificates of nomination, when
filed, shall be open under proper
regulations to public inspection, and the secretary of
state and county
election officers having charge of such certificates shall
preserve the same
in their respective offices for one year after the
election. No filing fee
shall be refunded to any person withdrawing his candidacy
or nomination
under authority of this act.
New Sec. 7. If any person receives
two or more nominations for the
same office, such person shall file within seven days, including
Saturday,
Sunday and holidays, after the last nomination is received, a
written state-
ment, signed and sworn to by such person, designating which
nomination
such person desires to accept. Such statement shall be filed in the
office
where nomination papers are required to be filed. Upon filing such
state-
ment, such person shall be deemed to have declined any other
nomina-
tion. If such person refuses or neglects to file such statement,
the officer
with whom the nomination papers are filed, immediately upon the
expi-
ration of the seven-day period, shall make and file in such
officer's office
an election of one nomination for such candidate. The county
election
officer shall print such candidate's name upon the official ballot
under
the designation so selected, and under no other designation.
Sec. 8. K.S.A. 25-4302 is hereby
amended to read as follows: 25-
4302. Grounds for recall are conviction of a felony, misconduct in
office,
incompetence or failure to perform duties prescribed by law.
The county
or district attorney of the county where petitions are
required to be filed
shall determine the sufficiency of the grounds stated in
the petition for
recall of a local officer. In the case of a recall of the
county or district
attorney, a judge of the district court of such county
shall designate an
attorney to determine the sufficiency of the grounds stated
in the petition
for recall. Such attorney shall perform the duties imposed
on the county
or district attorney in the recall of other local
officers. No recall submitted
to the voters shall be held void because of the insufficiency of
the grounds,
application, or petition by which the submission was procured.
Sec. 9. K.S.A. 25-4322 is hereby
amended to read as follows: 25-
4322. (a) Before any petition for recall of a local officer
is circulated, a
copy thereof accompanied by names and addresses of the recall
commit-
tee and sponsors shall be filed in the office of the county
election officer
with whom the petitions must are required
to be filed. The copy of the
petition so filed shall be subscribed by the members of the recall
com-
mittee in the presence of such county election officer. The recall
com-
mittee shall represent all sponsors and subscribers in matters
relating to
the recall. Notice on all matters pertaining to the recall may be
served
on any member of the recall committee in person or by mail
addressed
to a committee member as indicated on the petition so filed. The
county
election officer, upon request, shall notify the recall committee
of the
official number of votes cast for the office of the officer sought
to be
recalled in the last general election at which a person was elected
to such
office.
(b) Before any petition for recall of
a local officer is circulated, the
county election officer shall transmit a copy of such petition
to the county
or district attorney or to the attorney designated pursuant to
subsection
(c) for determination of the sufficiency of the grounds stated
in the petition
for recall. Within five days of receipt of the copy of the
petition from the
county election officer, the county or district attorney or the
attorney
designated pursuant to subsection (c) shall make such
determination and
notify the county election officer and the recall committee of
such deter-
mination.
(c) In the case of a recall of the
county or district attorney, a judge
of the district court of such county shall designate an attorney
to deter-
mine the sufficiency of the grounds stated in the petition for
recall. Such
attorney shall perform the duties imposed on the county or
district attor-
ney in the recall of other local officers.
Sec. 10. K.S.A. 25-4324 is hereby
amended to read as follows: 25-
4324. The petitions shall be circulated in person by a sponsor and
only
in the election district in which such sponsor resides. No petition
shall be
circulated in more than one county, and.
The county election officer of
the county in which each petition is circulated shall certify to
the county
election officer where petitions are required to be filed the
sufficiency of
the signatures on the petition. Any registered elector of such
election
district may subscribe to the petition by signing such elector's
name and
address. A person who has signed the petition may withdraw such
person's
name only by giving written notice to the county election officer
where
petitions are to be filed before the date filed. The necessary
signatures
on a petition shall be secured within 90 days from the date that
the copy
of the petition subscribed by the members of the recall
committee is filed
pursuant to K.S.A. 25-4322, and amendments thereto
recall committee
receives notice that the county or district attorney has
determined that
the grounds for recall as stated in the petition are sufficient
as required
by K.S.A. 25-4322, and amendments thereto. The petition
shall be signed
only in ink. Illegible signatures unless accompanied by a legible
printed
name may be rejected by the county election officer.
Sec. 11. K.S.A. 25-4607 is hereby
amended to read as follows: 25-
4607. The ballot information shall be in the order of arrangement
pro-
vided for in article 6, chapter 25 of Kansas Statutes Annotated for
official
ballots, except that. Such information may
be printed on both sides of
one ballot or on more than one ballot. Nothing in this act
shall be con-
strued as prohibiting the use of multiple ballots when the
information for
any election exceeds the capacity of a single ballot. Voting
squares may
be placed before or after the names of candidates and
statements of ques-
tions, and or on a separate paper corresponding
to the ballot upon which
the names of candidates and statements of questions appear.
Voting
squares shall be of such size as is compatible with the
system used. Ballots
shall be printed on paper and with ink compatible with the system
used
and the information printed in as plain clear type and size as the
ballot
spaces will reasonably permit. At the bottom of
each ballot shall be
printed a box, which shall be placed on the ballot in such a manner
so as
not to interfere with the scanning of the ballot.
Sec. 12. K.S.A. 1998 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, registered voter 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.
(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, Unless
an earlier date is designated by the county election office,
applications 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, and 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. If the county election
officer so
provides, applications for advance voting ballots transmitted to
the voter
in person in the office of the county election officer also may
be filed on
the Saturday preceding the election. Upon receipt of any
such properly
executed application, properly executed,
the county election officer shall
deliver to the voter such ballots and instructions as are provided
for in
this act.
In any county having a population exceeding
250,000, the county elec-
tion officer may designate places other than the central county
election
office as satellite advance voting sites. At any satellite
advance voting site,
a registered voter may obtain an application for advance voting
ballots,
such ballots and instructions shall be delivered to the voter in
the same
manner and subject to the same limitations as otherwise provided
by this
subsection.
(d) 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 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 and also shall contain
information which establishes the voter's right to permanent
advance vot-
ing 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. Such
names and addresses shall remain so listed until the day of such
election.
The county election officer shall maintain a separate listing of
the names
and addresses of persons qualifying for permanent advance voting
status.
All such lists shall be 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 applicant, 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 qualifying for permanent 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 iden-
tification 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 envelopes and records of such number shall
in no case
not 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. 13. K.S.A. 1998 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
therefor
one each of the appropriate ballots. Except as provided by
subsection (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 in-
dicated on the registration list; (2) the voter's temporary
residential ad-
dress; 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
instruc-
tions 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 or at a satellite
advance voting
site, such advance voting ballot and printed instructions
shall be trans-
mitted 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 com-
mencement 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. 14. K.S.A. 1998 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, Upon
receipt of the advance voting
ballot, the voter shall cast their such
voter's 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 personally
shall place the ballot in the
ballot envelope bearing the same number as the ballot and seal the
en-
velope. The voter shall fill out in full
complete the form on the ballot
envelope and shall sign the same. Except as provided by K.S.A.
25-2908,
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 or at a satellite advance voting site, 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 an advance voting ballot.
(c) An application for an advance voting
ballot filed by a sick, physi-
cally 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.
(d) The county election officer shall
allow a person to assist a sick,
physically disabled or illiterate voter in applying for or marking
an appli-
cation or advance voting ballot, provided a written statement is
signed by
the person who renders assistance to the sick, physically disabled
or illit-
erate voter and submitted to the county election officer with the
appli-
cation 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 illiterate
voter.
(e) Any person assisting a sick,
physically disabled or illiterate voter
in applying for or marking an advance voting ballot who knowingly
and
willfully fails to sign and submit the statement required by this
section or
who exercises undue influence on the voting decision of such voter
shall
be guilty of a severity level 9 nonperson felony.
New Sec. 15. 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 of-
ficer 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. The
county
election officer shall keep a record of each replacement advance
voting
ballot provided under this subsection.
Sec. 16. K.S.A. 1998 Supp. 25-2354
is hereby amended to read as
follows: 25-2354. (a) 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. As an alternative to
participation
in the national change of address program, the county election
officer may
conduct mass or targeted mailings to registered voters to obtain
infor-
mation upon which to base the confirmation mailings.
(b) The chief state election
official may adopt rules and regulations
to carry out the provisions of this section.
Sec. 17. K.S.A. 25-306, 25-433,
25-2015, 25-4302, 25-4322, 25-4324
and 25-4607 and K.S.A. 1998 Supp. 25-1122, 25-1123, 25-1124,
25-2309,
25-2316c and 25-2354 are hereby repealed.
Sec. 18. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 14, 1999.
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