CHAPTER 124 SENATE BILL No. 126 An Act concerning elections; relating to recounts for statewide offices; relating to hours
of voting; amending K.S.A. 25-106, 25-409 and 25-3107 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 25-3107 is hereby amended to read as follows: 25-
3107. (a) At the time of commencement of any canvass by the county
board of canvassers the county election officer shall present to the county
board of canvassers the preliminary abstracts of election returns, together
with the ballots and records returned by the election boards. The county
board of canvassers shall inspect and check the records presented by the
county election officer and shall hear any questions which the county
election officer believes appropriate for determination of the board. The
county board of canvassers shall do what is necessary to obtain an accurate
and just canvass of the election and shall finalize the preliminary abstract
of election returns by making any needed changes, and certifying its au-
thenticity and accuracy. The certification of the county board of canvass-
ers shall be attested by the county election officer. Neither the county
board of canvassers nor the county election officer shall open or unseal
sacks or envelopes of ballots, except as is required by K.S.A. 25-409, 25-
1136 and 25-1337, and amendments thereto, or other specific provision
of law or as is authorized to carry out a recount under subsection (b).

(b) If a majority of the members of the county board of canvassers
shall determine that there are manifest errors appearing on the face of
the poll books of any election board, which might make a difference in
the result of any election, or if any candidate shall request the recount of
the ballots cast in all or in only specified voting areas for the office for
which such person is a candidate, or if any registered elector who cast a
ballot in a question submitted election requests a recount in all or only
specified voting areas to determine the result of the election, the county
board of canvassers shall cause a special election board appointed by the
county election officer to meet under the supervision of the county elec-
tion officer and recount the ballots with respect to any office or question
submitted specified by the county board of canvassers or requested by
such candidate or elector. If a recount is required in a county that uses
optical scanning systems as defined in K.S.A. 25-4601 et seq., and amend-
ments thereto, or electronic or electromechanical voting systems, as de-
fined in K.S.A. 25-4401, and amendments thereto, the method of con-
ducting the recount shall be at the discretion of the person requesting
such recount. The county election officer shall not be a member of such
special election board. Before the special election board meets to recount
the ballots upon a properly filed request, the party who makes the request
shall file with the county election officer a bond, with security to be ap-
proved by the county or district attorney, conditioned to pay all costs
incurred by the county in making such recount. In the event that the
candidate requesting the recount is declared the winner of the election
as a result of the recount, or if as a result of the recount a question
submitted is overturned, no action shall be taken on the person's bond
and the county shall bear the costs incurred for the recount. Any recount
requested must be requested in writing of and filed with the county elec-
tion officer not later than 12:00 noon on the Monday following the elec-
tion. The request shall specify which voting areas are to be recounted.
The county election officer shall immediately notify any candidate in-
volved in the election for which such recount is requested, or shall notify
the county chairperson of each candidates party. Any such recount shall
be initiated not later than the following day and shall be completed not
later than the Friday of such week at 5:00 p.m. Upon completion of any
recount under this subsection, the election board shall package and reseal
the ballots as provided by law and the county board of canvassers shall
complete its canvass. The members of the special election board shall be
paid as prescribed in K.S.A. 25-2811 and amendments thereto for time
actually spent making the recount.

(c) (1) The provisions of this subsection shall apply to candidates at
any election for:

(A) Any state or national office elected on a statewide basis;

(B) the office of president or vice president of the United States;

(C) the office of members of United States house of representatives;

(D) office of members of state senate or house of representative whose
district is located in two or more counties; and

(E) office of members of state board of education.

(2) Any candidate may request a recount in one or more counties.
Any such recount must be requested in writing and filed with the secretary
of state not later than 12:00 noon on the Monday following the election
and shall specify which counties are to be recounted. If a recount is re-
quired in a county that uses optical scanning systems as defined in K.S.A.
25-4601, and amendments thereto, or electronic or electromechanical vot-
ing systems, as defined in K.S.A. 25-4401, and amendments thereto, the
method of conducting the recount shall be at the discretion of the person
requesting such recount. Except as provided by this subsection and sub-
section (d), the person requesting the recount shall file with the secretary
of state a bond, with security to be approved by the secretary of state,
conditioned to pay all costs incurred by the counties and the secretary of
state in making such recount. The amount of the bond shall be determined
by the secretary of state. A candidate described in paragraphs (D) and
(E) of subsection (c)(1) may post a bond as provided by subsection (b) in
lieu of the bond required by this subsection. In the event that the candi-
date requesting the recount is declared the winner of the election as a
result of the recount, no action shall be taken on the candidate's bond and
the counties shall bear the costs incurred for the recount.

(3) The secretary of state immediately shall notify each county elec-
tion officer affected by the recount and any candidate involved in the
election for which such recount is requested. If the candidate cannot be
reached, then the secretary of state shall notify the state chairperson of
such candidate's party. Any such recount shall be conducted under the
supervision of the county election officers at the direction of the secretary
of state, and shall be initiated not later than the following day and shall
be completed not later than the Friday of such week at 5:00 p.m. Each
county election officer involved in the recount shall appoint a special elec-
tion board to recount the ballots. The members of the special election
board shall be paid as prescribed in K.S.A. 25-2811 and amendments
thereto for time actually spent making the recount. Upon completion of
any recount under this subsection, the special election board in each
county shall package and reseal the ballots as provided by law and the
county board of canvassers shall complete its canvass. The county election
officer in each county immediately shall certify the results of the recount
to the secretary of state.

(d) (1) The provisions of this subsection shall apply to candidates at
general elections for:

(A) Any state or national office elected on a statewide basis;

(B) the office of president or vice president of the United States;

(C) the office of members of United States house of representatives;

(D) office of members of state senate or house of representative; and

(E) office of members of state board of education.

(2) Whenever the election returns reflect that a candidate for office
was defeated by one-half of one percent or less of the total number of
votes cast and if such candidate requests a recount in one or more counties
of the ballots, the state shall bear the cost of any recount performed using
the method by which such ballots were counted originally.

(3) Not later than 60 days following a recount conducted pursuant to
this subsection, the board of county commissioners of each county in
which the recount occurred shall certify to the secretary of state the
amount of all necessary direct expenses incurred by the county. Payment
for such expenses shall be made to the county treasurer of the county
upon warrants of the director of accounts and reports pursuant to vouch-
ers approved by the secretary of state. Upon receipt of such payment and
reimbursements, the county treasurer shall deposit the entire amount
thereof in the county election fund, if there is one and if there is not then
to the county general fund.

(4) The secretary of state, with the advice of the director of accounts
and reports, shall determine the correctness of each amount certified un-
der this section and adjust any discrepancies discovered before approving
vouchers for payment to any county.

Sec. 2. K.S.A. 25-106 is hereby amended to read as follows: 25-106.
(a) The provisions of this subsection shall apply to all counties in Kansas
located in the central time zone.

At all national, state, county and township primary and general elec-
tions the polls shall open at 7:00 a.m. and close at 7:00 p.m., unless dif-
ferent hours are set and publicly announced by the county election offi-
cer. ~~In the event that different hours are so~~ If different hours are set, the
polls shall be open at least ~~twelve (12)~~ 12 continuous hours commencing
not earlier than 6:00 a.m. and ending not later than 8:00 p.m. and ending
not earlier than 7:00 p.m. The secretary of state shall adopt rules and
regulations specifying the time and manner of setting and announcing any
change of hours under authority of this ~~section~~ subsection.

(b) The provisions of this subsection shall apply to all counties in
Kansas located in the mountain time zone.

At all national, state, county and township primary and general elec-
tions the polls shall open at 6:00 a.m. and close at 6:00 p.m., unless dif-
ferent hours are set and publicly announced by the county election officer.
If different hours are set, the polls shall be open at least 12 continuous
hours commencing not earlier than 5:00 a.m. and ending not later than
7:00 p.m. and ending not earlier than 6:00 p.m. The secretary of state
shall adopt rules and regulations specifying the time and manner of setting
and announcing any change of hours under authority of this subsection.

Sec. 3. K.S.A. 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 application for registration pursuant
to K.S.A. 25-2309, and amendments thereto, the judges shall reject such
person's vote.

(b) If a person is challenged pursuant to K.S.A. 25-414, and amend-
ments thereto, such person shall be permitted to subscribe the application
for registration and mark a ballot. The ballot shall thereupon be sealed
in an envelope. The judges shall write on the envelope the word ``provi-
sional'' and a statement of the reason for the challenge, and that the ballot
contained in the envelope is the same ballot which was challenged pur-
suant 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 appli-
cation for registration to the envelope containing the provisional ballot.
The envelope shall be numbered to correspond to the number of the
provisional voter's name in the registration or poll book, and the word
``provisional'' shall be written following the voter's name in the poll book.
Such provisional ballots, together with objected to and void ballots pack-
aged in accordance with K.S.A. 25-3008, and amendments thereto, shall
be ~~opened and~~ reviewed by the county board of canvassers at the time
prescribed for canvassing votes, and such board shall determine the ac-
ceptance or rejection of the same. The county board of canvassers shall
open all ballots deemed to be valid and include such ballots in the final
canvass of election returns.

Sec. 4. K.S.A. 25-106, 25-409 and 25-3107 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 18, 2001.
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