An Act concerning elections; relating to nominating petitions
and voting information; re-
lating to clean up amendments; amending K.S.A. 25-2020, 25-2110,
25-2110a, 25-2706,
25-4005 and 25-4324 and K.S.A. 2001 Supp. 25-2316c and 25-3102 and
repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-2020 is hereby
amended to read as follows: 25-
2020. (a) When a district method of election is in effect in any
school
district, a person may become a candidate for election to board
member
by any one of the following methods:
(1) Any person who is an elector in any
member district may petition
to be a candidate for board member from the member district in
which
such person resides. Any such person shall file with the county
election
officer, a petition for such candidacy signed by not less than 50
electors
residing in such member district or by a number of such electors
equal
to not less than 10% of the electors residing in such member
district,
whichever is less.
(2) Any person who is an elector in any
school district may petition
to be a candidate for board member at-large from the school
district in
which such person resides. Any such person shall file with the
county
election officer, a petition for such candidacy signed by not less
than 50
electors residing in such school district.
(3) Any person who is an elector in any
member district may become
a candidate for board member from the member district in which
such
person resides by filing with the county election officer a
declaration of
intention to become such a candidate, and payment therewith of a
filing
fee in the amount of $5. Such declaration shall be prescribed by
the
secretary of state.
(4) Any person who is an elector in any
school district may become
a candidate for board member at-large from the school district in
which
such person resides by filing with the county election officer a
declaration
of intention to become such a candidate, and payment therewith of
a
filing fee in the amount of $5. Such declaration shall be
prescribed by
the secretary of state.
(5) Any such petition or declaration
shall specify the member position
for which the person is a candidate.
(b) When the election at large method is
in effect in any school dis-
trict, a person may become a candidate for election to board member
by
either one of the following methods:
(1) Any person who is an elector of the
school district may petition
to be a candidate for board member. Any such person shall file with
the
county election officer a petition for such candidacy signed by not
less
than 50 electors residing in the school district.
(2) Any person who is an elector in the
unified school district may
become a candidate for board member by filing with the county
election
officer a declaration of intention to become such a candidate, and
pay-
ment therewith of a filing fee in the amount of $5. Such
declaration shall
be prescribed by the secretary of state.
(3) Any such petition or declaration
which is for an unexpired term
of a member shall so specify.
(c) Any such petition or declaration of
intent must be filed before the
filing deadline. No candidate shall be permitted to withdraw from
can-
didacy after the filing deadline.
(d) Within three days from the date of
the filing of a nomination petition or a declaration of intention to become a candidate for
board member, the county election officer shall determine the validity
of such petition or declaration.
(e) If a nomination petition or
declaration is found to be invalid, the county election officer shall notify the candidate on whose
behalf the pe- tition or declaration was filed that such nomination petition or
declaration has been found to be invalid and the reason for the finding.
Such candi- date may make objection to the finding of invalidity by the
county election officer in accordance with K.S.A. 25-308 and amendments
thereto.
Sec. 2. K.S.A. 25-2110 is hereby
amended to read as follows: 25-
2110. (a) In cities of the first and second class, any person
desiring to
become a candidate for a city office elected at large shall file
with the city
clerk before the filing deadline a statement of such candidacy on a
form
furnished by the county election officer as specified by the
secretary of
state. The city clerk of any city upon receiving any filing under
this section
shall record the same and transmit it, together with the filing fee
or pe-
tition herein provided, within three business days to the county
election
officer. In cities of the third class, any person desiring to
become a can-
didate for city office elected at large shall file with the county
election
officer of the county in which the city is located, or of the
county in which
the greater population of the city is located if the city extends
into more
than one county, or the city clerk, before the filing deadline a
statement
of candidacy on a form furnished by the county election officer as
spec-
ified by the secretary of state.
(b) In cities having a population of less
than 5,000, each such filing
shall be accompanied by a filing fee of $5 or, in lieu of such
filing fee, by
a petition signed by 25 qualified electors of the city or by a
number of
such qualified electors of the city equal to not less than 10% of
the ballots
cast at the last general city election, whichever is less.
(c) In cities having a population of not
less than 5,000 nor more than
100,000, each such filing shall be accompanied by a filing fee of
$10 or,
in lieu of such filing fee, by a petition signed by 50 qualified
electors of
the city or by a number of such qualified electors of the city
equal to not
less than 1% of the ballots cast and counted at the last general
city elec-
tion, whichever is less.
(d) In cities having a population of more
than 100,000, each such
filing shall be accompanied by a filing fee of $50; or, in lieu of
such filing
fee, by a petition signed by 100 qualified electors of the city or
by a
number of qualified electors of the city equal to 1% of the ballots
cast at
the last general city election, whichever is less.
(e) Within three days from the date of
the filing of a nomination petition or a declaration of intention to become a candidate for
a city office elected at large, the county election officer shall
determine the va- lidity of such petition or declaration.
(f) If a nomination petition or
declaration is found to be invalid, the county election officer shall notify the candidate on whose
behalf the pe- tition or declaration was filed that such nomination petition or
declaration has been found to be invalid and the reason for the finding.
Such candi- date may make objection to the finding of invalidity by the
county election officer in accordance with K.S.A. 25-308 and amendments
thereto.
(g) All city elections shall be
conducted by the county election officer
of the county in which such city is located, or of the county in
which the
greater population of the city is located if the city extends into
more than
one county.
Sec. 3. K.S.A. 25-2110a is hereby
amended to read as follows: 25-
2110a. (a) In cities of the first and second class, any person
desiring to
become a candidate for a city office elected from a district, shall
file with
the city clerk before the filing deadline a statement of such
candidacy on
a form furnished by the county election officer as specified by the
sec-
retary of state. The city clerk of any city upon receiving any
filing under
this section shall record the same and transmit it, together with
the filing
fee or petition herein provided, within three business days to the
county
election officer. In cities of the third class, any person desiring
to become
a candidate for a city office elected from a district, shall file
with the
county election officer of the county in which the city is located,
or in the
county in which the greater population of the city is located if
the city
extends into more than one county, or the city clerk, before the
filing
deadline, a statement of candidacy on a form furnished by the
county
election officer as specified by the secretary of state.
(b) In cities having a population of less
than 5,000, each such filing
shall be accompanied by a filing fee of $5 or, in lieu of such
filing fee, by
a petition signed by 25 qualified electors of the council district
or by a
number of such qualified electors of the district equal to not less
than
10% of the ballots cast in the district at the last general city
election,
whichever is less.
(c) In cities having a population of not
less than 5,000 nor more than
100,000, each such filing shall be accompanied by a filing fee of
$10 or,
in lieu of such filing fee, by a petition signed by 50 qualified
electors of
the council district or by a number of such qualified electors of
the district
equal to not less than 1% of the ballots cast in the district at
the last
general city election, whichever is less.
(d) In cities having a population of more
than 100,000, each such
filing shall be accompanied by a filing fee of $50; or, in lieu of
such filing
fee, by a petition signed by 100 qualified electors of the council
district
or by a number of qualified electors of the district equal to 1% of
the
ballots cast in the district at the last general city election,
whichever is
less.
(e) Within three days from the date of
the filing of a nomination petition or declaration of intention to become a candidate for a
city office elected from a district, the county election officer shall
determine the va- lidity of such petition or declaration.
(f) If a nomination petition or
declaration is found to be invalid, the county election officer shall notify the candidate on whose
behalf the pe- tition or declaration was filed that such nomination petition or
declaration has been found to be invalid and the reason for the finding.
Such candi- date may make objection to the finding of invalidity by the
county election officer in accordance with K.S.A. 25-308 and amendments
thereto.
(g) All city elections shall be
conducted by the county election officer
of the county in which such city is located, or of the county in
which the
greater population of the city is located if the city extends into
more than
one county.
Sec. 4. K.S.A. 25-2706 is hereby
amended to read as follows: 25-
2706. (a) The county election officer shall prepare and furnish
copies of
all registrations and all books, maps, instructions and blanks
needed for
the use and guidance of election boards and voters. County election
of-
ficers may adopt such rules and regulations for elections as may be
needed
and not in conflict with state law or rules and regulations. Such
rules and
regulations shall be submitted to the secretary of state for
approval.
(b) The county election officer shall
furnish printed instructions to
election boards, defining their duties and the law governing
elections.
(c) The county election officer shall
furnish printed instructions to
voters and a list of voters' rights and responsibilities
which shall be posted
in every voting place at every election, and wherever the secretary
of state
deems it advisable, the instructions and a list of voters'
rights and re- sponsibilities shall be printed in English and in a language
or languages
other than English.
(d) The secretary of state shall specify
the form and contents of in-
structions to voters, list of voters' rights and
responsibilities and instruc-
tions to election boards. Such specifications shall be transmitted
to county
election officers and may be changed from time to time by the
secretary
of state.
Sec. 5. K.S.A. 2001 Supp. 25-2316c
is hereby amended to read as
follows: 25-2316c. (a) When a registered voter changes name by
mar-
riage, 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 con-
dition that such voter first completes the application for
registration pre-
scribed by K.S.A. 25-2309, and amendments thereto. Completion of
the
application shall authorize the county election officer to update
the reg-
istration records, if appropriate, for voting in future elections.
The county
election officer shall send, by nonforwardable mail, a notice of
disposition
to any voter completing such application.
(b) When a registered voter changes
residence, such voter shall rer-
egister 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
mail, a
notice of disposition to any such voter. Whenever 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) (4)
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, or appears in information provided by the social
se-
curity administration, the county election officer shall remove
from the
registration books and the party affiliation lists in such
officer's office the
name of any person shown by such list or death certificate to be
deceased.
The county election officer shall not use or permit the use of such
lists
of deceased residents or copies for any other purpose than provided
in
this section.
(g) When the chief state election
official receives written notice of a
felony conviction in a United States district court, such official
shall notify
within five days the county election officer of the jurisdiction in
which
the offender resides. Upon notification of a felony conviction from
the
chief state election official, or from a county or district
attorney or a
Kansas district court, the county election officer shall remove the
name
of the offender from the registration records.
(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. 2001 Supp. 25-3102
is hereby amended to read as
follows: 25-3102. In the event that a member of the county
board of
canvassers shall die, be absent, or from any casualty be prevented
from
serving on such board, the remaining members of the county board
of
canvassers shall select an elector to serve on the county board of
can-
vassers in such member's place. If more than one member of the
county
board of canvassers shall die, be absent, or from any casualty be
prevented
from serving on the county board of canvassers, the remaining
member
or members of the board and the county election
officerin consultation with the county election officer shall
jointly select two electors to
serve in
their place. Functions and duties of the county election officer
may be
performed by the deputy of the county election officer in the
absence of
the county election officer.
Sec. 7. K.S.A. 25-4005 is hereby
amended to read as follows: 25-
4005. The nomination papers or petitions as mentioned in
K.S.A. 25-
4004, and amendments thereto, shall be in substantially the
following
form:
I, the undersigned, an elector of the county
of ________, and state of Kansas, and
a duly registered voter and a member of the ________ party,
hereby
nominate
(Here insert name and city)
and state of Kansas as a candidate for the office of governor, and
running with
such candidate ________
(Here insert name and city)
and state of Kansas as a candidate for the office of lieutenant
governor to be voted for at
the primary to be held on the first Tuesday in August in ________,
as representing the
principles of such party; and I further declare that I intend to
support the candidates herein
named and that I have not signed and will not sign any petition or
nomination paper for
any other persons, for such offices at the next ensuing
election.
(HEADING)
Name of
Signers
Street Number
or RR
(as Registered)
Name of
City
Date of
Signing
All nomination papers shall have substantially
the foregoing form, writ-
ten or printed at the top thereof. No signature shall be counted
unless it
is upon a sheet having such written or printed form at the top
thereof.
Each signer of a nomination paper shall sign
but one such paper for
governor and lieutenant governor, and shall declare that such
signer in-
tends to support the candidates therein named, and shall add to
the
signer's signature the signer's residence, if in a city, by street
and number
(if any); or, otherwise by address as shown on such signer's
registration.
No signature shall be counted unless the place of residence of the
signer
is clearly indicated and the date of signing given as herein
required and
if ditto marks are used to indicate address they shall be
continuous and
clearly made. Such sheets shall not be cut or pasted together.
All signers of each separate nomination paper
shall reside in the same
county. The affidavit of a registered voter who resides in
such county petition circulator who is a resident of the state of Kansas and
has the qualifications of an elector of the state of Kansas shall be
appended to
each such nomination paper, stating that to the best of such
voter'spe- tition circulator's knowledge and belief, all the signers
thereof are qual-
ified electors of that county; that the voterpetition circulator knows that
they signed the same with full knowledge of the contents thereof;
that
their respective residences are correctly stated therein; that each
signer
signed the same on the date stated opposite such signer's name, and
that
the affiant intends to support the candidates therein named. Such
affidavit
shall be prima facie evidence of the facts therein stated.
The person mak- ing such affidavit shall be duly registered.
Such nomination papers shall be signed by not
less than 1% of the total
vote of the party designated in the state. The basis of the
percentage shall
be the vote of the party for secretary of state at the last
preceding general
election of secretary of state; or, in case of a new party, the
basis of a
percentage shall be the vote cast for the successful candidate for
secretary
of state at the last preceding general election of secretary of
state.
Sec. 8. 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. 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 recall
committee receives notice that the county or district attorney has
deter-
mined 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. 9. K.S.A. 25-2020, 25-2110,
25-2110a, 25-2706, 25-4005 and 25-
4324 and K.S.A. 2001 Supp. 25-2316c and 25-3102 are hereby
repealed.
Sec. 10. This act shall take effect
and be in force from and after its
publication in the statute book.