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chapter-25•Chapter 25 — Elections
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
(a) On the Tuesday succeeding the first Monday in November of each even-numbered year, there shall be held a general election to elect officers as follows:
(1) At each alternate election, prior to the year in which the term of office of the president and vice-president of the United States will expire, there shall be elected the electors of president and vice-president of the United States to which the state may be entitled at the time of such election;
(2) at each such election, when the term of a United States senator for this state shall expire during the next year, there shall be elected a United States senator;
(3) at each such election there shall be elected the representatives in congress to which the state may be entitled at the time of such election;
(4) at each alternate election, prior to the year in which their regular terms of office will expire, there shall be elected a governor, lieutenant governor, secretary of state, attorney general, state treasurer and state commissioner of insurance;
(5) at each such election there shall be elected such members of the state board of education as provided by law;
(6) at each such election, when, in a judicial district in which judges of the district court are elected, the term of any district judge expires during the next year, or a vacancy in a district judgeship has been filled by appointment more than 30 days prior to the election, there shall be elected a district judge of such judicial district;
(7) at each such election, when, in a judicial district in which judges of the district court are elected, the term of any district magistrate judge expires during the next year, or a vacancy in a district magistrate judgeship has been filled by appointment more than 30 days prior to the election, there shall be elected a district magistrate judge of such judicial district;
(8) at each alternate election, prior to the year in which the regular term of office of state senators shall expire, there shall be elected a state senator in each state senatorial district;
(9) at each election there shall be elected a representative from each state representative district;
(10) at each alternate election there shall be elected, in each county, a county clerk, county treasurer, register of deeds, county or district attorney, sheriff and such other officers as provided by law; and
(11) at each election, when the term of county commissioner in any district in any county shall expire during the next year, there shall be elected from such district a county commissioner.
(b) This section shall apply to the filling of vacancies only so far as is consistent with the provisions of law relating thereto.
History: R.S. 1923, 25-101; L. 1965, ch. 164, § 17; L. 1968, ch. 406, § 59; L. 1976, ch. 146, § 40; L. 1976, ch. 123, § 7; L. 1976, ch. 179, § 3; L. 1986, ch. 115, § 69; L. 2011, ch. 49, § 16; July 1.
(a) On the Tuesday succeeding the first Monday in November in 1978, and each four years thereafter, there shall be elected a governor and lieutenant governor running together, a secretary of state, an attorney general, a state treasurer and a state commissioner of insurance.
(b) Every candidate for the office of secretary of state, attorney general, state treasurer or state commissioner of insurance shall be a qualified elector of the state of Kansas by the deadline for filing for such office as provided in K.S.A. 25-205, and amendments thereto.
(c) Every candidate for the office of governor and lieutenant governor shall be a qualified elector and shall be 25 years of age or older by the deadline for filing for such office as provided in K.S.A. 25-205, and amendments thereto.
(d) Every candidate for the office of attorney general must be licensed to practice law within the state of Kansas.
History: L. 1973, ch. 153, § 11; L. 1976, ch. 179, § 4; L. 2018, ch. 116, § 1; January 1, 2019.
(a) At the general election held in 1978 and each four years thereafter, there shall be elected a treasurer for the state of Kansas, whose term of office shall be four years beginning on the second Monday in January next succeeding such treasurer's election. In case of a vacancy in such office, within three calendar days after receiving a concurrent resolution adopted pursuant to K.S.A. 2025 Supp. 25-325, and amendments thereto, or a report submitted pursuant to K.S.A. 2025 Supp. 25-324, and amendments thereto, the governor shall appoint one of the three persons recommended as candidates in such concurrent resolution or report to serve for the unexpired term and until a successor is elected and qualified. No person shall be appointed pursuant to this section unless such person is a resident of this state and shall have been registered with the same political party for the immediately preceding six years as that of the state treasurer elected at the immediately preceding election for such office. If the state treasurer elected at the immediately preceding election for such office was not registered with any political party, then any suitable person who is a resident of this state may be appointed pursuant to K.S.A. 2025 Supp. 25-323 through 25-325, and amendments thereto.
(b) No person appointed pursuant to subsection (a) shall take office unless such appointment is certified by the secretary of state. The secretary shall not certify any person as being appointed to fill a vacancy in the office of treasurer for the state of Kansas unless such person is appointed in accordance with this section.
History: L. 1976, ch. 179, § 2; L. 2025, ch. 25, § 5; April 10.
History: G.S. 1868, ch. 36, § 1; R.S. 1923, 25-102; Repealed, L. 1968, ch. 406, § 145; April 30.
Revisor's Note: Section transferred to 25-2702.
History: G.S. 1868, ch. 36, § 4; R.S. 1923, 25-104; L. 1961, ch. 197, § 3; Repealed, L. 1968, ch. 406, § 145; April 30.
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 30 days before such election. Such notice shall be published in a paper or papers having circulation in such county. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. Such notice shall be published not less than 30 days prior to the election and shall remain on the website until the day after the election. 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 such information. When the names to appear on general election ballots are definitely known and not later than 50 days prior to any general election, 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 candidates.
History: R.S. 1923, 25-105; L. 1951, ch. 263, § 1; L. 1975, ch. 204, § 2; L. 1995, ch. 192, § 1; L. 1997, ch. 124, § 9; L. 2023, ch. 79, § 15; July 1.
(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 elections the polls shall open at 7:00 a.m. and close at 7:00 p.m., unless different 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 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 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 elections the polls shall open at 6:00 a.m. and close at 6:00 p.m., unless different 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.
History: L. 1917, ch. 182, § 1; R.S. 1923, 25-106; L. 1941, ch. 224, § 1; L. 1949, ch. 252, § 1; L. 1968, ch. 406, § 61; L. 2001, ch. 124, § 2; July 1.
All judges, clerks and voters shall be free from arrest, except for felony and breach of the peace, in going to, attending on and returning from elections.
History: G.S. 1868, ch. 36, § 63; October 31; R.S. 1923, 25-107.
That for the purpose of voting, no person who is in the employment of this state or any municipal subdivision thereof in any civil capacity shall be deemed to have gained or lost a residence by reason of such employment, but all such officers or employees shall be considered as residents of the place from whence they were elected or appointed.
History: L. 1903, ch. 232, § 1; June 1; R.S. 1923, 25-108.
Revisor's Note: Later act, see 25-119, 25-120.
History: L. 1893, ch. 78, § 1; L. 1897, ch. 129, § 1; L. 1909, ch. 133, § 1; R.S. 1923, 25-109; L. 1939, ch. 187, § 1; L. 1941, ch. 225, § 1; L. 1955, ch. 202, § 1; L. 1961, ch. 198, § 3; Repealed, L. 1963, ch. 227, § 5; June 30.
History: L. 1893, ch. 78, § 2; L. 1897, ch. 129, § 2; R.S. 1923, 25-110; Repealed, L. 1968, ch. 406, § 145; April 30.
(a) The offices held by the seven justices of the supreme court shall be separate and distinct offices, each to be filled by the selection of a candidate for that particular place.
(b) A separate ballot shall be used for election upon the question of retention of justices of the supreme court and such elections shall be conducted as provided in article 3, section 5 of the constitution of Kansas. Election laws applicable to the general elections of other state officers shall apply to elections upon the question of retention of justices of the supreme court to the extent the same are not in conflict with and are consistent with said article 3, section 5.
History: L. 1915, ch. 207, § 2; R.S. 1923, 25-111; L. 1968, ch. 406, § 62; L. 1977, ch. 130, § 1; July 1.
History: L. 1915, ch. 207, § 3; R.S. 1923, 25-112; Repealed, L. 1968, ch. 406, § 145; April 30.
(a) All ballots or votes cast at any election for any person holding the office of judge of the district court, or of justice of the supreme court, except as hereinafter provided, shall be deemed and held to be void, and shall not be counted by the judges and clerks at any election, nor by any canvassing board, nor shall any record of the same be made by any canvassing board, nor any certificate of election issued thereon.
(b) Ballots or votes may be cast for persons holding the office of judge of the district court for reelection to such office, or on the question of retention of any such judge in office, or for election to the office of senator or representative in the United States congress.
(c) Ballots or votes may be cast for justices of the supreme court on the question of retention of any such justice in office as provided by article 3, section 5 of the constitution of Kansas.
History: L. 1883, ch. 108, § 1; L. 1909, ch. 137, § 1; R.S. 1923, 25-113; L. 1968, ch. 406, § 63; L. 1974, ch. 137, § 16; L. 1977, ch. 130, § 2; July 1.
History: L. 1883, ch. 108, § 2; R.S. 1923, 25-114; Repealed, L. 1974, ch. 157, § 27; July 1.
History: R.S. 1923, 25-115; Repealed, L. 1977, ch. 131, § 1; July 1.
No political party:
(a) Which is directly or indirectly affiliated by any means whatsoever with the Communist party of the United States, the Communist international, or any other foreign agency, political party, organization or government; or
(b) which either directly or indirectly advocates, teaches, justifies, aids or abets the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state; or
(c) which directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the government of the United States or this state, shall be recognized, or qualified to participate, or permitted to have the names of its candidates printed on the ballot, in any election in this state.
History: L. 1941, ch. 231, § 1; June 30.
No newly organized political party shall be recognized or qualified to participate or permitted to have the names of its candidates printed on the ballot in any election in this state until it has filed an affidavit, by the officers of the party in the state, under oath that:
(a) It is not directly or indirectly affiliated by any means whatsoever with the Communist party of the United States, the Communist international, or any other foreign agency, political party, organization or government; or
(b) that it does not either directly or indirectly advocate, teach, justify, aid or abet the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state; or
(c) it does not directly or indirectly carry on, advocate, teach, justify, aid or abet a program of sabotage, force and violence, sedition or treason against the government of the United States or this state.
The affidavit herein provided for shall be filed with the secretary of state and he shall make such investigation as he may deem necessary to determine the character and nature of the political doctrines of such proposed new party, and if he finds that such proposed new party advocates doctrines or has affiliations which are in violation of the provisions of this act, he shall not permit such party to participate in the election.
History: L. 1941, ch. 231, § 2; June 30.
History: L. 1963, ch. 227, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
In all counties not having a county election commissioner, the expense of printing and distributing ballots and all other expenses connected with and that are necessary to provide for national, state, county, township, city and school primary and general elections shall be paid by the county. Expenses connected with registration and copies of registration lists by cities of the first and second classes shall be paid by such cities. Whenever it is provided by law that certain election expenses shall be paid or reimbursed by any city, school district, community junior college district or any public special district, this section shall not be construed to prevent such reimbursement.
History: L. 1963, ch. 227, § 2; L. 1968, ch. 406, § 64; April 30.
The expenses of elections in counties not having a county election commissioner shall be paid by the county out of the county general fund, or the board of county commissioners of any such county may levy a tax each year upon the taxable tangible property in the county for the payment of the election expenses, both direct and indirect, of elections for which it is provided by law shall be conducted by the county election officer or the county clerk and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Said levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within any specific or aggregate tax levy limit prescribed by K.S.A. 79-1947, or acts amendatory thereof.
History: L. 1963, ch. 227, § 3; L. 1968, ch. 406, § 65; L. 1979, ch. 52, § 137; July 1.
History: L. 1963, ch. 227, § 4; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1965, ch. 252, § 1; Repealed, L. 1968, ch. 55, § 28; April 30.
When a person is simultaneously elected to more than one office, such person may accept any such offices that are not incompatible with any other office accepted by such person. If a person accepts election to incompatible offices, the person shall be deemed to have accepted the office last accepted and to have declined any previously accepted incompatible office.
History: L. 1981, ch. 165, § 9; July 1.
County election officers, as defined in K.S.A. 25-2504, and amendments thereto, shall receive instruction relating to their duties in conducting official elections, including procedures for complying with federal and state laws and regulations. The form and content of the instruction shall be determined by the secretary of state.
History: L. 2004, ch. 25, § 16; July 1.
(a) The governor shall not have any authority to modify election laws or procedures by issuance of an executive order.
(b) Except as provided in subsection (c), neither the executive branch nor the judicial branch of state government shall have any authority to modify the state election laws.
(c) Neither the governor, the secretary of state nor any other officer in the executive branch shall enter into any consent decree or other agreement with any state or federal court or any agreement with any other party regarding the enforcement of any election law or the alteration of any election procedure without specific approval of such consent decree or other agreement by the legislature or the legislative coordinating council if the legislature is not in session at the time such agreement is submitted for approval.
(d) Nothing in this section shall be construed to limit or otherwise restrict the judicial branch of state government in the exercise of any powers granted by article 3 of the constitution of the state of Kansas.
(e) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the section that can be given effect without the invalid provision or application, and, to this end, the provisions of this section are severable.
History: L. 2021, ch. 97, § 1; L. 2022, ch. 96, § 1; July 1.
(a) The secretary of state shall be responsible for assisting and advising county election officers in conducting elections in compliance with federal and state laws and rules and regulations.
(b) Each county election officer shall be the sole public officer responsible for planning, conducting and coordinating elections held within such officer's county. Such officer shall be responsible for ensuring that all such elections comply with federal and state law and rules and regulations.
History: L. 2023, ch. 79, § 4; July 1.
No person shall serve as a county election officer if such person has been convicted of any crime described in chapter 25 of the Kansas Statutes Annotated, and amendments thereto, or of any crime in any other jurisdiction that is substantially the same as any such crime.
History: L. 2023, ch. 79, § 5; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the act and the application of such provision to other persons and circumstances shall not be affected thereby.
History: L. 2003, ch. 112, § 9; July 1.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 2021, ch. 96, § 9; July 1.
History: L. 1908, ch. 54, § 1; L. 1909, ch. 136, § 1; R.S. 1923, 25-201; Repealed, L. 1968, ch. 406, § 145; April 30.
(a) Except as otherwise provided in subsection (b) all candidates for national, state, county and township offices shall be nominated by: (1) A primary election held in accordance with article 2 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto; or (2) independent nomination petitions signed and filed as provided by existing statutes.
(b) Candidates for any of such offices who are members of any political party whose candidate for governor did not poll at least 5% of the total vote cast for all candidates for governor in the preceding general election shall not be entitled to nomination by primary election but shall be nominated by a delegate or mass convention according to article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto.
(c) No candidate for any national, state, county or township office shall file for office as a partisan candidate in a primary election and also file for office as an independent candidate for any national, state, county or township office in the general election immediately following.
(d) The provisions of article 2 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, shall not apply to the justices of the supreme court or to judges of the district court in judicial districts which have approved the proposition of nonpartisan selection of district court judges, as provided in K.S.A. 20-2901, and amendments thereto, nor to special elections to fill vacancies.
History: R.S. 1923, 25-202; L. 1953, ch. 195, § 1; L. 1955, ch. 203, § 1; L. 1968, ch. 406, § 66; L. 1974, ch. 137, § 17; L. 1984, ch. 137, § 1; L. 1989, ch. 106, § 2; July 1.
The primary national, state, county and township election shall be held on the first Tuesday of August in even-numbered years for the nomination of all candidates to be voted for at the next following general election.
History: L. 1908, ch. 54, § 3; L. 1909, ch. 136, § 2; R.S. 1923, 25-203; L. 1927, ch. 201, § 1; L. 1933, ch. 184, § 1; L. 1943, ch. 104, § 1; L. 1968, ch. 406, § 67; L. 1992, ch. 237, § 1; L. 2023, ch. 79, § 16; July 1.
On or before April second in even-numbered years before the time of holding the statewide primary election, the secretary of state shall prepare and transmit to each county election officer a notice in writing, designating the offices for which candidates are to be nominated at such statewide primary election. Upon receipt of such notice each county election officer shall forthwith publish so much thereof as may be applicable to his county, once each week for three consecutive weeks, in the official county paper. Such notice so published shall state the time when such primary election will be held, together with the offices for which candidates are to be nominated.
History: R.S. 1923, 25-204; L. 1935, ch. 171, § 1; L. 1943, ch. 103, § 3; L. 1968, ch. 406, § 68; April 30.
(a) Except as otherwise provided in this section, the names of candidates for national, state, county and township offices shall be printed upon the official primary ballot when each shall have qualified to become a candidate by one of the following methods and none other: (1) They shall have had filed in their behalf, not later than 12 noon, June 1, prior to such primary election, or if such date falls on Saturday, Sunday or a holiday, then before 12 noon of the next following day that is not a Saturday, Sunday or a holiday, nomination petitions, as provided for in this act; or (2) they shall have filed not later than the time for filing nomination petitions, as above provided, with the proper officer a declaration of intention to become a candidate, accompanied by the fee required by law. Such declaration shall be prescribed by the secretary of state.
(b) Nomination petitions 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 ______________ party, hereby nominate ______________, who resides in the township of ______________ (or at number ________ on ______________ street, city of ______________), in the county of ______________ and state of Kansas, as a candidate for the office of (here specify the office) ______________, to be voted for at the primary election 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 candidate herein named and that I have not signed and will not sign any nomination petition for any other person, for such office at such primary election.
| (HEADING) | | | | | --- | --- | --- | --- | | Name of Signers. | Street Number or Rural Route (as registered). | Name of City. | Date of Signing. |
All nomination petitions shall have substantially the foregoing form, written 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.
(c) Each signer of a nomination petition shall sign but one such petition for the same office, and shall declare that such person intends to support the candidate therein named, and shall add to such person's signature and residence, if in a city, by street and number (if any); or, otherwise by post-office address. 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.
(d) All signers of each separate nomination petition shall reside in the same county and election district of the office sought. The affidavit described in this paragraph of a petition circulator as defined in K.S.A.
25-3608, and amendments thereto, or of the candidate shall be appended to each petition and shall contain, at the end of each set of documents carried by each circulator, a verification, signed by the circulator or the candidate, to the effect that such circulator or the candidate personally witnessed the signing of the petition by each person whose name appears thereon.
(e) Except as otherwise provided in subsection (g), nomination petitions shall be signed:
(1) If for a state officer elected on a statewide basis or for the office of United States senator, by voters equal in number to not less than 1% of the total of the current voter registration of the party designated in the state as compiled by the office of the secretary of state;
(2) if for a state or national officer elected on less than a statewide basis, by voters equal in number to not less than 2% of the total of the current voter registration of the party designated in such district as compiled by the office of the secretary of state, except that for the office of district magistrate judge, by not less than 2% of the total of the current voter registration of the party designated in the county in which such office is to be filled as certified to the secretary of state in accordance with K.S.A.
25-3302, and amendments thereto;
(3) if for a county office, by voters equal in number to not less than 3% of the total of the current voter registration of the party designated in such district or county as compiled by the county election officer and certified to the secretary of state in accordance with K.S.A.
25-3302, and amendments thereto; and
(4) if for a township office, by voters equal in number to not less than 3% of the total of the current voter registration of the party designated in such township as compiled by the county election officer and certified to the secretary of state in accordance with K.S.A.
25-3302, and amendments thereto.
(f) Subject to the requirements of K.S.A.
25-202, and amendments thereto, any political organization filing nomination petitions for a majority of the state or county offices, as provided in this act, shall have a separate primary election ballot as a political party and, upon receipt of such nomination petitions, the respective officers shall prepare a separate state and county ballot for such new party in their respective counties or districts thereof in the same manner as is provided for existing parties.
(g) In any year in which districts are reapportioned for the offices of representative in the United States congress, senator and representative in the legislature of the state of Kansas or member of the state board of education:
(1) If new boundary lines are defined and districts established in the manner prescribed by law on or before May 10, nomination petitions for nomination to such offices shall be signed by voters equal in number to not less than 1% of the total of the current voter registration of the party designated in the district as compiled by the office of the secretary of state.
(2) If new boundary lines are defined and districts established in the manner prescribed by law on or after May 11, nomination petitions for nomination to the following offices shall be signed by registered voters of the party designated in the district equal in number to not less than the following:
(A) For the office of representative in the United States congress 1,000 registered voters;
(B) for the office of member of the state board of education 300 registered voters;
(C) for the office of state senator 75 registered voters; and
(D) for the office of state representative 25 registered voters.
(h) In any year in which districts are reapportioned for the offices of representative in the United States congress, senator and representative in the legislature of the state of Kansas or member of the state board of education:
(1) If new boundary lines are defined and districts established in the manner prescribed by law on or before May 10, the deadline for filing nomination petitions and declarations of intention to become a candidate for such office, accompanied by the fee required by law, shall be 12 noon on June 1, or if such date falls on a Saturday, Sunday or a holiday, then before 12 noon of the next following day that is not a Saturday, Sunday or holiday.
(2) If new boundary lines are defined and districts established in the manner prescribed by law on or after May 11, the deadline for filing nomination petitions and declarations of intention to become a candidate for such office, accompanied by the fee required by law, shall be 12 noon on June 10, or if such date falls on a Saturday, Sunday or holiday, then before 12 noon of the next day that is not a Saturday, Sunday or holiday.
(i) Primary elections for candidates for municipal office shall be held when otherwise required by law. The names of candidates for municipal offices shall be printed upon the official primary ballot in odd-numbered year elections and in even-numbered years when needed. Persons shall become qualified to become a candidate by one of the following methods:
(1) They shall have filed, not later than 12 noon, on June 1, prior to such primary election, or if such date falls on Saturday, Sunday or a holiday, then before 12 noon of the next following day that is not a Saturday, Sunday or a holiday, nomination petitions, as otherwise provided by law; or
(2) they shall have filed, not later than the time for filing nomination petitions, as above provided, with the proper officer a declaration of intention to become a candidate, accompanied by the $20 fee required by law. Such declaration shall be prescribed by the secretary of state as provided in K.S.A.
25-21a03, and amendments thereto.
History: R.S. 1923, 25-205; L. 1968, ch. 406, § 69; L. 1970, ch. 133, § 1; L. 1971, ch. 125, § 1; L. 1972, ch. 127, § 1; L. 1973, ch. 134, § 30; L. 1976, ch. 180, § 1; L. 1979, ch. 105, § 1; L. 1981, ch. 164, § 1; L. 1982, ch. 154, § 2; L. 1983, ch. 120, § 1; L. 1988, ch. 119, § 1; L. 1989, ch. 106, § 3; L. 1990, ch. 120, § 1; L. 1992, ch. 194, § 1; L. 1992, ch. 237, § 2; L. 1998, ch. 195, § 2; L. 2001, ch. 81, § 1; L. 2001, ch. 211, § 4; L. 2011, ch. 47, § 1; L. 2011, ch. 112, § 4; L. 2014, ch. 98, § 2; L. 2015, ch. 88, § 29; July 1.
(a) Except as provided in subsection (b), when a candidate in lieu of nomination petitions files a declaration of intention to become a candidate for any national, state, county or township office, the accompanying fee shall be in an amount as follows: For the office of United States senator, United States representative from any district or at large, all state offices, and all county offices, where the salary is over $1,000 per year, a sum equal to 1% of one year's salary as determined by the secretary of state for state and national offices, and as determined by the county election officer for county offices. For all county offices where the salary is $1,000 or less, a fee of $5; for a state senator, $75; for representatives, $50; for all township offices, $1. Nothing in this act shall be construed as requiring any fee of a candidate filing a declaration of intention to become a candidate for precinct committeeman or precinct committeewoman. The officer receiving the funds shall turn them over to the state treasurer, if deposited with the secretary of state, or to the county treasurer, if deposited with the county election officer, and the funds shall become a part of the general fund of the respective government.
Such declaration shall be prescribed by the secretary of state and shall be attested before a county election officer or deputy county election officer in the case of county and township offices, and before a county election officer, the secretary of state or a deputy of one of such officers in the case of state and national offices, and a notary public in the case of precinct committeemen and committeewomen.
(b) When a candidate for the office of district magistrate judge, in lieu of nomination petitions, files a declaration of intention to become a candidate for such office, the declaration shall be in the same form and subject to the same method of attestation as provided for other state officers in subsection (a) and the required fee to accompany the declaration shall be $100.
History: R.S. 1923, 25-206; L. 1961, ch. 199, § 1; L. 1968, ch. 406, § 70; L. 1970, ch. 134; § 1; L. 1976, ch. 180, § 2; L. 1980, ch. 94, § 11; L. 1986, ch. 115, § 70; L. 1989, ch. 106, § 4; July 1.
History: L. 1919, ch. 190, § 1; R.S. 1923, 25-207; Repealed, L. 1968, ch. 406, § 145; April 30.
All nomination petitions and declarations of candidates shall be filed as follows: (1) For state officers, United States senator, representatives in congress, in the office of the secretary of state. (2) For all county and township officers and precinct committeemen and committeewomen, in the office of the county election officer.
History: R.S. 1923, 25-208; L. 1935, ch. 172, § 1; L. 1968, ch. 406, § 71; L. 1989, ch. 107, § 1; July 1.
(a) Within 10 days, Saturdays, Sundays and holidays not included, from the date of the filing of nomination petitions or a declaration of intention to become a candidate for United States senator or representative or for state office, the secretary of state shall determine the validity of such petitions or declaration.
The secretary of state shall send a copy of all petitions to the county election officer of the county of the district in which the nomination petition was passed. The county election officer shall check the petitions only for valid signatures and certify the results of such check to the secretary of state within 10 days, including Saturdays, Sundays and holidays, of the date the petitions were filed with the secretary. The secretary of state upon receipt of the validated petition from the county election officer shall notify the candidate of the validity of the petition.
(b) Within three days from the date of the filing of nomination petitions or a declaration of intention to become a candidate for county or township office or for precinct committeeman or committeewoman, the county election officer shall determine the validity of such petitions or declaration. The county election officer shall verify the party affiliation of the candidate at the time a declaration of intention is filed to become a candidate for precinct committeeman or committeewoman.
(c) If any nomination petitions or declarations are found to be invalid, the secretary of state or the county election officer, as the case may be, shall notify the candidate on whose behalf the petitions or declaration was filed that such nomination petitions or declaration have been found to be invalid and the reason for the finding. Such candidate may make objection to the finding of invalidity by the secretary of state or the county election officer in accordance with K.S.A. 25-308, and amendments thereto.
History: L. 1978, ch. 135, § 1; L. 1989, ch. 107, § 2; L. 1990, ch. 121, § 1; L. 2011, ch. 56, § 16; L. 2011, ch. 112, § 9; L. 2023, ch. 79, § 17; July 1.
History: R.S. 1923, 25-208; L. 1935, ch. 172, § 1; L. 1968, ch. 406, § 71; L. 1989, ch. 106, § 5; Repealed, L. 1990, ch. 121, § 3; July 1.
History: L. 1978, ch. 135, § 1; L. 1989, ch. 106, § 6; Repealed, L. 1990, ch. 121, § 3; July 1.
(a) As soon as possible after the filing deadline, the secretary of state shall certify to each county election officer the name and post-office address of each person who has filed valid nomination petitions or a declaration of intent to become a candidate for United States senator or representative or for state office, together with the designation of the office for which each is a candidate and the party or principle which the candidate represents.
(b) The county election officer shall, upon receipt thereof, publish for three consecutive weeks in the official paper, a notice which shall set forth under the proper party designation, the title of each national, state, county and township office any part of the district of which is in the county, the names and addresses of all persons certified by the secretary of state as candidates for any national or state office any part of the district of which is in the county and, in addition thereto, the names and addresses of all persons from whom valid nomination papers or declarations have been filed in the county election officer's office, giving the name and address of each, the day of the primary election, the hours during which the polls will be open and stating that the primary election will be held at the regular voting places. Where such voting places are not well established and customarily known the published notice herein provided for shall give the location of such voting places.
(c) The secretary of state and county election officers shall utilize the procedures established in this section to the extent applicable for municipal elections conducted in the fall of both odd-numbered and even-numbered years when needed.
History: R.S. 1923, 25-209; L. 1968, ch. 406, § 72; L. 1973, ch. 153, § 12; L. 1978, ch. 135, § 2; L. 1979, ch. 105, § 2; L. 2015, ch. 88, § 30; July 1.
(a) The official primary election ballot for national and state offices and the official primary election ballot for county and township offices of each political party shall be arranged on the ballot, printed, voted, and canvassed in the same manner as is now or hereafter provided by law for the arrangement, printing, voting, and canvassing of official general ballots for national and state offices and official general ballots for county and township offices, except as otherwise provided by law.
(b) The official primary election ballot for municipal elections in odd-numbered years shall be arranged and printed by the county election officer.
History: L. 1908, ch. 54, § 8; L. 1915, ch. 204, § 4; R.S. 1923, 25-210; L. 1968, ch. 406, § 73; L. 1981, ch. 165, § 1; L. 2015, ch. 88, § 31; July 1.
The county election officer shall, at least 50 days prior to the primary election, mail to each person whose name is to appear on the official ballot in such county and to the chairpersons of the political parties of such county a list of those candidates whose names will be printed on the national, state, county and township primary election ballots, including the office, the candidate's name, the city where the candidate resides and the candidate's political party, as such information will appear on the primary election ballot. The chairperson of each political party or any candidate may, on or before the 45th day preceding such primary election, suggest to the county election officer any changes to the ballot, and, if upon examination the county election officer shall find any error or omission in such ballot, the county election officer shall correct the ballot and cause such ballot to be printed and distributed as required by law in the case of ballots for the national, state, county and township general election. The number of ballots of each party to be furnished to each precinct shall be adequate in the opinion of the county election officer.
History: L. 1908, ch. 54, § 9; L. 1909, ch. 136, § 3; L. 1915, ch. 204, § 5; R.S. 1923, 25-211; L. 1968, ch. 406, § 74; L. 2023, ch. 79, § 18; July 1.
(a) In case there are nomination petitions or declarations of intention to become a candidate on file for more than one candidate or for more than one pair of candidates for governor and lieutenant governor, of the same party for any national or state office, the secretary of state shall divide the state or appropriate part thereof, into as many divisions as there are names to go on such party ballot for that office. Such divisions shall be as nearly equal in number of members of such party as is convenient without dividing any one county. In making such division the secretary of state shall take the alphabetical list of counties in regular order until the secretary of state gets the required proportion of party members of such party based upon the party affiliation lists as shown by the certificates of the respective county election officers, and so on through the list of counties until the secretary of state gets the proper proportion of party members in each division. The secretary of state shall also take the alphabetical list of candidates or pairs of candidates in regular order and in certifying to the county election officer the list of names for whom nomination petitions or declarations of intent to become a candidate have been filed, shall place one name or pair of candidates at the head of the list in the first division of counties, another in the second division, and so on with all the candidates for any particular office, so that every candidate or pair of candidates for any office shall be at the head of the list in one division of the state and second in another division thereof, and so forth. When, in the case of candidates for the office of congressman, district judge, district magistrate judge, state senator, state representative or state board of education member, the secretary of state finds that the secretary of state cannot get a fair proportion of party members to give each candidate for congressman, district judge, district magistrate judge, state senator, state representative or state board of education member in any given district an equitable or fair opportunity to have the candidate's name first on the ballot in the respective counties of the district, the secretary of state shall order the county election officers in the various counties of the district to rotate the names of the candidates for such district offices according to precinct. If voting machines are used the arrangement of names of candidates or pair of candidates for all offices on the voting machines shall be rotated, as near as may be, according to precinct.
The arrangement of the names certified by the secretary of state shall govern the county election officer in arranging the primary election ballot, and the county election officer in preparing the ballot for such officer's county shall follow the same arrangement as provided in this section for the secretary of state, for the candidates nominated for county offices, using the township and precincts of the county in making the division.
(b) The secretary of state by rules and regulations adopted on or before July 1, 2016, shall establish the arrangement of names as provided by law for the official primary ballot for municipal elections.
History: L. 1909, ch. 136, § 4; L. 1915, ch. 204, § 6; R.S. 1923, 25-212; L. 1961, ch. 200, § 1; L. 1966, ch. 5, § 1 (Special Session); L. 1968, ch. 406, § 75; L. 1972, ch. 128, § 1; L. 1973, ch. 153, § 13; L. 1976, ch. 181, § 1; L. 1986, ch. 115, § 71; L. 2015, ch. 88, § 32; July 1.
(a) At all national and state primary elections, the national and state offices as specified for each in this section shall be printed upon the official primary election ballot for national and state offices and the county and township offices as specified for each in this section shall be printed upon the official primary election ballot for county and township offices.
(b) The official primary election ballots shall have the following heading:
OFFICIAL PRIMARY ELECTION BALLOT
______________ Party
To vote for a person whose name is printed on the ballot make a cross or check mark in the square at the left of the person's name. To vote for a person whose name is not printed on the ballot, write the person's name in the blank space, if any is provided, and make a cross or check mark in the square to the left.
The words national and state or the words county and township shall appear on the line preceding the part of the form shown above.
The form shown shall be followed by the names of the persons for whom nomination petitions or declarations have been filed according to law for political parties having primary elections, and for the national and state offices in the following order: United States senator, United States representative from _____ district, governor and lieutenant governor, secretary of state, attorney general, state treasurer, commissioner of insurance, senator _____ district, representative _____ district, district judge _____ district, district magistrate judge ____ district, district attorney _____ judicial district, and member state board of education _____ district. For county and township offices the form shall be followed by the names of persons for whom nomination petitions or declarations have been filed according to law for political parties having primary elections in the following order: Commissioner ____ district, county clerk, treasurer, register of deeds, county attorney, sheriff, township trustee, township treasurer, township clerk. When any office is not to be elected, it shall be omitted from the ballot. Other offices to be elected but not listed shall be inserted in the proper places. For each office there shall be a statement of the number to vote for.
To the left of each name there shall be printed a square. Official primary election ballots may be printed in one or more columns. The names certified by the secretary of state or county election officer shall be printed on official primary election ballots and no others. In case there are no nomination petitions or declarations on file for any particular office, the title to the office shall be printed on the ballot followed by a blank line with a square, and such title, followed by a blank line, may be printed in the list of candidates published in the official paper. No blank line shall be printed following any office where there are nomination petitions or declarations on file for the office except following the offices of precinct committeeman and precinct committeewoman.
(c) Except as otherwise provided in this section, no person's name shall be printed more than once on either the official primary election ballot for national and state offices or the official primary election ballot for county and township offices. No name that is printed on the official primary election ballot as a candidate of a political party shall be printed or written in as a candidate for any office on the official primary election ballot of any other political party. If a person is a candidate for the unexpired term for an office, the person's name may be printed on the same ballot as a candidate for the next regular term for such office. The name of any candidate on the ballot may be printed on the same ballot as such candidate and also as a candidate for precinct committeeman or committeewoman. No name that is printed on the official primary election ballot for national and state offices shall be printed or written in elsewhere on the ballot or on the official primary election ballot for county and township offices except for precinct committeeman or committeewoman. No name that is printed on the official primary election ballot for county and township offices shall be printed or written in on the official primary election ballot for national and state offices or elsewhere on the county and township ballot except for precinct committeeman or committeewoman.
(d) No person shall be elected to the office of precinct committeeman or precinct committeewoman where no nomination petitions or declarations have been filed, unless the person receives at least five write-in votes, resides in such precinct, is a qualified elector and is a member of such party as shown by the party affiliation list maintained in the county election office. As a result of a primary election, no person shall receive the nomination and no person's name shall be printed on the official general election ballot when no nomination petitions or declarations were filed, unless the person receives votes equal in number to not less than 5% of the total of the current voter registration designated in the state, county or district in which the office is sought, as compiled by the office of the secretary of state, except that a candidate for township office may receive the nomination and have such person's name printed on the ballot where no nomination petitions or declarations have been filed if such candidate receives three or more write-in votes. No such person shall be required to obtain more than 5,000 votes.
(e) The secretary of state by rules and regulations shall develop the official ballot for municipal elections in odd-numbered year elections.
(f) A person who won the primary election as a result of the person's name being written in on the primary ballot shall have such person's name printed on the official general election ballot for national, state, county, township or municipal office, unless the person notifies, in writing, the secretary of state for national or state office or the county election office for all other offices within 10 days following the canvass of the primary election that the person does not want such person's name on the official general election ballot.
History: R.S. 1923, 25-213; L. 1957, ch. 228, § 1; L. 1961, ch. 200, § 2; L. 1965, ch. 164, § 18; L. 1968, ch. 406, § 76; L. 1973, ch. 149, § 1; L. 1975, ch. 204, § 3; L. 1976, ch. 181, § 2; L. 1977, ch. 132, § 1; L. 1978, ch. 136, § 1; L. 1981, ch. 165, § 2; L. 1985, ch. 118, § 12; L. 1986, ch. 115, § 72; L. 1991, ch. 98, § 1; L. 1993, ch. 287, § 1; L. 1995, ch. 192, § 2; L. 2001, ch. 81, § 2; L. 2007, ch. 196, § 1; L. 2015, ch. 88, § 33; L. 2017, ch. 49, § 1; L. 2023, ch. 79, § 19; July 1.
Notwithstanding any provision of K.S.A. 25-213, and amendments thereto, there shall be printed upon the official primary election ballots the following heading (in lieu of the heading otherwise provided by law) when the governor and lieutenant governor are to be nominated:
OFFICIAL PRIMARY ELECTION BALLOT
______________ Party
"To vote for persons for governor and lieutenant governor whose names are printed on the ballot make a cross or check mark in the square to the left of the names of the persons running together for such offices.
"To vote for a person (except governor and lieutenant governor) whose name is printed on the ballot make a cross or check mark in the square to the left of the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write such person's name in the blank space provided for the purpose and make a cross or check mark in the square to the left."
After the names of each office, there shall be a statement of the number of candidates to vote for, for the particular office, and for one pair of governor and lieutenant governor candidates running together. When the governor, lieutenant governor, secretary of state, attorney general, state treasurer and commissioner of insurance are not to be nominated, no reference to those offices shall appear on the ballot.
To the left of governor and lieutenant governor running together, one square shall be printed to the left of the names of each pair running together. No blank lines shall be printed following the offices of governor and lieutenant governor.
History: L. 1973, ch. 153, § 14; L. 1978, ch. 137, § 1; L. 1993, ch. 287, § 2; July 1.
The provisions of existing statutes concerning elections, and any amendment now or hereafter made thereto, so far as the same are consistent with provisions of law relating to primary elections, shall apply to primary elections, the intent being to place primary elections under the regulations and protections in all respects of the laws in force as to the general elections.
History: L. 1908, ch. 54, § 10; L. 1915, ch. 204, § 8; R.S. 1923, 25-214; L. 1929, ch. 177, § 1; L. 1968, ch. 406, § 77; April 30.
(1) No person shall be entitled to vote at any national, state, county or township primary election unless he or she is a resident of the voting area, a citizen of the United States, at least eighteen (18) years of age, and duly registered. (2) The provisions as to registration required by existing statutes, and by any amendment now or hereafter made thereto, shall apply to such primary elections.
History: L. 1908, ch. 54, § 11; R.S. 1923, 25-215; L. 1957, ch. 229, § 1; L. 1968, ch. 406, § 78; L. 1972, ch. 132, § 9; L. 1977, ch. 133, § 1; July 1.
The right of any person to vote at any national, state, county and township primary election may be challenged by any elector upon the same ground and his right to vote be determined in the same manner as at a national, state, county and township general election, except as otherwise provided herein.
If the person offering such person's vote is challenged as unqualified on the ground that the person is not a member of the party announced by such person, the person shall make and subscribe an affidavit in the following form, which shall be presented to and retained by the election board, and returned by the supervising judge with the poll list:
STATE OF KANSAS, COUNTY OF ________, ss.
I, ______________, am a registered voter in this jurisdiction and I am qualified to vote in this election. I am affiliated with the ________ party; I have not signed the petition of a member of any other party who is seeking a nomination at this primary election; and I have not signed the nominating petition of an independent candidate for any office for which candidates are to be voted for at this primary election.
I declare under penalty of perjury that the foregoing is true and correct, this ____ day of __________, A.D. ______.
_______________, Voter
_______________,
Judge of Election.
History: L. 1908, ch. 54, § 12; R.S. 1923, 25-216; L. 1968, ch. 406, § 79; L. 1969, ch. 185, § 2; L. 1972, ch. 132, § 1; L. 2000, ch. 56, § 1; L. 2004, ch. 25, § 1; July 1.
Revisor's Note: Section transferred to 25-3005.
Revisor's Note: Section transferred to 25-3205.
History: L. 1908, ch. 54, § 15; L. 1913; ch. 191, § 1; R.S. 1923, 25-219; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1908, ch. 54, § 16; R.S. 1923, 25-220; L. 1941, ch. 226, § 1; L. 1947, ch. 245, § 1; L. 1966, ch. 5, § 2 (Special Session); L. 1968, ch. 406, § 82; Repealed, L. 1972, ch. 131, § 11; March 24.
History: L. 1908, ch. 54, § 17; R.S. 1923, 25-221; L. 1937, ch. 224, § 1; L. 1957, ch. 230, § 1; L. 1961, ch. 201, § 1; L. 1967, ch. 207, § 1; Repealed, L. 1972, ch. 129, § 12; July 1.
Revisor's Note: Later act, see chapter 25, article 38.
History: L. 1937, ch. 224, § 2; Repealed, L. 1972, ch. 129, § 12; July 1.
History: R.S. 1923, 25-222; Repealed, L. 2023, ch. 79, § 65; July 1.
All ballots and other supplies to be used at any national, state, county and township primary election, and all expenses necessarily incurred in the preparation for or conducting such primary elections, shall be paid out of the treasury of the county or state, as in the case of national, state, county and township general elections. The printing and distribution of the ballots shall be under the charge and control of the county election officer.
History: L. 1908, ch. 54, § 19; R.S. 1923, 25-223; L. 1968, ch. 406, § 83; April 30.
History: L. 1908, ch. 54, § 20; R.S. 1923, 25-224; L. 1965, ch. 241, § 1; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1957, ch. 230, § 2; Repealed, L. 1974, ch. 157, § 27; July 1.
Revisor's Note: Section transferred to 25-3301.
Revisor's Note: Section transferred to 25-3303.
Revisor's Note: Section transferred to 25-3304.
History: L. 1927, ch. 203, § 4; Repealed, L. 1937, ch. 225, § 1; June 30.
Revisor's Note: Section transferred to 25-3305.
History: L. 1943, ch. 156, § 1; L. 1951, ch. 264, § 1; L. 1968, ch. 406, § 88; Repealed, L. 1972, ch. 131, § 11; March 24.
All nominations made by political parties shall be known and designated as "party nominations," and the certificates by which such nominations are certified shall be known and designated as "party certificates of nomination." Party nominations of candidates for public office can be made only by a delegate or mass convention, primary election or caucus of qualified voters belonging to one political party having a national or state organization. Each political party that is a recognized political party in accordance with K.S.A. 25-302a, and amendments thereto, shall adopt procedures to select presidential electors and select presidential electors in accordance with such procedures. Party nominations for governor and lieutenant governor can be made only by a delegate or mass convention of qualified electors belonging to a political party having a national or state organization and any such political party must be one that is not permitted to nominate its candidates by primary election, and such nominations shall be made with the candidates being selected so that each convention vote shall be made for a candidate for governor and a candidate for lieutenant governor running together. Party nominations so made shall, subject to the provisions of this act, be placed upon the official general ballot.
History: L. 1893, ch. 78, § 3; L. 1897, ch. 129, § 3; L. 1901, ch. 177, § 1; R.S. 1923, 25-301; L. 1961, ch. 200, § 3; L. 1968, ch. 406, § 89; L. 1973, ch. 153, § 15; L. 1979, ch. 106, § 1; L. 2023, ch. 24, § 1; July 1.
(a) Any recognized political party, except those authorized to participate in a primary election pursuant to K.S.A. 25-202, and amendments thereto, may by means of a delegate or mass convention or caucus of qualified voters belonging to such party for the state or municipality, or any lawfully organized portion of either, for which such convention or caucus is held, nominate one person for each office that is to be filled at the next ensuing election. Subject to the provisions of this act, such political party shall file a certificate of such nominations so made. A convention or caucus for nominating persons for national, state, district or county offices shall be called by the state chairperson of the party, or if there be no state chairperson by the party's candidate for governor at the preceding general election.
(b) Each certificate of nomination shall be signed by the presiding officer and the secretary of the convention or caucus making such nominations. The persons signing the certificates shall include each such person's place of residence with each such person's signature, and shall make and subscribe an oath that, to the best of such person's knowledge and belief, such certificates and the statements therein made are true. A certificate that such oath has been taken and administered shall be made and signed on such certificate of nomination by the officer before whom such oath was taken.
(c) A person listed on a certificate of nomination shall submit a signed declaration stating that such person accepts the nomination of the party submitting such certificate of nomination for the designated office. Such declaration shall be acknowledged by an individual authorized to perform notarial acts in this state pursuant to K.S.A. 53-5a10, and amendments thereto. No person shall be a party's nominee pursuant to this section until such declaration is submitted in accordance with this act.
History: L. 1893, ch. 78, § 4; L. 1897, ch. 129, § 4; L. 1901, ch. 177, § 2; R.S. 1923, 25-302; L. 1955, ch. 204, § 1; L. 1984, ch. 137, § 2; L. 2025, ch. 104, § 1; July 1.
Any political party seeking official recognition in this state after the effective date of this act shall file in its behalf, not later than 12 noon, June 1, prior to the primary election held on the first Tuesday of August in even-numbered years, or if such date falls on a Saturday, Sunday or a holiday, then before 12 noon of the next following day that is not a Saturday, Sunday or a holiday petitions signed by qualified electors equal in number to at least 2% of the total vote cast for all candidates for the office of governor in the state in the last preceding general election. Such petitions shall declare support for the official recognition of a political party, the name of which shall be stated in the declaration. No political party seeking official recognition shall assume a name or designation which, in the opinion of the secretary of state, is unreasonably lengthy or so similar to the name or designation of an existing political party as to confuse or mislead the voters at an election.
Petitions seeking official recognition of a political party shall be substantially in the following form:
PETITION SEEKING THE OFFICIAL RECOGNITION OF THE ____________ PARTY IN THE STATE OF KANSAS
I, the undersigned, hereby declare my support for the official recognition of the __________________ Party.
I have personally signed this petition; I am a registered elector of the state of Kansas and the County of _________________, and my residence address is correctly written after my name.
| NAME OF SIGNER | ADDRESS AS REGISTERED | CITY | DATE OF SIGNING | | --- | --- | --- | --- |
Appended to each petition page or set of pages shall be an affidavit by the petition circulator as defined in K.S.A. 2025 Supp. 25-3608, and amendments thereto, of the petition affirming that such circulator personally witnessed the signing of the petition by each person whose name appears thereon. The affidavit shall be executed before a person authorized to administer oaths and include the address of the circulator.
Each page of such petition shall bear the names of registered voters of a single county. All petitions shall be grouped according to the county in which each was circulated before being filed with the secretary of state. All such petitions shall be filed at one time. Any related petitions presented thereafter will be deemed to be separate and not a part of earlier filings. County election officers shall cooperate with the secretary of state in verifying the sufficiency of these petitions as required by law.
The secretary of state shall transmit such petitions to the county election officer of each county for which petitions were presented to be examined for sufficiency pursuant to the provisions of K.S.A. 25-3601 et seq., and amendments thereto, and applicable regulations. Not more than 20 days following receipt of such petitions from the secretary of state, the county election officer shall return these documents to the secretary of state certifying the number of sufficient signatures thereon. The secretary of state shall gather all petitions and determine whether a sufficient number of signatures was submitted. The secretary of state shall forthwith notify the person who submitted the declaration of intent to circulate such petitions of the sufficiency or insufficiency of the number of signatures.
History: L. 1965, ch. 251, § 1; L. 1970, ch. 133, § 2; L. 1984, ch. 137, § 3; L. 1994, ch. 127, § 1; L. 2001, ch. 128, § 2; L. 2003, ch. 112, § 4; L. 2014, ch. 98, § 3; May 15.
Any recognized political party whose nominee for any office for which the officer is elected from the state as a whole fails to receive at least 1% of the total vote cast for any such office in this state at any general election, or which fails to nominate persons for at least one such office, shall cease to be a recognized political party. The secretary of state shall notify all county election officers that such party has ceased to be recognized.
History: L. 1984, ch. 137, § 4; L. 1995, ch. 192, § 3; July 1.
When a political party ceases to be recognized, each county election officer shall list as unaffiliated any registered voters then affiliated with that party.
History: L. 1984, ch. 137, § 5; April 5.
(a) This section shall not apply to city and school elections, nor to election of other officers provided by law to be elected in odd-numbered years.
(b) All nominations other than party nominations shall be independent nominations. No person who has declared and retains a party affiliation in accordance with K.S.A. 25-3301, and amendments thereto, shall be eligible to accept an independent nomination for any office.
(c) Independent nominations of candidates for any office to be filled by the voters of the state at large may be made by nomination petitions signed by not less than 5,000 qualified voters for each candidate and in the case of governor and lieutenant governor for each pair of such candidates.
(d) Independent nominations of candidates for offices to be filled by the voters of a county, district or other division less than a state may be made by nomination petitions signed by voters equal in number to not less than 4% of the current total of qualified voters of such county, district or other division as compiled by the office of the secretary of state in the case of state offices and as compiled in the office of the county election officer and certified to the secretary of state in accordance with K.S.A. 25-2311, and amendments thereto, in the case of local offices, and in no case to be signed by less than 25 nor more than 5,000 qualified voters of such county, district or division, for each candidate.
(e) Independent nominations of candidates for offices to be filled by the voters of a township may be made by nomination papers signed by not less than 5% of the current total of qualified voters of such township, computed as above provided, for each candidate, and in no case to be signed by less than 10 such voters of such township for each candidate.
(f) The signatures to such nomination petitions need not all be appended to one paper, but each registered voter signing an independent certificate of nomination shall add to the signature such petitioner's place of residence and post office address. All signers of each separate nomination petition shall reside in the same county and election district of the office sought. The affidavit of the candidate or a petition circulator shall be appended to each petition and shall contain, at the end of each set of documents carried by each circulator or candidate, a verification, signed by the circulator or candidate, to the effect that such circulator or candidate personally witnessed the signing of the petition by each person whose name appears thereon.
(g) No such nomination petition shall contain the name of a candidate for governor without in the same such petition containing the name of a candidate for lieutenant governor, and if it does it shall be void.
(h) No person shall join in nominating more than one person for the same office, and if this is done, the name of such petitioner shall not be counted on any certificate.
(i) Within 20 days after receipt of an independent nominating petition, but not later than the date of the meeting of the state board of canvassers in accordance with K.S.A. 25-3205, and amendments thereto, the secretary of state shall determine the validity of such independent nominating petition. If any independent nomination petitions are found to be invalid, the secretary of state shall notify the candidate on whose behalf the independent nomination petitions were filed that such nomination petitions have been found to be invalid and the reason for such finding of invalidity. Such candidate may make objection to the finding of invalidity by the secretary of state in accordance with K.S.A. 25-308, and amendments thereto.
History: R.S. 1923, 25-303; L. 1943, ch. 155, § 1; L. 1968, ch. 406, § 90; L. 1973, ch. 153, § 16; L. 1982, ch. 154, § 1; L. 1988, ch. 119, § 2; L. 1990, ch. 120, § 2; L. 1990, ch. 129, § 1; L. 1991, ch. 99, § 2; L. 1992, ch. 194, § 4; L. 2001, ch. 128, § 3; L. 2014, ch. 98, § 4; L. 2023, ch. 79, § 20; July 1.
(a) All certificates of nomination shall be in writing and contain the name of each person nominated, such person's residence and the office for which such person is nominated.
(b) Party certificates of nomination issued by a party convention or caucus pursuant to K.S.A. 25-302, and amendments thereto, by the secretary of state pursuant to K.S.A. 25-3205, and amendments thereto, or by a county election officer pursuant to K.S.A. 25-3110, and amendments thereto, shall designate the political party that the convention, primary election or caucus making the nominations represented.
(c) When electors for president and vice president of the United States are nominated, the names of the candidates for president and vice president may also be shown on the certificates. Independent nomination petitions for presidential electors shall contain the names of each elector and the names of the candidates for president and vice president of the United States, together with the residence of each elector and candidate.
(d) The provisions of this section shall not apply to city or school elections, nor to the election of officers for which it is provided by law to be elected at the time of city and school elections.
History: R.S. 1923, 25-304; L. 1968, ch. 406, § 91; L. 1979, ch. 106, § 2; L. 2003, ch. 112, § 5; L. 2025, ch. 104, § 2; July 1.
(a) Certificates of nomination by convention or caucus for the nomination of candidates for national, state, county and township offices shall be filed with the secretary of state, or the county election officer, not later than 12:00 noon, on the day fixed for the deadline for filing petitions for nomination and declarations of intent to become candidates in accordance with K.S.A. 25-205, and amendments thereto, preceding the national, state, county and township general election, except when such date falls on Saturday, Sunday or a holiday, and then not later than 12:00 noon the following day that is not a Saturday, Sunday or a holiday.
(b) Independent nomination petitions for the nomination of candidates for national, state, county and township offices shall be filed with the secretary of state or the county election officer 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, preceding a national, state, county or township general election.
(c) An affidavit of write-in candidacy for the offices of governor and lieutenant governor shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the general election for those offices.
(d) An affidavit of write-in candidacy for the offices of president and vice-president shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the general election for those offices.
(e) An affidavit of write-in candidacy for the offices of United States senator and United States house of representatives shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.
(f) An affidavit of write-in candidacy for state offices elected on a statewide basis other than offices subject to subsection (c) shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.
(g) An affidavit of write-in candidacy for members of the state house of representatives, state senate or members of the state board of education shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.
(h) An affidavit of write-in candidacy for district judges, district magistrate judges, district attorneys, any county officer or any city officer of a city of the first class shall be filed with the appropriate county election office not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.
History: R.S. 1923, 25-305; L. 1925, ch. 164, § 1; L. 1927, ch. 202, § 1; L. 1968, ch. 406, § 92; L. 1972, ch. 130, § 1; L. 1983, ch. 120, § 2; L. 1988, ch. 119, § 3; L. 1991, ch. 100, § 3; L. 1992, ch. 237, § 3; L. 1993, ch. 287, § 3; L. 2023, ch. 79, § 1; July 1.
History: R.S. 1923, 25-305; L. 1925, ch. 164, § 1; L. 1927, ch. 202, § 1; L. 1968, ch. 406, § 92; L. 1972, ch. 130, § 1; L. 1983, ch. 120, § 2; L. 1988, ch. 119, § 3; L. 1991, ch. 100, § 3; L. 1992, ch. 291, § 11; Repealed, L. 1993, ch. 287, § 15; July 1.
History: L. 1992, ch. 291, § 12; Repealed, L. 2023, ch. 79, § 65; July 1.
(a) No person may accept more than one nomination for the same office.
(b) (1) If a person has: (A) Received and accepted a party nomination pursuant to K.S.A. 25-302, and amendments thereto; (B) filed a declaration of intention to become a candidate for an office pursuant to K.S.A. 25-206, and amendments thereto; or (C) filed a valid nomination petition to be an independent candidate pursuant to K.S.A. 25-303, and amendments thereto, such person shall not become a candidate for a different political party or as an independent candidate for office at a general election through either of the two procedures not previously used by such person unless such person has satisfied the provisions of paragraph (2).
(2) A person who has met one of the conditions described in paragraph (1) shall only become a candidate for a different political party or as an independent candidate for office at a general election through one of the other procedures described in paragraph (1) if, prior to the filing deadline established by K.S.A. 25-205, and amendments thereto, such person has: (A) Declined a party nomination pursuant to K.S.A. 25-306e, and amendments thereto; (B) withdrawn from candidacy after nomination pursuant to K.S.A. 25-306a, and amendments thereto; or (C) withdrawn from a nomination pursuant to K.S.A. 25-306b, and amendments thereto.
(c) The provisions of this section shall be enforced by the secretary of state for all federal and state elected offices and by the appropriate county election officer for all county and township elected offices.
History: L. 1893, ch. 78, § 8; L. 1897, ch. 129, § 8; L. 1901, ch. 177, § 5; L. 1903, ch. 228, § 1; R.S. 1923, 25-306; L. 1955, ch. 205, § 1; L. 1968, ch. 406, § 93; L. 1970, ch. 135, § 3; L. 1999, ch. 105, § 6; L. 2025, ch. 104, § 3; July 1.
Any person who has been nominated to be a candidate at any primary election for any national, state, county or township office may cause such person's name to be withdrawn from nomination by a request in writing, signed by the person nominated and acknowledged before an officer qualified to take acknowledgments of deeds, and filed with the secretary of state in the case of national and state offices or with the county election officer in the case of county and township offices not later than 12:00 noon, on the day fixed for the deadline for filing of a petition for nomination or the declaration of intent to become a candidate in accordance with K.S.A. 25-205, and amendments thereto. No name so withdrawn shall be printed on the ballots for such office for such primary election.
History: L. 1970, ch. 135, § 1; L. 1983, ch. 120, § 3; L. 1992, ch. 237, § 4; May 14.
(a) Except as provided by this section, no person who has been nominated by any means for any national, state, county or township office may be withdrawn from nomination after the day of the primary election.
(b) (1) A person who has been nominated by any means for any national, state, county or township office may be withdrawn from nomination if:
(A) The nominee certifies to the secretary of state that such nominee is withdrawing from nomination because of a severe medical hardship on the nominee or the nominee's immediate family. Such nominee shall send the secretary a certification of the severe medical hardship signed by a medical doctor; or
(B) the nominee certifies to the secretary of state that the nominee does not reside in the state of Kansas.
(2) If the secretary of state receives either of the certifications listed in paragraph (A) or (B) from a nominee on or before the first day of September following a primary election, such nominee's name shall be withdrawn from nomination and such nominee's name shall not be printed on the ballots for such office for the general election. The secretary of state, in the case of national and state offices, or the county election officer in the case of county or township offices, shall notify the chairperson or the vice-chairperson of the party committee of the congressional district, county or state, as the case may be, of such vacancy within 48 hours of receiving a certification listed in paragraph *(A) or (B).
(c) In the case of the death of a person who has been nominated for any national, state, county or township office, which occurs on or before the first day of September following a primary election, such nominee's name shall be withdrawn from nomination and such nominee's name shall not be printed on the ballots for such office for the general election. The secretary of state in the case of national and state offices, or the county election officer in the case of county or township offices, shall notify the chairperson or the vice-chairperson of the party committee of the congressional district, county or state, as the case may be, of such vacancy within 48 hours of receiving notification of such death.
History: L. 1970, ch. 135, § 2; L. 1973, ch. 150, § 1; L. 1991, ch. 99, § 1; L. 1995, ch. 192, § 4; L. 1997, ch. 124, § 10; L. 2015, ch. 88, § 2; July 1.
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 certificates for at least one year following the date of the election.
History: L. 1999, ch. 105, § 4; July 1.
No filing fee shall be refunded to any person:
(a) Declining a nomination pursuant to K.S.A. 25-306e, 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 amendments thereto.
History: L. 1999, ch. 105, § 5; July 1.
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 statement, 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 statement, such person shall be deemed to have declined any other nomination. If such person refuses or neglects to file such statement, the officer with whom the nomination papers are filed, immediately upon the expiration 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.
History: L. 1999, ch. 105, § 7; July 1.
History: L. 1893, ch. 78, § 9; L. 1897, ch. 129, § 9; R.S. 1923, 25-307; Repealed, L. 1972, ch. 131, § 11; March 24.
(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) An objection 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, petitions 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, or such officer's designee, and a decision of a majority of these officers, or such officers' designees, 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, county attorney or district attorney and an elected official of the county whose position is not involved in the controversy, who shall be designated by the county election officer. The decision of a majority of these officers shall be final.
(d) In any case where objection is made, notice shall be given immediately, by the officer with whom the objections are filed, to the other officers required to determine the matter and to the candidates affected by such objection, 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. Such time shall not be more than five days following the giving of such notice in the case of nomination of a national or state officer and not be 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 from such determination 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 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 being 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 resides who must pay such costs. Such clerk of the district court shall collect such costs as in cases of collection of court costs, and when collected such costs 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 60 days before the election.
History: L. 1893, ch. 78, § 10; L. 1897, ch. 129, § 10; R.S. 1923, 25-308; L. 1968, ch. 406, § 94; L. 1970, ch. 136, § 1; L. 1973, ch. 153, § 27; L. 1978, ch. 135, § 3; L. 1978, ch. 138, § 20; L. 1989, ch. 107, § 3; L. 1990, ch. 121, § 2; L. 1997, ch. 124, § 11; L. 2001, ch. 39, § 1; L. 2023, ch. 79, § 21; July 1.
History: L. 1893, ch. 78, § 10; L. 1897, ch. 129, § 10; R.S. 1923, 25-308; L. 1968, ch. 406, § 94; L. 1970, ch. 136, § 1; L. 1973, ch. 153, § 27; L. 1978, ch. 135, § 3; L. 1978, ch. 138, § 20; L. 1989, ch. 106, § 7; Repealed, L. 1990, ch. 121, § 3; July 1.
When such certificate is filed with the secretary of state, he shall, in certifying nominations to the various county election officers, insert the name of the person thus nominated to fill vacancy in place of the original nominee; and in the event that he has already sent forward his certificate, he shall forthwith certify to the election officers of the proper counties the name and description of the person so nominated to fill the vacancy, the office he is nominated for, with the other details mentioned in certificates of nomination filed with the secretary of state. The names so supplied for the vacancy shall, if the ballots are not already printed, be placed on the ballots in place of the name of the original nominee; or, if the ballots have been printed, new ballots, whenever practicable, shall be furnished.
History: L. 1893, ch. 78, § 11; L. 1897, ch. 129, § 11; R.S. 1923, 25-309; L. 1968, ch. 406, § 95; April 30.
Whenever it may not be practicable to have new ballots printed, it shall be the duty of the county election officer and election boards to place the name so supplied for the vacancy upon each ballot issued before delivering it to the voter; the name so supplied may be placed upon the ballots either by affixing a paster or by writing or stamping the name upon the ballot; and to enable this to be done, the officer with whom the certificates of nominations are to be filed shall immediately furnish the name of such substituted nominee to all county election officers within the territory in which such nominee is a candidate, and the county election officer shall inform the supervising judges thereof.
History: L. 1893, ch. 78, § 12; L. 1897, ch. 129, § 12; R.S. 1923, 25-310; L. 1968, ch. 406, § 96; April 30.
Not less than twenty (20) days before an election to fill any national or state office, the secretary of state shall certify to the county election officer of each county within which any of the electors may by law vote for the candidates for such office, the name and residence of each person nominated for such office, as specified in the certificates of nomination or nomination papers filed with the secretary of state.
History: L. 1893, ch. 78, § 13; L. 1897, ch. 129, § 13; R.S. 1923, 25-311; L. 1968, ch. 406, § 97; April 30.
All vacancies in any elective state or county office, unless otherwise provided for by law, shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. When any elected office is provided by law to be filled by appointment by the governor of a person selected by a party district convention, and the immediately past incumbent of such office was an independent without political party affiliation, the vacancy shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. If any vacancy shall occur in any state office which is to be abolished, the appointment to fill such vacancy shall extend until the date of such abolition and only until such date.
History: G.S. 1868, ch. 36, § 57; R.S. 1923, 25-312; L. 1941, ch. 226, § 2; L. 1959, ch. 174, § 1; L. 1968, ch. 406, § 98; L. 1972, ch. 131, § 7; L. 1979, ch. 107, § 1; July 1.
Except as otherwise provided in K.S.A. 20-2903 through 20-2913, and amendments thereto, whenever a vacancy occurs in the office of judge of the district court, it shall be filled by appointment by the governor following receipt of notice from the clerk of the supreme court, which shall be given not later than 120 days following the date the vacancy occurs or will occur. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualified. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualified at the next general election to serve the remainder of the unexpired term. Any appointment made by the governor as required by this section shall be made within 90 days following receipt of notice from the clerk of the supreme court.
History: L. 1959, ch. 174, § 2; L. 1970, ch. 137, § 1; L. 1972, ch. 131, § 8; L. 1974, ch. 137, § 18; L. 1976, ch. 145, § 138; L. 1985, ch. 119, § 1; L. 1987, ch. 124, § 1; L. 2014, ch. 82, § 25; July 1.
(a) Except as provided in subsection (b), the regular term of office of all state, district, county, township and municipal officers shall begin on the second Monday in January next after the election, except as otherwise provided by law.
(b) The regular term of office for all city officers shall begin on a date established by resolution of the city. The date shall be on or after December 1 following the certification of the election and no later than the second Monday in January following the certification of the election. If a city does not establish an alternative date for elected officials taking office, the term shall begin on the second Monday in January.
History: R.S. 1923, 25-313; L. 2019, ch. 20, § 1; July 1.
Any of said officers that may be elected or appointed to fill vacancies may qualify and enter upon the duties of their office immediately thereafter, and when elected they may hold the same during the unexpired term for which they were elected, and until their successors are elected and qualified; but if appointed, unless otherwise provided by law, they shall hold the same only until their successors are elected and qualified. Appointment to fill a vacancy in an office which is to be abolished shall extend until the date of such abolition, and only until such date.
History: G.S. 1868, ch. 36, § 59; R.S. 1923, 25-314; L. 1963, ch. 160, § 7; L. 1968, ch. 406, § 99; April 30.
History: R.S. 1923, 25-315; Repealed, L. 1947, ch. 246, § 4; February 28.
Revisor's Note: Section transferred to 46-156.
History: G.S. 1868, ch. 36, § 62; R.S. 1923, 25-317; Repealed, L. 1965, ch. 242, § 1; June 30.
History:
L. 1927, ch. 204, § 1; Repealed, L. 2025, ch. 25, § 8; April 10.
History: 25-318.
History: L. 1947, ch. 246, § 1; Repealed, L. 1966, ch. 5, § 7 (Special Session); June 10.
History: L. 1947, ch. 246, § 2; L. 1966, ch. 5, § 3 (Special Session); L. 1970, ch. 138, § 3; Repealed, L. 1972, ch. 131, § 11; March 24.
A person appointed to the office of state representative under the provisions of this act may hold the office for the remainder of the term. Any person appointed to the office of senator under the provisions of this act may hold the office: (a) If the vacancy occurs prior to May 1 of the second year of the term, until the next general election, when a senator shall be elected to fill the term; or (b) if such vacancy occurs on or after May 1 of the second year of the term, for the remainder of the term. In cases where the appointment of a senator is until the next general election, nomination and election of such successor shall be in the same manner as nomination and election of a senator for a regular term.
History: L. 1947, ch. 246, § 3; L. 2011, ch. 112, § 20; L. 2023, ch. 79, § 22; July 1.
(a) Upon a vacancy occurring in the office of United States senator from this state, the governor shall make a temporary appointment to fill such vacancy until a successor is elected and qualified. Such temporary appointment shall be made in accordance with the provisions of K.S.A. 2025 Supp. 25-323 through 25-325, and amendments thereto. Within three calendar days after receiving a concurrent resolution adopted pursuant to K.S.A. 2025 Supp. 25-325, and amendments thereto, or a report submitted pursuant to K.S.A. 2025 Supp. 25-324, and amendments thereto, the governor shall appoint one of the three persons recommended as candidates in such concurrent resolution or report to temporarily fill such vacancy. Except as otherwise provided, at the time of the next election of representatives in congress immediately following such vacancy, such vacancy shall be filled by election and the senator so elected shall take office upon receiving such senator's certificate of election. If the vacancy occurs on or after May 1 in an even-numbered year, then such vacancy shall be filled by election at the election of representatives in congress held two years following the year in which such vacancy occurs.
(b) No person shall be appointed pursuant to this act unless such person is a resident of this state and shall have been registered with the same political party for the immediately preceding six years as that of the United States senator elected at the immediately preceding election for such office. If the United States senator elected at the immediately preceding election for such office was not registered with any political party, then any suitable person who is a resident of this state may be appointed pursuant to K.S.A. 2025 Supp. 25-323 through 25-325, and amendments thereto.
(c) No person appointed pursuant to subsection (a) shall take office unless such appointment is certified by the secretary of state to the United States senate. The secretary shall not certify any person as being appointed to fill a vacancy in the office of United States senator unless such person is appointed in accordance with this section.
History: L. 2025, ch. 25, § 1; April 10.
(a) Except as otherwise provided, within 10 calendar days of a vacancy occurring in the office of United States senator, the office of state treasurer or the office of the commissioner of insurance, the joint committee on vacancy appointments shall be established by appointment of the members of the joint committee. The joint committee shall consist of 12 members as follows:
(1) The president of the senate, or a member of the senate designated by the president;
(2) one member of the senate appointed by the president;
(3) the speaker of the house of representatives, or a member of the house of representatives designated by the speaker;
(4) one member of the house of representatives appointed by the speaker;
(5) two members of the senate appointed by the majority leader of the senate;
(6) two members of the house of representatives appointed by the majority leader of the house of representatives;
(7) one member of the senate appointed by the vice president of the senate;
(8) one member of the house of representatives appointed by the speaker pro tem of the house of representatives;
(9) one member of the senate appointed by the minority leader of the senate; and
(10) one member of the house of representatives appointed by the minority leader of the house of representatives.
(b) Of the members named or appointed under subsections (a)(1), (a)(2), (a)(5) and (a)(7), each of this state's congressional districts shall be represented by at least one such member who shall be a resident thereof. Of the members named or appointed under subsections (a)(3), (a)(4), (a)(6) and (a)(8), each of this state's congressional districts shall be represented by at least one such member who shall be a resident thereof.
(c) The joint committee on vacancy appointments shall not be established when a vacancy occurs less than 90 calendar days prior to December 31 in any year in which a general election for such office is held, unless the person vacating such office was elected to such office at such general election and was an incumbent in such election.
(d) The president of the senate, or the president's designee, shall be the chairperson of the joint committee and the speaker of the house of representatives, or the speaker's designee, shall be the vice chairperson. The vice chairperson shall exercise all the powers of the chairperson in the absence of the chairperson.
(e) The joint committee on vacancy appointments shall meet at any time and at any place within the state on call of the chairperson. Members of the joint committee shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto, when attending meetings of such committee.
(f) The first meeting of the joint committee shall be held within 30 calendar days of a vacancy occurring in the office of United States senator, the office of state treasurer or the office of the commissioner of insurance.
History: L. 2025, ch. 25, § 2; April 10.
(a) The joint committee on vacancy appointments shall review candidates to fill the vacancy described in K.S.A. 2025 Supp. 25-323, and amendments thereto. Such review shall include verifying that such candidate satisfies federal and state requirements to hold such office and to be appointed to fill a vacancy in such office. The joint committee shall conduct one or more public hearings and shall grant each candidate an opportunity to be heard before the joint committee.
(b) If the vacancy occurs during a regular session of the legislature, or occurs when the legislature is not in regular session but a special session of the legislature is called within five calendar days after such vacancy occurs, then, within 30 calendar days after the first meeting of the joint committee, the joint committee shall introduce a concurrent resolution in each house recommending three persons as candidates to fill the vacancy.
(c) If the joint committee concludes its public hearings while the legislature is not in regular or special session, then, within 30 calendar days after the first meeting of the joint committee, the joint committee shall submit a report to the governor recommending three persons as candidates to fill the vacancy.
(d) No member of the joint committee shall be recommended as a candidate to fill the vacancy.
History: L. 2025, ch. 25, § 3; April 10.
(a) Each house shall consider any concurrent resolution that is introduced pursuant to K.S.A. 2025 Supp. 25-324, and amendments thereto, within 10 days and shall either adopt such resolution or direct the joint committee to reconvene to reconsider candidates to fill the vacancy.
(b) When directed to do so by the legislature, the joint committee shall reconvene and act in accordance with K.S.A. 2025 Supp. 25-324, and amendments thereto. When introducing any second or subsequent resolution, the joint committee may recommend one or more of the candidates who were recommended in any prior resolution.
History: L. 2025, ch. 25, § 4; April 10.
The provisions of K.S.A. 2025 Supp. 25-322 through 25-325, and amendments thereto, and K.S.A. 25-101b and 40-106, as amended by this act, are severable. If any portion of such provisions is declared unconstitutional or invalid, or the application of any portion of such provisions to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of such provisions that can be given effect without the invalid portion or application, and the applicability of such other portions of such provisions to any person or circumstance shall remain valid and enforceable.
History: L. 2025, ch. 25, § 7; April 10.
History: L. 1893, ch. 78, § 19; L. 1897, ch. 129, § 19; L. 1901, ch. 177, § 8; R.S. 1923, 25-401; L. 1955, ch. 206, § 1; L. 1961, ch. 197, § 4; L. 1963, ch. 228, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1961, ch. 197, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
Revisor's Note: Section transferred to 25-2703.
History: L. 1907, ch. 200, § 1; L. 1911, ch. 183, § 1; R.S. 1923, 25-403; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1893, ch. 78, § 17; L. 1897, ch. 129, § 17; R.S. 1923, 25-404; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1893, ch. 78, § 18; L. 1897, ch. 129, § 18; R.S. 1923, 25-405; L. 1935, ch. 173, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 17; R.S. 1923, 25-406; Repealed, L. 1968, ch. 406, § 145; April 30.
The judges of election, in determining the residence of a person offering to vote, shall be governed by this section. "Residence" means the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person has the intention of returning.
History: G.S. 1868, ch. 36, § 9; R.S. 1923, 25-407; L. 1982, ch. 155, § 1; July 1.
History: G.S. 1868, ch. 36, § 10; R.S. 1923, 25-408; L. 1972, ch. 132, § 2; Repealed, L. 1974, ch. 156, § 5; July 1.
(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 amendments thereto, such person shall be permitted to subscribe the application for registration and mark a ballot. The person shall then execute the affirmation prescribed in subsection (c) of this section before a member of the election board and the ballot shall thereupon be sealed in an envelope. The judges shall write on the envelope the word "provisional" and a statement of the reason for the challenge, and that the ballot contained in the envelope is the same ballot which was challenged pursuant to K.S.A. 25-409 et seq., and amendments thereto. Such statement shall be attested by two of the judges. The judges shall attach the application for registration to the 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. The judges shall provide written information stating how the voter may ascertain whether the voter's provisional ballot was counted and, if such ballot was not counted, the reason therefor. Such provisional ballots, together with objected to and void ballots packaged in accordance with K.S.A. 25-3008, and amendments thereto, shall be reviewed by the county board of canvassers at the time prescribed for canvassing votes, and such board shall determine the acceptance 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.
(c) The voter's affirmation shall be sufficient if substantially in the following form, but the voter's affirmation shall not contain less than that prescribed in the form:
VOTER'S AFFIRMATION
STATE OF KANSAS, COUNTY OF ________, ss.
I am a registered voter in this jurisdiction and I am qualified to vote in this election. I declare under penalty of perjury that the foregoing is true and correct. This ____ day of ______________ A.D. ______.
_____________________, Voter ______________, Judge of Election
History: G.S. 1868, ch. 36, § 11; R.S. 1923, 25-409; L. 1974, ch. 156, § 1; L. 1975, ch. 206, § 1; L. 1979, ch. 108, § 1; L. 1983, ch. 121, § 1; L. 1992, ch. 6, § 1; L. 1995, ch. 192, § 25; L. 1996, ch. 187, § 1; L. 2001, ch. 124, § 3; L. 2004, ch. 25, § 2; July 1.
History: G.S. 1868, ch. 36, § 12; R.S. 1923, 25-410; L. 1972, ch. 132, § 3; L. 1974, ch. 156, § 2; Repealed, L. 1996, ch. 187, § 31; April 25.
History: G.S. 1868, ch. 36, § 13; R.S. 1923, 25-411; L. 1972, ch. 132, § 4; Repealed, L. 1974, ch. 156, § 5; July 1.
History: G.S. 1868, ch. 36, § 14; R.S. 1923, 25-412; Repealed, L. 1977, ch. 134, § 2; July 1.
Whenever any person's vote shall be received after having subscribed the application for registration pursuant to subsection (b) of K.S.A. 25-409, and amendments thereto, it shall be the duty of the clerks of the election to write on the poll books, at the end of such person's name, the word "Sworn"; and the ballot shall be numbered on the upper right hand corner to correspond with the person's name on the poll books.
History: G.S. 1868, ch. 36, § 15; L. 1877, ch. 103, § 1; R.S. 1923, 25-413; L. 1977, ch. 134, § 1; L. 2001, ch. 81, § 3; July 1.
(a) It shall be the duty of each judge of election to challenge any person offering to vote, whom the judge shall know or suspect not to be qualified as an elector.
(b) A person who: (1) Has moved from an address in the registration book to another address in the same county; or (2) has not moved, but the registration list indicates otherwise, is a qualified elector, but shall be challenged by an election judge and entitled to cast only a provisional ballot pursuant to K.S.A. 25-409, and amendments thereto.
(c) Any person who votes after the polling place hours prescribed in K.S.A. 25-106, and amendments thereto, pursuant to a court or other order is entitled to cast only a provisional ballot pursuant to K.S.A. 25-409, and amendments thereto.
(d) The application shall be delivered to the election judges and attached to the provisional ballot envelope. Such application and ballot envelope containing the ballot shall be transmitted to the county election officer with election returns and supplies.
(e) Following the determination of acceptance or rejection of any provisional ballot by the county board of canvassers, the county election officer shall update the registration record, if appropriate, for voting in future elections, and send, by nonforwardable first-class mail, to the address specified on the application, notice of disposition of the application. The registrant's name shall not be removed from the official list of eligible voters by reason of such a change of address except as provided in K.S.A. 25-2316c, and amendments thereto.
History: G.S. 1868, ch. 36, § 16; R.S. 1923, 25-414; L. 1996, ch. 187, § 2; L. 2004, ch. 25, § 3; July 1.
Revisor's Note: Section transferred to 25-2908.
History: L. 1893, ch. 78, § 22; L. 1897, ch. 129, § 22; L. 1901, ch. 177, § 10; L. 1903, ch. 228, § 3; L. 1905, ch. 222, § 2; L. 1913, ch. 189, § 2; R.S. 1923, 25-416; L. 1935, ch. 174, § 1; L. 1955, ch. 207, § 1; L. 1965, ch. 243, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
Revisor's Note: Section transferred to 25-2911.
Any person entitled to vote at an election conducted by a county election officer in this state shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of not to exceed two (2) consecutive hours between the time of opening and closing of polls: Provided, That if the polls are open before commencing work or after terminating work but the period of time the polls are so open is less than two (2) consecutive hours, he shall only be entitled to absent himself from such service or employment for such a period of time which, when added to the period of time the polls are so open, will not exceed two hours; and such voter shall not because of so absenting himself be liable to any penalty, nor shall deductions be made, on account of such absence, from his usual salary or wages.
The employer may specify the particular time during the day which said employee may absent himself as aforesaid except such specified time shall not include any time during the regular lunch period.
Obstruction of voting privilege is (a) intentionally obstructing an employee in his or her exercise of voting privilege or (b) imposing a penalty upon an employee exercising his or her voting privilege under this section.
Obstruction of voting privilege is a class A misdemeanor.
History: L. 1893, ch. 78, § 24; L. 1897, ch. 129, § 24; R.S. 1923, 25-418; L. 1959, ch. 175, § 1; L. 1974, ch. 157, § 2; July 1.
History: L. 1893, ch. 78, § 25; L. 1897, ch. 129, § 25; L. 1901, ch. 177, § 11; L. 1903, ch. 228, § 4; L. 1905, ch. 222, § 3; L. 1913, ch. 189, § 4; R.S. 1923, 25-419; L. 1955, ch. 207, § 2; L. 1965, ch. 243, § 2; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1913, ch. 189, § 7; R.S. 1923, 25-420; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 18; R.S. 1923, 25-421; L. 1965, ch. 244, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1965, ch. 244, § 2; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 19; R.S. 1923, 25-422; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 20; R.S. 1923, 25-423; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 21; R.S. 1923, 25-424; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 25; R.S. 1923, 25-425; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 26; R.S. 1923, 25-426; Repealed, L. 1968, ch. 406, § 145; April 30.
Revisor's Note: Section transferred to 25-2811.
History: L. 1955, ch. 211, § 1; Repealed, L. 1959, ch. 176, § 2; June 30.
K.S.A. 25-431 to 25-441 may be cited as the "mail ballot election act."
History: L. 1983, ch. 125, § 1; July 1.
An election shall not be conducted under this act unless:
(a) The secretary of state approves a written plan for conduct of the election, including, but not limited to, a written timetable for the conduct of the election, submitted by the county election officer;
(b) the election is nonpartisan;
(c) the election is not one at which any candidate is elected, retained or recalled;
(d) the election is not held on the same date as another election in which the qualified electors of that subdivision of government are eligible to cast ballots, except this restriction shall not apply to mail ballot elections held under K.S.A. 79-2925c, and amendments thereto, or elections held on the first Tuesday after the first Monday in March; and
(e) the election is a question submitted election and all of the qualified electors of one of the following subdivisions of government are the only electors eligible to vote on such question:
(1) Counties;
(2) cities;
(3) school districts, except in an election held pursuant to K.S.A. 72-635 et seq., and amendments thereto;
(4) townships;
(5) benefit districts organized under K.S.A. 31-301, and amendments thereto;
(6) cemetery districts organized under K.S.A. 15-1013 or 17-1330, and amendments thereto;
(7) community college districts organized under K.S.A. 71-1101 et seq., and amendments thereto;
(8) fire districts organized under K.S.A. 19-3601 or 80-1512, and amendments thereto;
(9) hospital districts;
(10) improvement districts organized under K.S.A. 19-2753, and amendments thereto;
(11) Johnson county park and recreation district organized under K.S.A. 19-2859, and amendments thereto;
(12) water districts organized under K.S.A. 19-3501 et seq., and amendments thereto;
(13) transportation development districts created pursuant to K.S.A. 12-17,140 et seq., and amendments thereto; or
(14) any tract of land annexed pursuant to K.S.A. 12-521, and amendments thereto.
History: L. 1983, ch. 125, § 2; L. 1984, ch. 374, § 34; L. 1991, ch. 101, § 1; L. 2002, ch. 105, § 12; L. 2003, ch. 120, § 15; L. 2011, ch. 101, § 10; L. 2016, ch. 66, § 8; L. 2023, ch. 79, § 23; L. 2025, ch. 82, § 2; July 1.
(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 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 that is prominently marked "Do Not Forward." Ballots shall not be mailed to any inactive voter who, based on information provided by the postal service, appears to have moved to a residence address outside the county in which the voter is currently registered and who has been mailed a confirmation notice as described in K.S.A. 25-2316c(e)(4), and amendments thereto, or because a "Forwarding Order Expired" or "Moved — No Forwarding Address" notice was received from the post office. Any inactive voter who believes such voter is entitled to vote in the election may request a replacement ballot as provided for in subsection (d) of this section.
(b) Upon receipt of the ballot the elector shall mark it, sign the return identification envelope supplied with the ballot and comply with the instructions 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 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 amendments 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 elector, 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 applicant may mail the statement to the county election officer, except a county election officer shall not transmit a ballot by mail under this subsection unless the application is received prior to the close of business on the second day prior to the election. When an application 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 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. The county election office shall attempt to contact each person who submits a mail ballot if there is no signature or the signature does not match with the signature on file and allow such elector the opportunity to correct the deficiency before the commencement of the county canvass. Verification of the voter's signature shall not be required if the voter has a disability preventing the voter from signing the ballot or preventing the voter from having a signature consistent with such voter's registration form. Signature verification may occur by electronic device or human inspection. 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 officer 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 K.S.A. 25-2316c(d), and amendments thereto.
History: L. 1983, ch. 125, § 3; L. 1984, ch. 138, § 1; L. 1987, ch. 125, § 1; L. 1999, ch. 105, § 1; L. 2008, ch. 165, § 1; L. 2023, ch. 79, § 24; July 1.
If the city or county elects to conduct the election required under K.S.A. 79-2925c, and amendments thereto, using a mail ballot election, the city or county shall certify to the county clerk and the election officer for the county no later than July 1 that an election shall be necessary to approve the resolution. Upon notification from a city or county pursuant to K.S.A. 79-2925c, and amendments thereto, the election officer for the county shall set the election to be conducted in accordance with K.S.A. 25-431 et seq., and amendments thereto, on the September 15 following the notification, or if September 15 is a Sunday, the next business day. The county board of canvassers shall conduct a canvass of the election no later than the 5th day following the date of the election.
History: L. 2016, ch. 66, § 7; July 1.
Votes cast pursuant to this act can be challenged in the manner prescribed by K.S.A. 25-1136 insofar as applicable.
History: L. 1983, ch. 125, § 4; July 1.
The provisions of article 11 of chapter 25 of Kansas Statutes Annotated, and amendments thereto, relating to advance voting ballots shall apply to elections under this act only insofar as they do not conflict with the provisions of this act, except that the county election officer shall not accept any application for an advance voting ballot later than the 21st day before the election.
History: L. 1983, ch. 125, § 5; L. 1995, ch. 192, § 26; July 1.
The county election officer shall not mail a ballot under this act to those electors not registered 30 days prior to the date of the election. Electors registered after 30 days prior to the date of the election, but prior to the closing of the registration books, may apply for a ballot under subsection (d) of K.S.A. 25-433.
History: L. 1983, ch. 125, § 6; July 1.
The county election officer of each county within the electoral district shall appoint a special election board pursuant to the requirements of K.S.A. 25-2801 to be composed of at least three members who shall make the original canvass of all ballots cast in that county. For the purposes of any canvass under this act, the electoral district within that county shall constitute one voting area, and ballots shall not be sorted according to precinct or ward. The abstract shall be prepared on a form prescribed by the secretary of state.
History: L. 1983, ch. 125, § 7; July 1.
All laws which apply to elections shall apply to elections under this act to the extent applicable.
History: L. 1983, ch. 125, § 8; July 1.
No mere informality in the manner of carrying out or executing the provisions of this act shall invalidate any election held under it or authorize the rejection of the returns thereof. The provisions of this act shall be construed liberally for the purpose of effectuating its purposes.
History: L. 1983, ch. 125, § 9; July 1.
The secretary of state may adopt rules and regulations governing the procedures and forms necessary to implement this act. The authority of the secretary of state to adopt rules and regulations under this act shall be liberally construed.
History: L. 1983, ch. 125, § 10; July 1.
History: L. 1983, ch. 125, § 11; Repealed, L. 1984, ch. 138, § 2; July 1.
(a) No form of ranked-choice voting method shall be used in determining the election or nomination of any candidate to any federal, state, county or other municipal elected office.
(b) As used in this section, the term "ranked-choice voting" means a form of voting that allows voters to rank two or more candidates for an elected office in order of preference and tabulates the cast ballots in multiple rounds with the elimination of the lowest vote-receiving candidate after each round until a candidate receives a majority of the votes cast.
(c) Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2025, shall be null and void.
History: L. 2025, ch. 18, § 1; April 10.
History: R.S. 1923, 25-501; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1915, ch. 205, § 2; L. 1917, ch. 179, § 1; L. 1921, ch. 181, § 1; R.S. 1923, 25-502; L. 1949, ch. 252, § 2; L. 1951, ch. 265, § 1; L. 1953, ch. 196, § 1; L. 1957, ch. 231, § 1; L. 1961, ch. 197, § 6; L. 1963, ch. 229, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1915, ch. 205, §§ 3, 4; R.S. 1923, 25-503, 25-504; L. 1961, ch. 197, §§ 7, 8; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1915, ch. 205, §§ 5, 6; R.S. 1923, 25-505, 25-506; Repealed, L. 1968, ch. 406, § 145; April 30.
History: R.S. 1923, 25-507; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1915, ch. 205, § 8; R.S. 1923, 25-508; Repealed, L. 1968, ch. 406, § 145; April 30.
The secretary of state shall prescribe the ballot format but ballots shall contain the information required by this section and be substantially in the form set out in this section. The official general ballot for national, state, county and township offices may be printed upon one ballot. All official general ballots shall be printed in black ink on paper through which the printing or writing cannot be read. Such ballots shall be printed on white paper or paper colored as authorized by rules and regulations adopted by the secretary of state.
On the back or outside of each official general ballot, so as to appear when folded, shall be printed the words "official general ballot," followed by the words "national, state, county and township offices," followed by the voting place for which the ballot is prepared and the date of the election. No person's name shall appear on the back or outside of a ballot. All nominations made and certified as provided by law, and none other, shall be printed on the official general ballot. The names of candidates for every office to be voted for at the general election shall be arranged under the office to which each has been nominated.
History: R.S. 1923, 25-601; L. 1968, ch. 406, § 104; L. 1973, ch. 151, § 1; L. 1981, ch. 165, § 3; L. 1992, ch. 291, § 1; July 1.
History: R.S. 1923, 25-602; L. 1949, ch. 254, § 1; L. 1961, ch. 200, § 4; L. 1966, ch. 5, § 4 (Special Session); L. 1968, ch. 406, § 105; L. 1972, ch. 128, § 2; L. 1973, ch. 152, § 1; Repealed, L. 1973, ch. 153, § 30; July 1.
History: R.S. 1923, 25-603; Repealed, L. 1961, ch. 200, § 6; June 30.
History: L. 1961, ch. 200, § 5; L. 1968, ch. 406, § 106; L. 1969, ch. 187, § 1; Repealed, L. 1973, ch. 153, § 30; July 1.
(a) The county election officers shall have charge of the printing of the ballots for all elections, primary, special and general.
(b) Nothing in this subsection shall apply to the printing of ballot labels for use on voting machines.
(c) The ballots shall be printed on paper of sufficient strength as not to be punctured by ordinary pencil marking. Ballots shall be put in the possession of the county election officer at least five days before the election, accompanied by sufficient number, not to exceed 50 for each precinct or area, of exact copies of such ballots, printed on paper of any color, except white, as authorized by rules and regulations adopted by the secretary of state, for the inspection of candidates and agents of the candidates and for distribution through each of the party organizations. If any mistakes are discovered they shall be corrected without delay. County election officers may also obtain and distribute ballots or lists of candidates and other questions to be voted upon on paper of any color authorized by rules and regulations adopted by the secretary of state stamped "SAMPLE BALLOT" in large letters, and these ballots, lists of candidates and other questions to be voted upon shall be used for educational purposes and the distribution shall be for such purpose. The county election officers shall cause to be delivered to the supervising judges, not less than 12 hours before the time fixed by law for the opening of the polls, a number of properly printed ballots fully sufficient to meet the demands and needs of all the voters. Such ballots shall be put in separate sealed packages of 25, 50 or 100 ballots each, with marks on the outside clearly designating the voting place for which they are intended and the number of ballots enclosed. The county election officer shall retain at the county election office an additional supply of ballots to meet any emergency need for such ballots that might arise from loss or destruction of ballots, enlarged vote or any other legitimate cause. The county election officer may make a charge for all sample ballots, lists and materials distributed in an amount not to exceed the actual cost of the materials, printing and the distribution thereof.
History: L. 1893, ch. 78, § 15; L. 1897, ch. 129, § 15; L. 1903, ch. 229, § 1; L. 1909, ch. 134, §§ 1–8; L. 1921, ch. 183, § 1; R.S. 1923, 25-604; L. 1949, ch. 255, § 1; L. 1961, ch. 203, § 1; L. 1968, ch. 406, § 107; L. 1975, ch. 207, § 1; L. 1978, ch. 139, § 1; L. 1980, ch. 108, § 1; L. 1982, ch. 154, § 7; L. 1985, ch. 120, § 1; L. 1992, ch. 6, § 2; L. 1993, ch. 74, § 1; L. 2023, ch. 79, § 25; July 1.
When a constitutional amendment is to be submitted to the voters of the state, a separate ballot may be provided by the county election officers or the proposition may be combined with the official general ballot provided for in K.S.A. 25-601, and amendments thereto. If such propositions are printed on a separate ballot, such ballot shall comply with the requirements for ballots for election of officers insofar as such requirements are applicable. The secretary of state shall prescribe the ballot format but a ballot shall include the information required by this section and be substantially in the form specified in this section. The statement expressing the intent or purpose of the proposition and the effect of a vote for and a vote against the proposition, followed by the words "Shall the following be adopted?" shall be printed on the ballot immediately preceding the full text of the proposed constitutional amendment. If there is more than one constitutional amendment to be voted upon, the different amendments shall be separately numbered and printed, and be separated by a broad solid line 1/8th inch wide or by double lines approximately 1/8th inch apart.
Opposite and after each amendment, submitted shall be printed two squares, one above the other. To the right of the upper one of the squares shall be printed the word "Yes," and to the right of the lower one of the squares shall be printed the word "No." Across the entire width of the ballot, preceding such proposition or propositions, shall be printed the following instructions: "To vote in favor of any question submitted upon this ballot, make a cross or check mark in the square to the left of the word 'Yes'; to vote against it, make a cross or check mark in the square to the left of the word 'No'." On the back of each ballot shall be printed, in addition to other required matters, the words "questions submitted." If such propositions are printed on a separate ballot, county election officers may cause to be printed on the outside of such ballots "Ballot No._______" with the blank filled with a number to aid in distinguishing such ballots when more than one question submitted ballot is voted upon at a voting place.
History: L. 1893, ch. 78, § 16; L. 1897, ch. 129, § 16; L. 1901, ch. 177, § 7; R.S. 1923, 25-605; L. 1968, ch. 406, § 108; L. 1971, ch. 126, § 1; L. 1972, ch. 133, § 1; L. 1978, ch. 137, § 2; L. 1979, ch. 109, § 1; L. 1981, ch. 166, § 2; L. 1992, ch. 291, § 2; L. 1993, ch. 68, § 1; July 1.
Every question or proposition placed upon ballots to be submitted to the voters of a subdivision of government shall be cast and phrased in such language that a "yes" vote shall indicate approval of the matter or course of action proposed. Every such question or proposition seeking approval of a new course of action or a change in conduct shall be cast and phrased in such language that a "yes" vote will approve the new course of action or change in conduct.
History: L. 1979, ch. 104, § 1; July 1.
Whenever a constitutional amendment is submitted to a vote of the electors of the state, the concurrent resolution under which the amendment is submitted shall be printed and, at least two (2) copies thereof shall be posted on the election date in each voting place where such election is held.
History: L. 1915, ch. 209, § 1; R.S. 1923, 25-606; L. 1975, ch. 204, § 4; July 1.
It shall be the duty of the secretary of state to place a copy of any such concurrent resolution in the hands of every county election officer and such officer shall cause such resolution to be printed, posted and distributed as required by law. The cost and expenses connected therewith shall be paid in the same manner as the cost for printing the ballots.
History: L. 1915, ch. 209, § 2; R.S. 1923, 25-607; L. 1968, ch. 406, § 109; April 30.
History: L. 1915, ch. 212, § 1; R.S. 1923, 25-608; Repealed, L. 2021, ch. 96, § 10; July 1.
History: L. 1935, ch. 178, § 1; Repealed, L. 1941, ch. 229, § 1; June 30.
(a) The secretary of state shall furnish to each county election officer forms for ballots in their respective counties. The secretary of state shall prepare a rotation of the different candidates appearing on the official general ballot for the national and state offices for each such office. Such rotation shall be developed and arranged so that each candidate shall have an equal opportunity as near as practicable for the respective offices to which they are nominated. In case there is more than one candidate for any national or state office, the secretary of state shall divide the state or part thereof, into as many divisions as there are names to go on the ballot for each particular office. In making such division the secretary of state shall divide, in regular order, the alphabetical list of counties into the required number of divisions, in such a manner that all divisions are as nearly equal as convenient in the number of registered voters in such division as compiled by the office of the secretary of state. The secretary of state, in certifying the list of names of candidates to the county election officers, shall assign, in regular order from the alphabetical list of candidates for each office, the ballot position for each candidate in such a manner that every candidate for any office shall occupy a different ballot position in each division. When, in the case of candidates for national or state offices elected on less than a statewide basis, the secretary of state finds it impossible to make a division which allows each such candidate in any given district an equitable or fair opportunity to have such candidate's name first on the ballot in the respective counties of the district, the secretary of state shall order the county election officers in the various counties of the district to rotate the names of the candidates for such district offices according to precinct to obtain an equitable division. The names of candidates for the same office but for different terms of service therein shall be arranged in groups according to the length of their respective terms.
In the case of the governor and lieutenant governor running together, when the word "candidate" is used in this section, it shall mean pair of candidates.
(b) The secretary of state shall establish the general election ballot styles for general elections in odd-numbered year elections for municipalities by rules and regulations adopted on or before July 1, 2016.
History: L. 1973, ch. 153, § 17; L. 1975, ch. 204, § 5; L. 1984, ch. 139, § 1; L. 1990, ch. 120, § 3; L. 2015, ch. 88, § 34; July 1.
(a) The arrangement of offices on the official general ballot for national and state offices for those offices to be elected shall be in the following order: Names of candidates for the offices of president and vice-president, United States senator, United States representative ____________ district, governor and lieutenant governor running together, secretary of state, attorney general, (and any other officers elected from the state as a whole), state senator ______ district, state representative _____ district, district judge ________ district, district magistrate judge ____ district, district attorney ________ judicial district, and state board of education member __________ district.
(b) The arrangement of offices on the official general ballot for county township offices for those offices to be elected shall be in the following order: Names of candidates for county commissioner ______ district, county clerk, county treasurer, register of deeds, county attorney, sheriff, township trustee, township treasurer and township clerk.
(c) The secretary of state by rules and regulations adopted on or before July 1, 2016, shall develop the order of arrangement of municipal offices on the general election ballot in odd-numbered year elections.
History: L. 1973, ch. 153, § 18; L. 1976, ch. 181, § 3; L. 1981, ch. 165, § 4; L. 1986, ch. 115, § 73; L. 2001, ch. 81, § 4; L. 2015, ch. 88, § 35; July 1.
The arrangement of the names certified under K.S.A. 25-610, and amendments thereto, by the secretary of state shall govern the county election officer in arranging the ballot, and the county election officer in preparing the ballot for the county shall follow the same arrangements as provided in K.S.A. 25-610 and 25-611, and amendments thereto, for the secretary of state, for the candidates nominated for county offices, using the township and precincts of the county in making his division.
Blank spaces shall be left at the end of the list of candidates for each different office equal to the number to be elected thereto, in which the voter may insert the name of any person not printed on the ballot for whom the voter desires to vote for such office.
History: L. 1973, ch. 153, § 19; L. 1984, ch. 139, § 2; L. 1991, ch. 100, § 1; July 1.
Except as otherwise provided in this section, the name of each candidate shall be printed on the ballot only once and no name that is printed on the ballot shall be written elsewhere on the ballot. If a person is a candidate for the unexpired term for an office such person's name may be printed on the same ballot as a candidate of the same political party for the next regular term for such office. Also, a person may be an independent candidate for the unexpired term for an office and an independent candidate for the next regular term for such office, and the person's name may be printed for both candidacies on the same official general ballot. To the name of each candidate for a state office shall be added the name of the city in which the candidate resides. To the names of pairs of candidates running for governor and lieutenant governor shall be added the name of the city in which or near which each resides. To the name of each candidate for any national, state, county or township offices shall be added the person's political party or political designation in accordance with the nomination papers of the person.
History: L. 1973, ch. 153, § 20; L. 1977, ch. 132, § 2; L. 1981, ch. 165, § 5; L. 1985, ch. 118, § 13; July 1.
Ballots shall be so printed as to give each voter an opportunity to designate by a cross or check mark in the square at the left of the name and designation of each candidate the voter's choice of candidates. Ballots shall be so printed, in the case of governor and lieutenant governor, as to give each voter an equal opportunity to designate by a cross or check mark in the square at the left of the names and designation of each pair of such candidates the voter's choice of pairs of candidates. Upon the ballots may be printed such directions as will aid the voter.
If voting machines are used the arrangement of names on voting machines shall be rotated according to precinct, as near as may be.
History: L. 1973, ch. 153, § 21; L. 1978, ch. 137, § 3; L. 1993, ch. 287, § 4; July 1.
The surnames of the candidates of each political party for the offices of president and vice-president, with the political designation thereof placed at the right of the surnames, shall be in one line. The secretary of state shall prescribe the ballot format but the foregoing shall be substantially as shown in the sample form of the official general ballot in K.S.A. 25-616 and amendments thereto.
History: L. 1973, ch. 153, § 5; L. 1978, ch. 137, § 4; L. 1984, ch. 139, § 3; L. 1992, ch. 291, § 3; July 1.
The secretary of state shall prescribe the ballot format but the national offices part of the official general ballot for national and state offices shall be substantially in the form shown in this section and the state offices part of such ballot shall be substantially in the form shown in K.S.A. 25-617, and amendments thereto.
STATE OF KANSAS
OFFICIAL GENERAL BALLOT
National and State Offices
County of__________
November ______, ____ Year
NATIONAL OFFICES
To vote for presidential electors for candidates for president and vice-president make a cross or check mark in the square at the left of the names of the candidates. To vote for presidential electors to be selected by candidates for president and vice-president whose names are not printed on the ballot, write the persons' names in the appropriate blank spaces and make a cross or check mark in the square at the left of the names of the candidates.
FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND VICE-PRESIDENT
Vote for One Set of Electors
| ☐ JONESTERN AND DOE | Republican | | --- | --- | | ☐ ROEHEAD AND RICHARDBY | Democrat | | ☐ JANEBRAND AND JOHNBERG | Independent | | | Nominations | | ☐ ____________ AND ____________ | |
FOR UNITED STATES SENATOR
Vote for One
| ☐ DAN BOBING, Brussell | Republican | | --- | --- | | ☐ ROBERTA SMITH, Salina | Democrat | | ☐ ________________________ | |
FOR UNITED STATES REPRESENTATIVE
__________________DISTRICT
Vote for One
| ☐ ELMER O'BRIEN, Wichita | Democrat | | --- | --- | | ☐ WM.T. MILLER, Maple City | Republican | | ☐ ________________________ | |
When any office is not to be elected, it shall be omitted from the ballot.
History: L. 1973, ch. 153, § 6; L. 1977, ch. 135, § 1; L. 1978, ch. 137, § 5; L. 1979, ch. 106, § 3; L. 1981, ch. 165, § 6; L. 1984, ch. 139, § 4; L. 1991, ch. 100, § 5; L. 1992, ch. 291, § 4; L. 2001, ch. 81, § 5; July 1.
The secretary of state shall prescribe the ballot format but the state offices part of the official general ballot for national and state offices shall follow the national offices part substantially as is shown in this section.
STATE OFFICES
To vote for the pair of candidates, make a cross or check mark in the square at the left of the names of the candidates for governor and lieutenant governor. To vote for persons for governor and lieutenant governor whose names are not printed on the ballot, write the names of such persons in the blank spaces and make a cross or check mark in the square to the left.
FOR GOVERNOR AND LIEUTENANT GOVERNOR
Vote for One Pair
☐ Sam Jones, Wichita . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Republican
and Bob Smith, Arkansas City
☐ Carol Johnson, Mahaska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Democrat
and Roger Wright, Penalosa
☐ _______________________________________________
and
To vote for a person, make a cross or check mark in the square at the left of the person's name. To vote for a person whose name is not printed on the ballot, write the person's name in the blank space and make a cross or check mark in the square to the left.
FOR SECRETARY OF STATE
Vote for One
☐ ELIZABETH JUANITA MOORE, Zoomer Republican
☐ RUSSEL ADAM, Topeka Democrat
☐ JOAN SAYLOR, Goodland Prohibition
☐ CHARLES (CHUCK) BROWNING, Kansas City Independent
Nomination
☐ _______________________________________________
FOR ATTORNEY GENERAL
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
(and continuing in like manner for any other officers elected from the state as a whole)
FOR STATE SENATOR
__________ DISTRICT
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
FOR STATE REPRESENTATIVE
__________ DISTRICT
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
FOR DISTRICT JUDGE
__________ DISTRICT
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
FOR DISTRICT MAGISTRATE JUDGE
__________ DISTRICT
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
FOR DISTRICT ATTORNEY
_________ JUDICIAL DISTRICT
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
FOR STATE BOARD OF EDUCATION MEMBER
__________ DISTRICT
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
When any office is not to be elected, it shall be omitted from the ballot.
When a voting machine does not provide sufficient space to accommodate the full names of the candidates for governor and lieutenant governor, only the surname of such candidates shall be required to be printed on the ballot label unless surnames of one or more of the candidates are the same.
History: L. 1973, ch. 153, § 7; L. 1975, ch. 208, § 1; L. 1976, ch. 181, § 4; L. 1978, ch. 137, § 6; L. 1981, ch. 165, § 7; L. 1986, ch. 115, § 74; L. 1991, ch. 100, § 2; L. 1992, ch. 291, § 5; July 1.
(a) The official general ballot for county and township offices may be separate from the official general ballot for national and state offices or may be combined with the official general ballot provided for in K.S.A.
25-601, and amendments thereto. The secretary of state shall prescribe the ballot format but the ballot shall be substantially in the form shown in this section and K.S.A.
25-611, and amendments thereto.
STATE OF KANSAS
OFFICIAL GENERAL BALLOT
County and Township Offices
County of _________, City (or Township) of _________
November __________, _______ year
To vote for a person, make a cross or check mark in the square at the left of the person's name. To vote for a person whose name is not printed on the ballot, write the person's name in the blank space and make a cross or check mark in the square to the left.
FOR COUNTY COMMISSIONER
__________ DISTRICT
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
FOR COUNTY CLERK
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
FOR COUNTY TREASURER
Vote for One
☐ _______________________________________________
☐ _______________________________________________
☐ _______________________________________________
Continue in like manner for all county and township offices to be elected.
(b) The official general election ballot style for municipalities shall be established by the secretary of state by rules and regulations adopted on or before July 1, 2016.
History: L. 1973, ch. 153, § 8; L. 1978, ch. 137, § 7; L. 1981, ch. 165, § 8; L. 1992, ch. 291, § 6; L. 2001, ch. 81, § 6; L. 2015, ch. 88, § 36; July 1.
No title, degree or other symbol of accomplishment, occupation or qualification either by way of prefix or suffix shall accompany or be added to the name of any candidate for nomination or election to any office on ballots in any primary or general election. The provisions of this section shall not prohibit use of a prefix or suffix when necessary to distinguish one candidate from another.
History: L. 1973, ch. 148, § 1; March 1.
Except for propositions to amend the constitution, when a proposition or question is to be submitted to the voters of the state or any part thereof, a separate ballot shall be provided by the county election officers except that when such proposition or question is to be submitted at an election conducted at the time of the holding of an election of officers such proposition may be printed on the ballot for the election of such officers. The secretary of state shall prescribe the ballot format but the ballot shall substantially comply with the requirements for ballots for election of officers insofar as such requirements are applicable and the provisions of this section. On the ballot there shall be printed the proposition or question to be voted on. Each proposition or question shall be preceded by the words, "Shall the following be adopted?" If there is more than one proposition or question to be voted on, the different propositions or questions shall be separately numbered and printed, and be separated by a broad solid line 1/8th inch wide or by double lines approximately 1/8th inch apart.
Opposite and after each proposition and question shall be printed two squares, one above the other. To the right of the upper one of the squares shall be printed the word "Yes," and to the right of the lower one of the squares shall be printed the word "No." Across the entire width of the ballot, at the top, shall be printed the following instructions: "To vote in favor of any question submitted upon this ballot, make a cross or check mark in the square to the left of the word 'Yes'; to vote against it, make a cross or check mark in the square to the left of the word 'No'." On the back of each such ballot shall be printed, in addition to other required matters, the words "questions submitted." County election officers shall cause to be printed on the outside of question submitted ballots "Ballot No.________" with the blank filled with a number to aid in distinguishing such ballots when more than one question submitted ballot is voted upon at a voting place.
History: L. 1981, ch. 166, § 4; L. 1983, ch. 122, § 1; L. 1992, ch. 291, § 7; July 1.
(a) The secretary of state shall prescribe the ballot format but whenever the proposition of the method of selection of judge of the district court is submitted to the voters, the form of the ballot shall substantially be as provided in K.S.A. 20-2901, and amendments thereto, and may be combined with the official general ballot provided for in K.S.A. 25-601, and amendments thereto.
(b) This section shall be part of and supplemental to chapter 25 of the Kansas Statutes Annotated.
History: L. 1982, ch. 130, § 17; L. 1992, ch. 291, § 8; July 1.
The secretary of state may designate temporary alternative methods for the distribution of ballots in cases of war, natural or man-made disasters, equipment failures or other emergency conditions or circumstances which make it impossible for voters in a voting area to obtain ballots as provided by law.
History: L. 2000, ch. 48, § 1; July 1.
(a) A county election officer may request the preparation of a ballot language statement for the purposes of explaining the language of a ballot question of any municipality as defined by K.S.A. 75-6102, and amendments thereto.
(1) If a request is submitted pursuant to this subsection and if the ballot question language was derived from a petition submitted to the office of the county attorney, district attorney or county counselor pursuant to K.S.A. 25-3601, and amendments thereto, such county election officer shall, within 10 days of certification, request the office of the county attorney, district attorney or county counselor, as applicable, to prepare the ballot language statement in compliance with the requirements of paragraph (3).
(2) If a request is submitted pursuant to this subsection and if the ballot question language did not derive from a petition submitted to the office of the county attorney, district attorney or county counselor pursuant to K.S.A. 25-3601, and amendments thereto, such county election officer shall, within 10 days of publication, request the office of secretary of state to prepare the ballot language statement in compliance with the requirements of paragraph (3).
(3) A ballot language statement shall fairly and accurately explain what a vote for and what a vote against the measure represents. Such ballot language statements shall be true and impartial statements of the effect of a vote for and against the measure in language neither intentionally argumentative nor likely to create prejudice for or against the proposed measure. A ballot language statement shall be prepared and transmitted in good faith and without malice.
(b) (1) Within 15 days of a request by a county election officer to prepare a ballot language statement pursuant to subsection (a)(1), the office of the county attorney, district attorney or county counselor, as applicable, shall prepare and forward such ballot language statement to the office of secretary of state for approval by the secretary of state or the secretary of state's designee that such ballot language statement complies with the requirements of subsection (a)(3). Within five days following the receipt of the ballot language statement, the office of secretary of state shall furnish the county election officer with the ballot language statement as approved by the office of secretary of state as in compliance with the requirements of subsection (a)(3).
(2) Within 15 days of a request by a county election officer to prepare a ballot language statement pursuant to subsection (a)(2), the secretary of state or the secretary's designee shall prepare and forward such ballot language statement to the office of the attorney general for approval by the attorney general, or any assistant attorney general, that such ballot language statement complies with the requirements of subsection (a)(3). Within five days following the receipt of the ballot language statement, the office of the attorney general shall furnish the county election officer with the ballot language statement as approved by the office of the attorney general as in compliance with the requirements of subsection (a)(3).
(c) A ballot language statement prepared under this section shall be:
(1) Posted in each polling place, but shall not be placed on the ballot;
(2) provided to registered voters voting by advance ballot. Such ballot language statement shall not be placed on the ballot when provided to a registered voter voting by advance ballot; and
(3) made available for public inspection in the office of the county election officer. A ballot language statement prepared under this section may be posted on the official website of the county.
(d) There shall be no cause of action at law or in equity challenging the validity of the form of a ballot language statement prepared under this section. There shall be no liability on the part of and no cause of action of any nature shall arise against the attorney general, any assistant attorney general, the secretary of state, the secretary of state's employees, the county election officer, the county attorney, the district attorney or the county counselor as a result of the preparation of a ballot language statement under this section. The preparation of a ballot language statement shall not form any basis for an election contest or result in the waiver of any immunity by the state or any of its subdivisions.
(e) If the ballot language statement is not available to insert with the advance ballots, no ballot language statement shall be prepared or made available at the polling place, office of the county election officer, on the official website of the county or the news media.
(f) The secretary of state may promulgate by rules and regulations the rights and responsibilities of election officials which shall be taught to all election officials to aid such officials in understanding their jobs.
History: L. 2014, ch. 98, § 1; May 15.
History: R.S. 1923, 25-701; Repealed, L. 1968, ch. 406, § 145; April 30.
(a) In all elections for the choice of any officer, except the offices of governor and lieutenant governor, unless it is otherwise expressly provided, the person having the highest number of votes for any office shall be deemed to have been elected to that office; and whenever it shall satisfactorily appear that any person has received the highest number of votes for any office, such person shall receive the certificate of election, notwithstanding the provisions of law may not have been fully complied with in noticing and conducting the election, so that the real will of the people may not be defeated by any technical irregularity of any officer.
(b) In all elections for the choice of governor and lieutenant governor, the pair of candidates having the highest number of votes shall be deemed to have been elected. Whenever it shall satisfactorily appear that any pair of candidates has received the highest number of votes for governor and lieutenant governor, such candidates shall receive certificates of election, notwithstanding the provisions of law may not have been fully complied with in noticing and conducting the election, so that the real will of the people may not be defeated by any technical irregularity of any officer.
History: G.S. 1868, ch. 36, § 29; R.S. 1923, 25-702; L. 1973, ch. 153, § 22; L. 1987, ch. 126, § 2; July 1.
History: G.S. 1868, ch. 36, § 30; R.S. 1923, 25-703; Repealed, L. 1968, ch. 406, § 145; April 30.
History: R.S. 1923, 25-704; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 32; R.S. 1923, 25-705; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 33; R.S. 1923, 25-706; Repealed, L. 1968, ch. 406, § 145; April 30.
Revisor's Note: Section transferred to 25-3201.
Revisor's Note: Section transferred to 25-3204.
History: G.S. 1868, ch. 36, §§ 36, 74; R.S. 1923, 25-709, 25-710; Repealed, L. 1968, ch. 406, § 145; April 30.
Revisor's Note: Section transferred to 25-3206.
History: G.S. 1868, ch. 36, § 38; R.S. 1923, 25-712; Repealed, L. 1968, ch. 406, § 145; April 30.
Revisor's Note: Section transferred to 25-3211.
Revisor's Note: Section transferred to 25-3210.
Revisor's Note: Section transferred to 25-3209.
(a) Notwithstanding the fact that the provisions of law may not have been fully complied with in noticing and conducting a question submitted election and so that the real will of the people may not be defeated by any technical irregularity of any officer, whenever the greater number of votes were in favor of a question submitted, the question shall be deemed to have carried and likewise if the greater number of votes were against a question submitted, the question shall be deemed not to have carried.
(b) "Question submitted election" means any election at which a special question is to be voted on by the electors of the state or a part of them.
History: L. 1987, ch. 126, § 1; July 1.
The secretary of state shall prepare a list of the names of the electors of president and vice-president of the United States, elected at any election, procure thereto the signature of the governor, affix the seal of the state to the same and deliver such certificate, thus signed, to each elector on or before the first Wednesday in December, next after such election.
History: G.S. 1868, ch. 36, § 42; R.S. 1923, 25-801; L. 2023, ch. 24, § 2; July 1.
The electors of president and vice-president of the United States shall convene at the capital of the state on the first Tuesday after the second Wednesday in December after their election, at the hour of twelve o'clock at noon of that day. If there shall be any vacancy in the office of electors, occasioned by death, refusal to act, neglect to attend or other cause, the electors present shall immediately proceed to fill, by ballot and by a plurality of votes, such vacancy in the electoral college. When the electors shall appear, or the vacancies shall have been filled as above provided, the electors shall proceed to perform the duties required of such electors by the constitution and laws of the United States.
History: G.S. 1868, ch. 36, § 43; L. 1887, ch. 155, § 1; R.S. 1923, 25-802; L. 1929, ch. 178, § 1; L. 1935, ch. 175, § 1; L. 2023, ch. 24, § 3; July 1.
History: G.S. 1868, ch. 36, § 44; R.S. 1923, 25-803; Repealed, L. 2023, ch. 24, § 6; July 1.
(a) Each political party that is a recognized political party in accordance with K.S.A. 25-302a, and amendments thereto, shall adopt procedures to select presidential electors and select presidential electors in accordance with such procedures.
(b) (1) The names of the presidential electors for a presidential candidate of a political party with a state organization shall be certified to the secretary of state by the chairperson of the state political party.
(2) The names of presidential electors for presidential candidates of a political party that does not have a state organization shall be certified to the secretary of state by the chairperson of the national political party.
(3) The names of presidential electors for independent presidential candidates shall be selected and certified to the secretary of state by the candidate.
(c) All names of presidential electors shall be certified to the secretary of state on or before September 1 of the year in which there is a presidential election.
History: L. 1981, ch. 165, § 10; L. 2023, ch. 24, § 4; July 1.
(a) Every committee, club, organization, municipality or association designed to promote or engaged in promoting the success or defeat of any party or the election or defeat of any candidate or candidates for any city of the second and third class, unified school district, except unified school districts having 35,000 or more students regularly enrolled in the preceding school year, any community college or township office or the adoption or defeat of any question submitted at any city, unified school district, community college, township or county election, shall have a treasurer, and shall cause to be kept a detailed account of all moneys or property or other thing of value received by it, and of the manner in which the same shall be expended. Such committee, club, organization, municipality or association shall file annually with the county election officer of the county in which such committee, club, organization, municipality or association has its headquarters a statement of all its receipts and expenditures, showing in detail from whom such moneys or property or other thing of value were received, to whom such moneys or property or other thing of value were paid, for what specific purposes each payment was made, and the exact nature of the service rendered in consideration thereof.
(b) The annual statement shall be filed on or before December 31 and shall cover the period ending on December 1 immediately preceding.
(c) This section and K.S.A. 25-905, and amendments thereto, shall not be construed to require any committee, club, organization, municipality or association that is subject to the campaign finance act, K.S.A. 25-4101 et seq., and amendments thereto, to file reports required by this act.
History: L. 1909, ch. 135, § 1; R.S. 1923, 25-901; L. 1959, ch. 177, § 1; L. 1968, ch. 54, § 1; L. 1969, ch. 188, § 1; L. 1975, ch. 209, § 21; L. 1990, ch. 306, § 21; L. 1991, ch. 150, § 9; L. 2023, ch. 79, § 26; July 1.
Any person violating any of the provisions of K.S.A. 25-901, as amended, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars ($100).
History: L. 1909, ch. 135, § 2; R.S. 1923, 25-902; L. 1968, ch. 54, § 2; March 19.
History: L. 1915, ch. 211, § 1; R.S. 1923, 25-903; L. 1959, ch. 178, § 1; L. 1966, ch. 5, § 5 (Special Session); L. 1968, ch. 54, § 3; L. 1974, ch. 158, § 1; Repealed, L. 1976, ch. 193, § 3; April 12.
(a) Every candidate for election to any city of the second and third class, unified school district, community college or township office subject to this act who intends to expend or have expended on such person's behalf an aggregate amount or value of less than $1,000, exclusive of such candidate's filing fee, and who intends to receive or have received on such person's behalf contributions in an aggregate amount or value of less than $1,000 in each of the primary and general elections shall file, not later than the ninth day preceding the primary election, an affidavit of such intent with the county election officer of the county of residence of the candidate. No report required by subsection (b) shall be required to be filed by or for such candidate.
(b) Except as provided in subsection (a) it shall be the duty of every candidate for nomination or for election to any city of the second and third class, unified school district, community college or township office subject to this act, within 30 days after each primary, general or special election, to file with the county election officer an itemized statement under oath stating the name and address of each person who has made any contribution in excess of $50 during the election period together with the amount and date of such contributions and an itemized statement of all expenditures made by such candidate or obligations contracted or incurred by such candidate in connection with each primary, general or special election.
(c) No candidate which is subject to the provisions of the campaign finance act, K.S.A. 25-4142 et seq., and amendments thereto, shall be required to file any report required by this section.
(d) Any candidate who has signed an affidavit pursuant to subsection (a) and who incurs expenses in excess of or receives contributions in excess of $1,000, exclusive of such candidate's filing fee for either the primary or the general election, shall file the report required by subsection (b).
History: R.S. 1923, 25-904; L. 1966, ch. 5, § 6 (Special Session); L. 1968, ch. 54, § 4; L. 1974, ch. 158, § 2; L. 1990, ch. 122, § 15; L. 1992, ch. 57, § 1; L. 2015, ch. 85, § 2; July 1.
History: R.S. 1923, 25-904; L. 1966, ch. 5, § 6 (Special Session); L. 1968, ch. 54, § 4; L. 1974, ch. 158, § 2; L. 1990, ch. 306, § 22; Repealed, L. 1992, ch. 57, § 2; July 1.
Every person who shall violate any of the provisions of K.S.A. 25-903 or 25-904, as amended, or who shall fail, neglect or refuse to comply with any of the provisions thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one thousand dollars ($1,000). The conviction of any person of a violation of any of the provisions of K.S.A. 25-903, as amended, shall at once vacate any office held by him, and such person shall be disqualified from holding any public office for a period of two (2) years: Provided, That the penalties and forfeitures herein imposed shall not apply to candidates for city of the third class or township offices.
Upon the failure of any candidate for nomination or election to any city of the first or second class, school district, community junior college, county or state office, to file his statement of expenses as provided in K.S.A. 25-904, as amended, it shall be the duty of the officer with whom such statement should be filed, within ten (10) days from the expiration of the time for filing such statement and before any action is brought to enforce the penalties above provided, to notify such candidate that he has failed to file such statement, and in case such candidate files such statement within ten (10) days from the time of receiving such notice, and such statement shows that he has not expended a sum greater than permitted by law, then the penalties and forfeitures herein provided shall not be imposed upon such candidates unless such statement is shown to be untrue.
History: L. 1915, ch. 211, § 3; R.S. 1923, 25-905; L. 1935, ch. 176, § 1; L. 1943, ch. 157, § 1; L. 1968, ch. 54, § 5; March 19.
History: L. 1901, ch. 180, § 1; L. 1911, ch. 181, § 1; R.S. 1923, 25-1001; L. 1943, ch. 158, § 1; L. 1949, ch. 256, § 1; Repealed, L. 1965, ch. 245, § 11; June 30.
History: L. 1901, ch. 180, § 2; R.S. 1923, 25-1002; L. 1943, ch. 158, § 2; Repealed, L. 1965, ch. 245, § 11; June 30.
History: L. 1943, ch. 158, § 3; Repealed, L. 1965, ch. 245, § 11; June 30.
History: L. 1901, ch. 180, § 3; L. 1911, ch. 181, § 2; R.S. 1923, 25-1003; Repealed, L. 1965, ch. 245, § 11; June 30.
History: L. 1901, ch. 180, § 4; L. 1917, ch. 183, § 1; R.S. 1923, 25-1004; Repealed, L. 1965, ch. 245, § 11; June 30.
History: L. 1901, ch. 180, § 5; R.S. 1923, 25-1005; Repealed, L. 1965, ch. 245, § 11; June 30.
History: L. 1901, ch. 180, §§ 6, 7; R.S. 1923, 25-1006, 25-1007; Repealed, L. 1965, ch. 245, § 11; June 30.
History: L. 1913, ch. 194, § 1; R.S. 1923, 25-1008; Repealed, L. 1965, ch. 245, § 11; June 30.
History: R.S. 1923, 25-1101; L. 1929, ch. 179, § 1; L. 1943, ch. 159, § 1; L. 1965, ch. 245, § 1; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1102; L. 1929, ch. 179, § 2; L. 1943, ch. 159, § 2; L. 1953, ch. 197, § 8; L. 1965, ch. 245, § 2; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1103; L. 1929, ch. 179, § 3; L. 1943, ch. 159, § 3; L. 1953, ch. 197, § 9; L. 1965, ch. 245, § 3; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1104; L. 1929, ch. 179, § 4; L. 1941, ch. 230, § 1; L. 1943, ch. 159, § 4; L. 1955, ch. 208, § 1; L. 1965, ch. 245, § 4; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 5; R.S. 1923, 25-1105; L. 1929, ch. 179, § 5; L. 1943, ch. 159, § 5; L. 1949, ch. 256, § 2; L. 1965, ch. 245, § 5; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 6; R.S. 1923, 25-1106; L. 1929, ch. 179, § 6; L. 1943, ch. 159, § 6; L. 1949, ch. 256, § 3; L. 1961, ch. 204, § 1; L. 1965, ch. 245, § 6; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 7; R.S. 1923, 25-1107; Repealed, L. 1943, ch. 159, § 9; June 28.
History: L. 1919, ch. 189, § 8; R.S. 1923, 25-1108; L. 1929, ch. 179, § 7; L. 1943, ch. 159, § 7; L. 1965, ch. 245, § 7; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 9; R.S. 1923, 25-1109; L. 1929, ch. 179, § 8; L. 1943, ch. 159, § 8; L. 1965, ch. 245, § 8; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 10; R.S. 1923, 25-1110; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, §§ 11, 12; R.S. 1923, 25-1111, 25-1112; L. 1965, ch. 245, §§ 9, 10; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 13; R.S. 1923, 25-1113; Repealed, L. 1967, ch. 208, § 19; July 1.
As used in this act, the words and phrases set out in K.S.A. 25-1115 to 25-1118 shall have the meanings respectively ascribed to them unless the context requires a different meaning.
History: L. 1967, ch. 208, § 1; July 1.
(a) "General election" means the elections held on the Tuesday following the first Monday in November of both even-numbered and odd-numbered years, and in the case of an election of any officers to fill vacancies held on a date other than the Tuesday following the first Monday in November, the election at which any such officer is finally elected.
(b) "Primary election" means the elections held on the first Tuesday in August of both even-numbered and odd-numbered years and any other preliminary election held on a date other than the first Tuesday in August at which part of the candidates for election to any national, state, county, city, school or other municipal office are eliminated by the process of the election but at which no officer is finally elected.
(c) "Special election" means any election held on the first Tuesday after the first Monday in March of any year or on the same day as a general or primary election.
History: L. 1967, ch. 208, § 2; L. 1983, ch. 123, § 2; L. 2015, ch. 88, § 37; L. 2023, ch. 79, § 27; L. 2025, ch. 82, § 3; July 1.
(a) "National election" means the election of members of the United States house of representatives, members of the United States senate and members of the United States presidential electoral college.
(b) "State election" means the election of state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County election" means the election of such county officers as are provided by law to be elected.
(d) "City election" means the election of such city officers as are provided by law to be elected.
(e) "School election" means the election of members of the governing body of a school district or a community college.
History: L. 1967, ch. 208, § 3; L. 1976, ch. 181, § 5; L. 1986, ch. 115, § 75; January 12, 1987.
(a) "Question submitted election" means any election at which a special question is to be voted on by the electors of the state or a part of them.
(b) "Election officer" means the county clerk or the election commissioner, if there is one, or the city clerk when specifically charged by law to conduct a particular election.
(c) "Ballot" or "advance voting ballot" means the ballot a voter casts, except ballots cast under the authority of K.S.A. 25-1214 through 25-1228, and amendments thereto.
History: L. 1967, ch. 208, § 4; L. 1995, ch. 192, § 27; L. 1996, ch. 187, § 23; April 25.
(a) "National office" or "national officer" means the office of members of the United States house of representatives, members of the United States senate and members of the United States presidential electoral college.
(b) "State office" or "state officer" means the state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County office" or "county officer" means such county officers as are provided by law to be elected.
(d) "City office" or "city officer" means such city officers as are provided by law to be elected.
(e) "School office" or "school officer" means members of the governing body of any school district or community college.
History: L. 1967, ch. 208, § 5; L. 1976, ch. 181, § 6; L. 1986, ch. 115, § 76; January 12, 1987.
(a) Any registered voter is eligible to vote by advance voting ballot on all offices and to vote by advance voting ballot on questions submitted on which such elector would otherwise be entitled to vote.
(b) The votes of such electors shall be cast and received and canvassed as provided in this act.
History: L. 1967, ch. 208, § 6; L. 1968, ch. 127, § 1; L. 1972, ch. 134, § 1; L. 1976, ch. 182, § 1; L. 1978, ch. 140, § 1; L. 1980, ch. 109, § 1; L. 1981, ch. 167, § 1; L. 1995, ch. 192, § 17; July 1.
When the names to appear on ballots are definitely known and not later than 20 days prior to any primary, general or question submitted election each county election officer shall cause to be prepared such number of advance voting ballots and ballot envelopes as in the election officer's judgment are necessary to carry out the requirements of this act. Except as otherwise provided in this section, such ballots shall contain the names and cities of residence of all persons who are candidates for all national, state, county, city, township and school offices, which names may be written, typewritten or printed. On the same line with each candidate's name shall be a square in the ordinary form, or parentheses in which the voter can place a cross or check mark. In the case of elections required by law to be conducted on a partisan basis, such ballot shall indicate the political party of each candidate. In all counties in which the same, or reproductions of the same, ballots which are presented to electors at the polls for voting on election day can be used for advance voting, the names of candidates for the offices of precinct committeeman and committeewoman shall be printed on the ballots. In counties in which ballots or reproductions of ballots presented to electors at the polls for voting on election day cannot be used for advance voting, the ballots may contain blank lines for writing in names of candidates for precinct committeemen and committeewomen together with the number of the precinct or name of the township of such candidate. On the same line with each blank line shall be a square in the ordinary form or parenthesis in which the voter can place the appropriate mark.
The county election officer of any county may number such advance voting ballots. If the county election officer of any county elects to prepare advance voting ballots and ballot envelopes without identifying consecutive numbers, such officer shall prepare and distribute such ballots and envelopes in accordance with a plan approved by the secretary of state. If the county election officer elects to number such ballots, all advance voting ballots shall be consecutively numbered, and the ballot envelope for each ballot, if such envelope is required as provided in K.S.A. 25-1123, and amendments thereto, shall bear the same number as the ballot. The ballot envelope shall also bear a declaration in substance as follows:
THIS DECLARATION MUST BE COMPLETED AND SIGNED
"I ___________________ do hereby declare that I marked the enclosed ballot and that such ballot was enclosed and sealed in this envelope by me. My legal residence is in the _____________ precinct, ______________ township, (or, in the ________________ precinct of the ______________ ward, ______________ street in the city of ______________), in the county of ______________, state of Kansas.
(Signed) ______________."
The ballot envelope shall also contain a statement advising the voter that the signed envelope will be separated from the ballot to guarantee the confidentiality of the vote cast.
The ballot envelope to be used for voting by a former precinct resident shall also state the place of former residence of the voter and the date of removal therefrom to the voter's present residence.
History: L. 1967, ch. 208, § 7; L. 1972, ch. 134, § 2; L. 1973, ch. 154, § 1; L. 1978, ch. 137, § 8; L. 1978, ch. 140, § 2; L. 1983, ch. 124, § 1; L. 1990, ch. 123, § 1; L. 1992, ch. 45, § 1; L. 1993, ch. 287, § 5; L. 1995, ch. 192, § 18; July 1.
(a) The secretary of state shall prescribe the general forms of advance voting ballots to be used in all primary and general elections and the form of the printed instructions to voters containing a statement of all the requirements of this act, to enable voters to comply with the requirements of this act. The prescribed forms shall be transmitted to the county election officers 35 days before each primary and general election.
(b) The secretary of state shall prescribe the general format of advance voting ballot envelopes. The envelopes shall include signature blocks for the advance voter; a signature block for the person, if any, assisting the advance voter; and a signature block for a person, if any, who signs the advance voting ballot envelope on behalf of the advance voter in situations when the advance voter is physically unable to sign the envelope.
(c) The advance ballot envelope shall contain the following statement after the signature block provided for the person who signs the advance ballot envelope on behalf of a person physically unable to sign such envelope:
"My signature constitutes an affidavit that the person for whom I signed the envelope is a person who is physically unable to sign such envelope. By signing this envelope, I swear this information is true and correct, and that signing an advance ballot envelope under false pretenses shall constitute the crime of perjury."
History: L. 1967, ch. 208, § 8; L. 1972, ch. 134, § 3; L. 1978, ch. 140, § 3; L. 1995, ch. 192, § 19; L. 2018, ch. 116, § 5; July 1.
(a) Any 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 shall be transmitted only to the county election officer by personal delivery, mail, facsimile or as otherwise provided by law.
(b) If the registered voter is applying for an advance voting ballot to be transmitted in person, the voter shall provide identification pursuant to K.S.A. 25-2908, and amendments thereto.
(c) If the registered voter is applying for an advance voting ballot to be transmitted by mail, the voter shall provide with the application for an advance voting ballot the voter's current and valid Kansas driver's license number, nondriver's identification card number or a photocopy of any other identification provided by K.S.A. 25-2908, and amendments thereto.
(d) A voter may vote a provisional ballot according to K.S.A. 25-409, and amendments thereto, if:
(1) The voter is unable or refuses to provide current and valid identification; or
(2) the name and address of the voter provided on the application for an advance voting ballot do not match the voter's name and address on the registration book. The voter shall provide a valid form of identification as defined in K.S.A. 25-2908, and amendments thereto, to the county election officer in person or provide a copy by mail or electronic means before the meeting of the county board of canvassers. At the meeting of the county board of canvassers the county election officer shall present copies of identification received from provisional voters and the corresponding provisional ballots. If the county board of canvassers determines that a voter's identification is valid and the provisional ballot was properly cast, the ballot shall be counted.
(e) No county election officer shall provide an advance voting ballot to a person who is requesting an advance voting ballot to be transmitted by mail unless:
(1) The county election official verifies that the signature of the person matches that on file in the county voter registration records, except that verification of the voter's signature shall not be required if a voter has a disability preventing the voter from signing. Signature verification may occur by electronic device or by human inspection. In the event that the signature of a person who is requesting an advance voting ballot does not match that on file, the county election officer shall attempt to contact the person and shall offer the person another opportunity to provide the person's signature for the purposes of verifying the person's identity. If the county election officer is unable to reach the person, the county election officer may transmit a provisional ballot, however, such provisional ballot may not be counted unless a signature is included therewith that can be verified; and
(2) the person provides such person's full Kansas driver's license number, Kansas nondriver's identification card number issued by the division of vehicles, or submits such person's application for an advance voting ballot and a copy of identification provided by K.S.A. 25-2908, and amendments thereto, to the county election officer for verification. If a person applies for an advance voting ballot to be transmitted by mail but fails to provide identification pursuant to this subsection or the identification of the person cannot be verified by the county election officer, the county election officer shall provide information to the person regarding the voter rights provisions of subsection (d) and shall provide the person an opportunity to provide identification pursuant to this subsection. For the purposes of this act, Kansas state offices and offices of any subdivision of the state will allow any person seeking to vote by an advance voting ballot the use of a photocopying device to make one photocopy of an identification document at no cost.
(f) (1) Applications for advance voting ballots to be transmitted to the voter by mail shall be filed only at the following times:
(A) For the primary election occurring on the first Tuesday in August in both even-numbered and odd-numbered years, between April 1 of such year and the Tuesday of the week preceding such primary election;
(B) for the general election occurring on the Tuesday following the first Monday in November in both even-numbered and odd-numbered years, between 90 days prior to such election and the Tuesday of the week preceding such general election;
(C) for the presidential preference primary election held pursuant to K.S.A. 25-4501a, and amendments thereto, between January 1 of the year in which such election is held and 30 days prior to the day of such election;
(D) for question submitted elections occurring on the date of a primary or general election, the same as is provided for ballots for election of officers at such election;
(E) 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 Tuesday 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 final date for mailing of advance voting ballots shall be one week before such election; and
(F) for any special election of officers, at such time as is specified by the secretary of state.
(2) The county election officer of any county may receive applications prior to the time specified in this subsection and hold such applications until the beginning of the prescribed application period. Such applications shall be treated as filed on that date.
(g) (1) Unless an earlier date is designated by the county election office, applications for advance voting ballots transmitted to the voter in person shall be filed on the Tuesday next preceding the election and on each subsequent business day 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, the county election officer shall deliver to the voter such ballots and instructions as are provided for in this act.
(2) An application for an advance voting ballot filed by a voter who has a temporary illness or disability or who is not proficient in reading the English language 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.
(3) The county election 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. 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.
(h) Any person having a permanent disability or an illness that has been diagnosed as a permanent illness 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 application for advance voting ballots and also shall contain information that establishes the voter's right to permanent advance voting status.
(i) 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 precinct, ward, township or voting area in which the 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. 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 the applications shall enter upon a record kept by such officer the name and address of each applicant, which record shall conform to the list above required. Before inspection of any advance voting ballot application list, the person desiring to make the inspection shall provide to the county election officer identification in the form of driver's license or other reliable identification and shall sign a log book or application form maintained by the officer stating the 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 voter identification information required by subsections (b) and (c) and the identifying number on ballots and ballot envelopes and records of such numbers shall not be made public.
(j) If a person on the permanent advance voting list fails to vote in four consecutive general elections, the county election officer may mail a notice to such voter. The notice shall inform the voter that the voter's name will be removed from the permanent advance voting list unless the voter renews the application for permanent advance voting status within 30 days after the notice is mailed. If the voter fails to renew such application, the county election officer shall remove the voter's name from the permanent advance voting list. Failure to renew the application for permanent advance voting status shall not result in removal of the voter's name from the voter registration list.
(k) (1) Any person who solicits by mail a registered voter to file an application for an advance voting ballot and includes an application for an advance voting ballot in such mailing shall include on a page in such mailing a clear and conspicuous label in 10-point font or larger that includes:
(A) The name of the individual or organization that caused such solicitation to be mailed;
(B) the address of such individual or organization; and
(C) the following statement: "Disclosure: This is not a government mailing. It is from a private individual or organization."
(2) The application for an advance voting ballot included in such mailing shall be the official application for advance ballot by mail provided by the secretary of state or the appropriate county election office. No portion of such application shall be completed prior to mailing such application to the registered voter, except that the date of the election may be printed on the application.
(3) An application for an advance voting ballot shall include information on how to mail such application to the appropriate county election office. In no case shall the person who mails the application to the voter direct that the completed application be returned to such person.
(4) The provisions of this subsection shall not apply to:
(A) The secretary of state or any election official or county election office; or
(B) the official protection and advocacy for voting access agency for this state as designated pursuant to the federal help America vote act of 2002, public law 107-252, or any other entity required to provide information concerning elections and voting procedures by federal law.
(5) A violation of this subsection is a class C nonperson misdemeanor.
(l) (1) No person shall mail or cause to be mailed an application for an advance voting ballot, unless such person is a resident of this state or is otherwise domiciled in this state.
(2) Any individual may file a complaint in writing with the attorney general alleging a violation of this subsection. Such complaint shall include the name of the person alleged to have violated this subsection and any other information as required by the attorney general. Upon receipt of a complaint, the attorney general shall investigate and may file an action against any person found to have violated this subsection.
(3) Any person who violates the provisions of this subsection is subject to a civil penalty of $20. Each instance in which a person mails an application for an advance voting ballot in violation of this section shall constitute a separate violation.
(m) A county election officer shall not mail a ballot to a voter unless such voter has submitted an application for an advance voting ballot, except that a ballot may be mailed to a voter if such voter has permanent advance voting ballot status pursuant to subsection (h) or if the election is conducted pursuant to the mail ballot election act, K.S.A. 25-431 et seq., and amendments thereto.
(n) The secretary of state may adopt rules and regulations in order to implement the provisions of this section and to define valid forms of identification.
History: L. 1967, ch. 208, § 9; L. 1968, ch. 406, § 144; L. 1972, ch. 134, § 4; L. 1973, ch. 154, § 2; L. 1976, ch. 183, § 1; L. 1978, ch. 140, § 4; L. 1978, ch. 142, § 1; L. 1980, ch. 110, § 1; L. 1981, ch. 168, § 1; L. 1983, ch. 123, § 3; L. 1984, ch. 140, § 1; L. 1995, ch. 192, § 20; L. 1996, ch. 187, § 24; L. 1997, ch. 124, § 1; L. 1999, ch. 105, § 12; L. 2000, ch. 151, § 1; L. 2001, ch. 81, § 9; L. 2001, ch. 211, § 5; L. 2004, ch. 93, § 1; L. 2008, ch. 3, § 1; L. 2011, ch. 56, § 2; L. 2015, ch. 88, § 38; L. 2017, ch. 49, § 7; L. 2018, ch. 116, § 2; L. 2021, ch. 97, § 3; L. 2023, ch. 67, § 1; L. 2023, ch. 91, § 3; L. 2025, ch. 61, § 2; July 1.
The county election officer of any county in which voting machines are used may authorize persons filing applications for advance voting ballots as provided by K.S.A. 25-1122, and amendments thereto, to cast their votes upon voting machines. If the county election officer authorizes the use of voting machines by advance voting voters such officer shall equip the office of the county election officer with enough voting machines to enable all advance voting voters to cast their votes upon such machines.
Such machines shall be of a make certified by the secretary of state and shall be sealed in a manner to allow tabulation of the total vote only at the time of the closing of the polls on the day of the election for which such machines are used.
History: L. 1974, ch. 155, § 1; L. 1980, ch. 110, § 2; L. 1984, ch. 141, § 3; L. 1995, ch. 192, § 28; L. 1996, ch. 187, § 25; April 25.
The county election officer shall appoint a special election board pursuant to the requirements of K.S.A. 25-2801 to be composed of at least three (3) members. In addition to the duties of the board required by K.S.A. 25-1326, the supervising judge of such board shall open every machine each morning and close and seal every machine each evening.
The county election officer shall also take the proper security measures to assure that such machines are not damaged or tampered with in any manner during their use and prior to and during tabulation of ballots.
History: L. 1974, ch. 155, § 2; July 1.
Upon receipt of an application filed pursuant to K.S.A. 25-1122, and amendments thereto, the county election officer of a county which authorizes the use of voting machines for tabulation of advance voting ballots shall notify the person that such person may vote in person at the office of the county election officer during the times established by the election officer.
History: L. 1974, ch. 155, § 3; L. 1995, ch. 192, § 29; July 1.
(a) The application for an advance voting ballot to be transmitted by mail shall be accompanied by an affirmation in substance as follows:
Affirmation of an Elector of the County of ______________ and State of Kansas Desiring to Vote an Advance Voting Ballot
State of ______________, County of ______________, ss:
I,______________________________________________
(Please print name)
do solemnly affirm under penalty of perjury that I am a qualified elector of the ______ precinct of the _______ ward, residing at number ________ on ____________ street, city of _________, or in the township of __________, county of __________, and state of Kansas. My date of birth is _______ (month/day/year).
I understand that a current and valid Kansas driver's license number or Kansas nondriver's identification card number must be provided in order to receive a ballot. If I do not have a current and valid Kansas driver's license number or Kansas nondriver's identification card number, I must provide one of the following forms of identification with this application in order to receive a ballot:
A copy of any one of the following types of photographic identification: A driver's license issued by Kansas or by another state or district of the United States, a state identification card issued by Kansas or by another state or district of the United States, a concealed carry of handgun license issued by Kansas or a concealed carry of handgun or weapon license issued by another state or district of the United States, a United States passport, an employee badge or identification document issued by a municipal, county, state, or federal government office or agency, a military identification document issued by the United States, a student identification card issued by an accredited post secondary institution of education in the state of Kansas, or a public assistance identification card issued by a municipal, county, state, or federal government office or agency.
I am entitled to vote an advance voting ballot and I have not voted and will not otherwise vote at the election to be held on ____________ (date). My political party is __________ (to be filled in only when requesting primary election ballots). I desire my ballots to be sent to the following address:
Signature of voter.
Note: False statement on this affirmation is a severity level 9, nonperson felony.
(b) The application for an advance voting ballot to be transmitted in person shall be accompanied by an affirmation in substance as follows:
Affirmation of an Elector of the County of ______________ and State of Kansas Desiring to Vote an Advance Voting Ballot
State of ______________, County of ______________, ss:
I, ____________________________________________
(Please print name)
do solemnly affirm under penalty of perjury that I am a qualified elector of the _______ precinct of the _______ ward, residing at number ________ on ____________ street, city of _________, or in the township of __________, county of _______, and state of Kansas. My date of birth is __________ (month/day/year).
I am entitled to vote an advance voting ballot and I have not voted and will not otherwise vote at the election to be held on ____________ (date). My political party is ___________ (to be filled in only when requesting primary election ballots).
Signature of voter.
Note: False statement on this affirmation is a severity level 9, nonperson felony.
(c) An application for permanent advance voting status shall be on a form prescribed by the secretary of state for this purpose. Such application shall contain an affirmation concerning substantially the same information required in subsection (a) and in addition thereto a statement regarding the permanent character of such illness or disability.
(d) Any application by a former precinct resident shall state both the former and present residence, address, precinct and county of such former precinct resident and the date of change of residence.
(e) The secretary of state may adopt rules and regulations in order to implement the provisions of this section.
History: L. 1978, ch. 140, § 5; L. 1980, ch. 109, § 2; L. 1984, ch. 140, § 2; L. 1995, ch. 192, § 21; L. 1996, ch. 187, § 26; L. 2000, ch. 49, § 2; L. 2004, ch. 93, § 2; L. 2011, ch. 56, § 3; L. 2011, ch. 112, § 7; January 1, 2012.
History: L. 1967, ch. 208, § 9; L. 1968, ch. 406, § 144; L. 1972, ch. 134, § 4; L. 1973, ch. 154, § 2; L. 1976, ch. 183, § 1; L. 1978, ch. 140, § 4; L. 1978, ch. 142, § 1; L. 1980, ch. 110, § 1; L. 1981, ch. 168, § 1; L. 1983, ch. 123, § 3; L. 1984, ch. 141, § 2; Repealed, L. 1993, ch. 287, § 15; July 1.
If an advance voting ballot is destroyed, spoiled, lost or not received by the voter, the voter may request a provisional 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 provisional replacement ballot to the voter if the voter is present in the office of the county election officer, or promptly transmit the provisional replacement ballot by mail to the voter at the address contained in the original application. The county election officer shall keep a record of each provisional replacement advance voting ballot provided under this subsection. All such replacement ballots issued by the county election officer shall be deemed to be provisional ballots pursuant to K.S.A. 25-1136, and amendments thereto.
History: L. 1999, ch. 105, § 15; L. 2003, ch. 112, § 1; July 1.
(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. Unless an advance voting ballot is transmitted in person pursuant to this subsection, 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 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 transmitted in an advance voting ballot envelope bearing upon the outside a printed form as described in K.S.A. 25-1120, and amendments thereto, and the same number as the number of the ballot unless the voter elects to deposit the advance voting ballot into a locked ballot box without an envelope. All ballots shall be transmitted to the advance voting voter not more than 20 days before the election but within two business days of the receipt of such voter's application by the election officer or the commencement of such 20-day period. In primary elections required to be conducted on a partisan basis, the election officer shall deliver to such voter the ballot of the political party of the applicant.
(b) The restrictions in subsection (a) relating to where a county election 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 voter who has a temporary illness or disability or who is not proficient in reading the English language.
(c) The county election officer shall compare the driver's license number, nondriver's identification card number or copy of other valid identification provided by a voter to the voter registration list verified by the division of vehicles in accordance with federal law. If no identification information was provided by the voter or if such information does not match the information on the voter registration list, the county election officer shall transmit a provisional advance voting ballot.
History: L. 1967, ch. 208, § 10; L. 1972, ch. 134, § 5; L. 1973, ch. 154, § 3; L. 1975, ch. 210, § 1; L. 1978, ch. 140, § 6; L. 1984, ch. 140, § 3; L. 1995, ch. 192, § 22; L. 1996, ch. 187, § 27; L. 1997, ch. 124, § 2; L. 1999, ch. 105, § 13; L. 2004, ch. 93, § 3; L. 2011, ch. 56, § 4; January 1, 2012.
(a) Upon receipt of the advance voting ballot, the voter shall cast 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 personally shall place the ballot in the ballot envelope bearing the same number as the ballot and seal the envelope. The voter shall 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) The county election officer shall attempt to contact each person who submits an advance voting ballot where there is no signature or where the signature does not match with the signature on file and allow such voter the opportunity to correct the deficiency before the commencement of the final county canvass.
(c) Any voter who has an illness or physical disability or who is not proficient in reading the English language and is unable to apply for or mark or transmit an advance voting ballot, or any voter who has a disability preventing the voter from signing an application or the form on the ballot envelope, may request assistance by a person who has signed a statement required by subsection (e) in applying for or marking an advance voting ballot, or in signing an application or the form on the ballot envelope if the voter has a disability preventing the voter from signing.
(d) Any voted ballot may be transmitted to the county election officer by the voter. Subject to the provisions of K.S.A. 25-2437, and amendments thereto, a voted ballot may be transmitted by another person designated in writing by the voter as provided in K.S.A. 25-2437, and amendments thereto, except if the voter has a disability preventing the voter from writing and signing a statement, the written and signed statement required by subsection (e) shall be sufficient. Any such voted ballot shall be transmitted to the county election officer before the close of the polls on election day.
(e) The county election officer shall allow a person to assist a voter who has an illness or physical disability or who is not proficient in reading the English language in applying for or marking an application or advance voting ballot, or to sign for a voter who has a disability preventing the voter from signing an application or advance voting ballot form, provided a written statement is signed by the person who renders assistance to the voter who has an illness or physical disability or who is not proficient in reading the English language and such statement is 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 voter who has an illness or physical disability or who is not proficient in reading the English language and that the person providing assistance has completed the application, marked the ballot, or signed the application or ballot form as instructed by the voter.
(f) Any person assisting a voter who has an illness or physical disability or who is not proficient in reading the English language in applying for or marking an advance voting ballot, or in signing an application or advance voting ballot form for a voter who has a disability preventing the voter from signing the application or advance voting ballot form, who knowingly 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.
(g) (1) No person who is a candidate for office shall assist any voter in marking an advance voting ballot or in signing an advance voting ballot form pursuant to this section.
(2) It shall not be a violation of this subsection for:
(A) The secretary of state, any election official or county election officer to assist a voter while engaged in the performance of the duties of such office; or
(B) any candidate for office employed by a county election office to assist a voter while engaged in the performance of the duties of such employee, unless the employee appears as a candidate for office on the advance voting ballot for which such candidate is providing assistance.
(3) For purposes of this subsection, the term "candidate for office" means an individual who has declared such individual's candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the voter applied for an advance voting ballot.
(4) A violation of this subsection is a class C misdemeanor.
(h) Subject to the provisions of subsection (b), no county election officer shall accept an advance voting ballot transmitted by mail unless the county election officer verifies that the signature of the person on the advance voting ballot envelope matches the signature on file in the county voter registration records, except that verification of the voter's signature shall not be required if a voter has a disability preventing the voter from signing the ballot or preventing the voter from having a signature consistent with such voter's registration form. Signature verification may occur by electronic device or by human inspection. In the event that the signature of a person on the advance voting ballot envelope does not match the signature on file in the county voter registration records, the ballot shall not be counted.
History: L. 1967, ch. 208, § 11; L. 1972, ch. 134, § 6; L. 1973, ch. 155, § 1; L. 1978, ch. 137, § 9; L. 1984, ch. 141, § 1; L. 1990, ch. 124, § 1; L. 1995, ch. 192, § 23; L. 1996, ch. 187, § 28; L. 1997, ch. 124, § 3; L. 1999, ch. 105, § 14; L. 2001, ch. 81, § 10; L. 2011, ch. 56, § 5; L. 2018, ch. 116, § 3; L. 2019, ch. 36, § 1; L. 2021, ch. 96, § 5; L. 2022, ch. 87, § 4; July 1.
The place of residence for registration purposes, so far as the same shall apply to the provisions of this act, shall be construed to be the place at which the voter last resided prior to his temporary absence from his county upon such election day and to which he has the intention of returning, as a place of fixed residence, as stated in K.S.A. 25-1119.
History: L. 1967, ch. 208, § 12; July 1.
A list of the names of all advance voting voters of the precinct from whom advance voting ballots have been received shall be given to the supervising judge with the voting supplies, and if additional advance voting ballots are received, the names of voters from whom they are received shall be promptly added to such list. Such list shall be available at the voting place at all times on election day.
History: L. 1967, ch. 208, § 13; L. 1972, ch. 134, § 7; L. 1973, ch. 155, § 13; L. 1995, ch. 192, § 30; July 1.
History: L. 1967, ch. 208, § 14; Repealed, L. 1974, ch. 157, § 27; July 1.
(a) No voter shall knowingly mark or transmit to the county election 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) Except as provided in K.S.A. 25-1124, and amendments thereto, no person shall knowingly interfere with or delay the transmission of any advance voting ballot application from a voter to the county election officer, nor shall any person mail, fax or otherwise cause the application to be sent to a place other than the county election office. Any person or group engaged in the distribution of advance voting ballot applications shall mail, fax or otherwise deliver any application signed by a voter to the county election office within two days after such application is signed by the applicant.
(c) Except as otherwise provided by law, no person other than the voter, shall knowingly mark, sign or transmit to the county election officer any advance voting ballot or advance voting ballot envelope.
(d) Except as otherwise provided by law, no person shall knowingly sign an application for an advance voting ballot for another person. This provision shall not apply if a voter has a disability preventing the voter from signing an application or if an immediate family member signs an application on behalf of another immediate family member with proper authorization being given.
(e) No person, unless authorized by K.S.A. 25-1122 or 25-1124, and amendments thereto, shall knowingly intercept, interfere with, or delay the transmission of advance voting ballots from the county election officer to the voter.
(f) No person shall knowingly and falsely affirm, declare or subscribe to any material fact in an affirmation form for an advance voting ballot or set of advance voting ballots.
(g) A voter may return such voter's advance voting ballot to the county election officer by personal delivery or by mail. Subject to the provisions of K.S.A. 25-2437, and amendments thereto, a person other than the voter may return the advance voting ballot by personal delivery or mail if authorized by the voter in writing as provided in K.S.A. 25-2437, and amendments thereto, except that a written designation shall not be required from a voter who has a disability preventing the voter from writing or signing a written designation. Any such person designated by the voter shall sign a statement in accordance with K.S.A. 25-2437, and amendments thereto.
(h) Except as otherwise provided by federal law, no person shall knowingly backdate or otherwise alter a postmark or other official indication of the date of mailing of an advance voting ballot returned to the county election officer by mail for the purpose of indicating a date of mailing other than the actual date of mailing by the voter or the voter's designee.
(i) Violation of any provision of this section is a severity level 9, nonperson felony.
History: L. 1967, ch. 208, § 15; L. 1978, ch. 140, § 7; L. 1980, ch. 110, § 3; L. 1995, ch. 192, § 31; L. 1997, ch. 124, § 4; L. 2000, ch. 151, § 2; L. 2001, ch. 125, § 4; L. 2011, ch. 56, § 6; L. 2015, ch. 87, § 3; L. 2018, ch. 116, § 4; L. 2021, ch. 96, § 6; July 1.
If more than one application for an advance voting ballot is filed with the county election officer under the provisions of K.S.A. 25-1122, and amendments thereto, giving different addresses of the same voter, the county election officer shall determine which is the correct address of the voter. The county election officer shall send the advance voting ballot only to the correct address of the voter.
History: L. 1967, ch. 208, § 16; L. 1973, ch. 155, § 12; L. 1978, ch. 140, § 8; L. 1995, ch. 192, § 32; July 1.
Advance voting ballots for questions submitted in statewide county elections shall be prepared by election officers according to such form as is specified by the secretary of state. The secretary of state shall specify the form of advance voting ballots for questions submitted in such detail as the secretary deems appropriate. Political party designation of the voter shall not appear on such ballots. Such ballots shall be prepared and transmitted at the same time as other advance voting ballots.
The secretary of state shall prescribe voting instructions to accompany every question submitted advance voting ballot, and when the question submitted election is also a primary or general election, such instructions may be combined with other instructions to voters. The secretary of state shall prescribe the form of advance voting ballot envelopes to be used when only a question submitted is to be voted upon. Advance voting ballots for questions submitted shall bear the same serial number as the advance voting ballot envelope used for transmission thereof.
Forms of advance voting ballot, ballot envelope and voter instructions in question submitted elections which are not statewide shall be prescribed by the county election officer in charge of such election, in conformity with any applicable provisions of law and, as nearly as practicable, in conformity with forms prescribed by the secretary of state for statewide elections.
Advance voting ballots for questions submitted shall be cast, counted, tabulated, canvassed and handled in the same manner as other advance voting ballots. Votes of advance voting voters may be challenged or objected to in question submitted elections in the same manner as in other elections.
History: L. 1967, ch. 208, § 17; L. 1972, ch. 134, § 8; L. 1973, ch. 154, § 4; L. 1995, ch. 192, § 33; July 1.
The secretary of state may adopt rules and regulations, not inconsistent with this act, relating to advance voting ballots and the voting thereof. This section shall not be deemed to require adoption of rules and regulations by the secretary of state to carry out any duty under this act.
History: L. 1967, ch. 208, § 18; L. 1995, ch. 192, § 34; July 1.
(a) All advance voting ballots that are received in the office of the county election officer or any polling place within the county not later than the hour for closing of the polls on the date of any election specified in K.S.A. 25-1122(f), and amendments thereto, shall be delivered by the county election officer to the appropriate special election board provided for in K.S.A. 25-1133, and amendments thereto.
(b) The deadline for the receipt by mail of the advance voting ballots by the office of the county election officer shall be 7:00 p.m. on the date of the election.
(c) The secretary of state shall adopt rules and regulations to implement this section.
History: L. 1973, ch. 155, § 2; L. 1992, ch. 45, § 2; L. 1995, ch. 192, § 35; L. 2017, ch. 49, § 2; L. 2021, ch. 96, § 7; L. 2025, ch. 8, § 1; January 1, 2026.
(a) The county election officer of every county, which does not use voting machines, optical scanning systems or electronic or electromechanical voting systems, shall establish a special election board. The special election board shall consist of the election board members in the precinct in which is located the office of the county election officer or the members of such additional election boards of the county as the county election officer may designate. The special election board shall meet at the voting place in the precinct in which is located the office of the county election officer on election day, or as provided by rules and regulations adopted by the secretary of state as authorized by K.S.A. 25-1132(b), and amendments thereto.
(b) In counties where voting machines, optical scanning systems or electronic or electromechanical voting systems are used, the county election officer shall appoint a special election board consisting of at least three members. Such members shall be registered voters of the county. The special election board shall meet in the office of the county election officer on election day or at such time before election day as the county election officer deems necessary, or as provided by rules and regulations adopted by the secretary of state as authorized by K.S.A. 25-1132(b), and amendments thereto.
History: L. 1973, ch. 155, § 3; L. 1996, ch. 187, § 29; L. 2017, ch. 49, § 3; July 1.
(a) The county election officer in counties which have a special election board established under K.S.A. 25-1133, and amendments thereto, shall deliver all advance voting ballots to the special election board when the special election board convenes, and thereafter as advance voting ballots are received during election day, until the time for closing of the polls, or as provided by rules and regulations adopted by the secretary of state as authorized by K.S.A. 25-1132(b), and amendments thereto.
(b) The special election board may conduct the original canvass of advance voting ballots when the board convenes, but shall not complete final tabulation prior to election day.
History: L. 1973, ch. 155, § 4; L. 1995, ch. 192, § 36; L. 1996, ch. 187, § 30; L. 2017, ch. 49, § 4; July 1.
The special election boards established under K.S.A. 25-1133, and amendments thereto, shall canvass advance voting ballots as is provided by law for the original canvass of ballots at voting places, except as is otherwise provided in this section and K.S.A. 25-1136, and amendments thereto. The supervising judge of the special election board shall announce in a clear and distinct voice the names of the advance voting voters whose ballots have been received, and thereupon, the clerk of the election board shall check the names of such voters upon the advance voting voter list prescribed by K.S.A. 25-1126, and amendments thereto. If a ballot has been received from a voter whose name is not on such list, the name shall be entered on the advance voting poll book. One of the judges shall open each ballot envelope without defacing the form printed thereon and without mutilating the enclosed ballot or ballots. Such ballots shall then be disposed of as if the advance voting voters were present. One of the judges shall clip the numbers from the ballots and deposit them in the proper ballot boxes without unfolding them. Until the closing of the polls, at least 25 ballots shall remain uncounted in each ballot box.
History: L. 1973, ch. 155, § 5; L. 1995, ch. 192, § 24; July 1.
(a) The vote of any advance voting voter may be challenged in the same manner as other votes are challenged, as nearly as may be, and the judges of the special election board shall determine the validity of each advance voting ballot. Whenever the judges determine that the form accompanying an advance voting ballot is insufficient, or that the voter is not a registered voter, or the challenge is otherwise sustained, the advance voting ballot envelope shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word "provisional" and state the reason for sustaining the challenge.
(b) Any advance voting ballot envelope which has not been signed shall not be opened, and no vote on the ballot therein shall be counted. The envelope or ballot shall be challenged in the same manner in which other votes are challenged.
(c) Whenever it shall be made to appear to the judges of a special election board by sufficient proof that an advance voting voter has died, the envelope containing the advance voting ballot of the deceased voter shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word "provisional" and the reason for sustaining the challenge.
(d) If objection is made to an advance voting ballot because of form, condition, or marking thereof, the ballot shall be marked "void" if the judges uphold the objection to the entire ballot, and otherwise shall be marked on the back thereof, "objected to" with a statement of the substance of the objection.
(e) Void, provisional and objected to advance voting ballots shall be transmitted to the county election officer in the same manner as personally cast provisional ballots are transmitted but shall be placed in separate envelopes or sacks, appropriately labeled and sealed. Votes contained in void and provisional advance voting ballots shall not be included in the total of votes certified by the special election board. Void, provisional and objected to advance voting ballots shall be reviewed by the board of county canvassers, and the board shall finally determine the acceptance or rejection of each void, provisional or objected to ballot.
(f) Procedures for canvassing and challenging advance voting ballots received by mail after the closing of the polls pursuant to K.S.A. 25-1132(b), and amendments thereto, shall be as set forth in rules and regulations adopted by the secretary of state as authorized by K.S.A. 25-1132(b), and amendments thereto.
History: L. 1973, ch. 155, § 6; L. 1993, ch. 287, § 6; L. 1995, ch. 192, § 37; L. 1996, ch. 187, § 4; L. 2017, ch. 49, § 5; July 1.
The totals of votes canvassed by a special election board shall be certified by the members of the special election board. Such certification, the poll books, registration lists, party affiliation lists and advance voting ballots shall be returned to the county election officer and shall be transmitted by such officer to the county board of canvassers for its canvass as provided by law.
History: L. 1973, ch. 155, § 7; L. 1995, ch. 192, § 38; July 1.
In counties where voting machines are used, the special election board shall proceed by using voting machines to originally canvass, count and tally the advance voting ballots in accordance with K.S.A. 25-1135 to 25-1137, and amendments thereto.
History: L. 1973, ch. 155, § 8; L. 1995, ch. 192, § 39; July 1.
No advance voting ballot shall be counted unless marked and transmitted as required by article 11 of chapter 25 of Kansas Statutes Annotated, and amendments thereto, except as is otherwise provided in article 12 of such chapter 25.
History: L. 1973, ch. 155, § 9; L. 1995, ch. 192, § 40; July 1.
The members of special election boards established under K.S.A. 25-1133 shall receive the same fees and mileage as is provided by law for regular judges and clerks of election. Members of such special election boards shall have and exercise all powers, duties, and jurisdiction necessary to carry out their statutory duties.
History: L. 1973, ch. 155, § 10; July 1.
History: L. 1973, ch. 155, § 11; Repealed, L. 1974, ch. 157, § 27; July 1.
History: G.S. 1868, ch. 36, § 45; R.S. 1923, 25-1201; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1202; Repealed, L. 1967, ch. 208, § 19; July 1.
History: G.S. 1868, ch. 36, §§ 47 through 50; R.S. 1923, 25-1203 to 25-1206; Repealed, L. 1967, ch. 208, § 19; July 1.
History: G.S. 1868, ch. 36, § 51; R.S. 1923, 25-1207; Repealed, L. 1967, ch. 208, § 19; July 1.
History: G.S. 1868, ch. 36, §§ 52 to 54; R.S. 1923, 25-1208 through 25-1210; Repealed, L. 1967, ch. 208, § 19; July 1.
History: G.S. 1868, ch. 36, § 55; R.S. 1923, 25-1211; Repealed, L. 1967, ch. 208, § 19; July 1.
History: G.S. 1868, ch. 36, § 56; R.S. 1923, 25-1212; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1213; Repealed, L. 1967, ch. 208, § 19; July 1.
As used in this act:
(a) "Federal act" means the uniformed and overseas citizens absentee voting act, 52 U.S.C. § 20301 et seq.
(b) (1) "Persons in federal services" means:
(A) Members of the armed forces of the United States, while in the active service, and their spouses and dependents;
(B) members of the merchant marine of the United States and their spouses and dependents; and
(C) citizens of the United States residing outside the territorial limits of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them.
(2) Persons in federal service does not include any person who has failed to respond to a selective service call as certified by the local draft board to the county election officer or who is a deserter from any United States military service.
History: L. 1943, ch. 160, § 1; L. 1953, ch. 197, § 1; L. 1955, ch. 209, § 1; L. 1957, ch. 232, § 1; L. 1969, ch. 189, § 1; L. 1972, ch. 135, § 1; L. 1976, ch. 182, § 2; L. 1989, ch. 108, § 1; L. 2023, ch. 79, § 29; July 1.
Every person in federal services who is eligible to register for and is qualified to vote at any general election under the laws of this state and who is absent from his place of residence in this state shall be entitled, as provided in this act, to vote by federal services absentee ballot at any election held in such person's election district or precinct, notwithstanding any provision of law relating to the registration of qualified voters.
History: L. 1943, ch. 160, § 2; L. 1953, ch. 197; § 2; L. 1955, ch. 209, § 2; L. 1957, ch. 232, § 2; L. 1972, ch. 135, § 2; L. 2011, ch. 88, § 1; L. 2011, ch. 27, § 1; July 1.
(a) Every person who is qualified and eligible to vote by federal services absentee ballot under the provisions of this act may make application for such ballot to the county election officer of the county of such voter's residence or to the secretary of state. Such application shall be made by postcard application provided for and prescribed in the federal act or on a form to be prescribed by the secretary of state. Any such application shall be valid for any election at which such voter otherwise is entitled to vote between the date of the application through the end of the calendar year.
(b) If the voter is residing outside the United States or is a member of the United States armed forces or a spouse or dependent of a member of the armed forces and a qualified elector and cannot vote timely by mail, the voter may apply for registration and an absentee ballot by facsimile, electronic mail or other electronic method authorized by the secretary of state. The voter may also request that the county election officer transmit to such voter by facsimile, electronic mail or other electronic method authorized by the secretary of state, a ballot, or a second ballot, as the case may be. The voter may transmit such voter's ballot back to the county election officer by mail, facsimile, electronic mail or other electronic method authorized by the secretary of state.
If the voter chooses to transmit the voted ballot to the county election officer by facsimile, electronic mail or other electronic method authorized by the secretary of state the transmittal shall contain the following statement: "I understand that by faxing, emailing or electronically transmitting my voted ballot I am voluntarily waiving my right to a secret ballot." This statement shall be followed by the voter's signature and the date. Upon receipt of the transmittal, the county election officer shall place the voted ballot along with the signed statement and affidavit in an appropriately marked envelope and seal it. The county election officer and such officer's staff shall take the steps necessary to keep the voted ballots received by facsimile, electronic mail or other electronic method authorized by the secretary of state as confidential as practicable.
History: L. 1943, ch. 160, § 3; L. 1953, ch. 197, § 3; L. 1955, ch. 209, § 3; L. 1957, ch. 232, § 3; L. 1972, ch. 135, § 3; L. 1989, ch. 108, § 2; L. 1994, ch. 148, § 1; L. 2004, ch. 25, § 7; L. 2011, ch. 88, § 2; L. 2011, ch. 27, § 2; July 1.
(a) The secretary of state, upon receipt of postcard applications specified in K.S.A. 25-1216, and amendments thereto, shall, from time to time, cause such applications to be transmitted to the county election officers of the respective counties in which such applicants reside.
(b) The county election officer of each county shall prepare a statement showing the names and residence addresses of all applicants for federal services ballots. Such statement shall separately list such names and addresses according to each election precinct and shall be open to public inspection at the office of said county election officer not later than two weeks prior to the holding of the election. Such statement shall be added to from time to time as additional applications are received by the county election officer.
History: L. 1943, ch. 160, § 4; L. 1972, ch. 135, § 4; July 1.
(a) The secretary of state shall prescribe the form of official federal services absentee ballots. Such ballots shall provide for voting for all officers and on any proposition or question for which the voter would otherwise be entitled to vote. Such ballots shall be uniform in size and in style of type, and the type and paper shall conform generally to that used for the regular official ballots. The respective county election officers shall cause to be prepared and printed such numbers of ballots as may be appropriate for carrying out the provisions of this act.
(b) Such ballots shall contain the title of each office to be voted for, followed by the name and address of each nominated candidate for each office, the party or independent body nominating such candidate, a designation of the political subdivision to be represented, and a blank space for writing in the name of any other person for whom the voter desires to vote. Except for precinct committee man and committee woman, no such blank space shall be printed on the primary ballot following the title of any office for which there is a candidate.
(c) Any person who is qualified to vote under this act shall be allowed to submit a federal write-in absentee ballot as prescribed pursuant to the federal act if the:
(1) Person has previously submitted a proper application for a ballot;
(2) ballot was not received; and
(3) person does not submit the federal write-in absentee ballot from a location within the United States.
History: L. 1943, ch. 160, § 5; L. 1953, ch. 197, § 4; L. 1955, ch. 209, § 4; L. 1957, ch. 232, § 4; L. 1972, ch. 135, § 5; L. 1976, ch. 182, § 3; L. 2011, ch. 88, § 3; L. 2011, ch. 27, § 3; July 1.
(a) The secretary of state shall cause to be prepared, printed, and transmitted to the county election officers an appropriate number of official envelopes for use in connection with such official federal services absentee ballots, including envelopes for mailing ballots to applicants therefor, and envelopes for the return of such ballots by the voters, which shall conform and be subject to the provisions of the federal act referred to in K.S.A. 25-1214, as amended.
(b) The secretary of state shall prescribe and furnish to the county election officers the form for printed instructions to voters of federal services absentee ballots, and the form for ballot envelopes and the affidavit which shall be printed upon the ballot envelopes. Such affidavit shall state the place of residence of the voter, his post office or mailing address at the time of election, that he has not voted by any other form of absentee ballot at such election, that he personally has marked the ballot, placed it in the ballot envelope and sealed the envelope, and that no other person placed any mark upon said ballot.
History: L. 1943, ch. 160, § 6; L. 1953, ch. 197, § 5; L. 1955, ch. 209, § 5; L. 1957, ch. 232, § 5; L. 1972, ch. 135, § 6; July 1.
The county election officers of the various counties shall transmit to every person who is eligible to vote by federal services absentee ballot who makes application to vote in accordance with K.S.A. 25-1216, and amendments thereto, an official federal services absentee ballot and ballot envelope, voting instructions and an envelope for use in returning the official federal services absentee ballot and ballot envelope. If the application is made 45 or more days before the day of the election, such ballot, instructions and envelopes shall be sent as soon as practicable, but not later than 45 days before the election.
History: L. 1943, ch. 160, § 7; L. 1953, ch. 197, § 6; L. 1955, ch. 209, § 6; L. 1957, ch. 232, § 6; L. 1965, ch. 246, § 1; L. 1972, ch. 135, § 7; L. 1989, ch. 108, § 3; L. 1992, ch. 237, § 5; L. 1993, ch. 3, § 1; July 1.
After such voter has marked the official federal services absentee ballot, he or she shall place it in the official ballot envelope and secretly seal the same. Such voter shall then fill out in full the form printed upon the official ballot envelope and sign the same. Such ballot envelope shall then be placed in the envelope provided for such purpose and mailed by the voter to the county election officer of the county of the voter's residence.
All such ballots which reach the county election officer not later than the hour for closing of the polls on the date of any such election shall be delivered by the county election officer to the special election boards provided for in K.S.A. 25-1133 at the time prescribed by K.S.A. 25-1134 for delivery of absentee ballots. Such special election board shall canvass the ballots delivered to it under the provisions of this act in the same manner and subject to the same provisions of law as are applicable to an original canvass of ballots by an election board as is provided by law for absentee ballots, except that the names of such voters shall be entered upon one or more federal services absentee poll books.
History: L. 1943, ch. 160, § 8; L. 1955, ch. 209, § 7; L. 1957, ch. 232, § 7; L. 1961, ch. 204, § 2; L. 1972, ch. 135, § 8; L. 1974, ch. 159, § 1; L. 1976, ch. 182, § 4; April 16.
The votes cast as provided in this act shall be canvassed, counted and certified in the same manner, as nearly as may be practicable as the votes that were cast within such precinct were canvassed, counted and certified, but no official federal services absentee ballot shall be valid: (1) If the voter has voted in person or by absentee ballot in accordance with the procedure provided by any other law of this state; or (2) if it is received by the precinct election board of the voter's residence after the hour of the closing of the polls on the date of the holding of the election.
History: L. 1943, ch. 160, § 9; L. 1955, ch. 209, § 8; L. 1957, ch. 232, § 8; June 29.
(a) The chief state election official, as defined in K.S.A. 25-2504, and amendments thereto, shall: (1) Be responsible for providing information regarding voter registration and absentee ballot procedures; and
(2) accept valid voter registrations and absentee ballot applications as required under the federal act.
(b) The secretary of state may utilize the services of such election officials and county officers for such purposes and to such extent as the secretary of state may deem appropriate in the exercise of the secretary of state's powers and duties under this act and it shall be the duty of such election officials and county officers to furnish the secretary of state such services as the secretary of state may require, and within the time which the secretary of state shall prescribe.
History: L. 1943, ch. 160, § 10; L. 2004, ch. 25, § 8; July 1.
Nothing in this act shall be deemed to restrict the right of any person in federal services to vote whenever practicable, in accordance with other laws of this state, if such person does not elect to vote in accordance with the provisions of this act.
History: L. 1943, ch. 160, § 11; L. 1953, ch. 197, § 7; L. 1957, ch. 232, § 9; L. 1976, ch. 182, § 5; April 16.
The secretary of state is hereby authorized and empowered to make such rules and regulations as he may deem necessary to carry out the provisions of this act.
History: L. 1943, ch. 160, § 12; June 28.
It is the intent and purpose of this act to provide election procedure which will conform with that prescribed by the federal act.
History: L. 1943, ch. 160, § 13; June 28.
The provisions of other laws of this state prohibiting offenses against the elective franchise shall apply in the case of elections and voting conducted pursuant to the provisions of this act.
History: L. 1943, ch. 160, § 14; June 28.
No mere informality in the manner of carrying out or executing the provisions of this act shall invalidate any election held under it or authorize the rejection of the returns thereof; and the provisions of this act shall be construed liberally for the purpose of effectuating its purposes.
History: L. 1943, ch. 160, § 15; June 28.
History: L. 1953, ch. 198, § 1; L. 1959, ch. 179, § 1; L. 1963, ch. 230, § 1; L. 1968, ch. 406, § 143; L. 1976, ch. 182, § 6; Repealed, L. 1978, ch. 140, § 11; July 1.
History: L. 1953, ch. 198, § 2; L. 1959, ch. 179, § 2; L. 1971, ch. 127, § 1; Repealed, L. 1973, ch. 156, § 3; July 1.
History: L. 1973, ch. 156, § 1; L. 1976, ch. 184, § 1; Repealed, L. 1978, ch. 140, § 11; July 1.
History: L. 1973, ch. 156, § 2; Repealed, L. 1978, ch. 140, § 11; July 1.
History: L. 1953, ch. 198, § 3; L. 1959, ch. 179, § 3; L. 1961, ch. 205, § 1; L. 1963, ch. 230, § 2; L. 1971, ch. 128, § 1; L. 1974, ch. 160, § 1; L. 1976, ch. 182, § 7; Repealed, L. 1978, ch. 140, § 11; July 1.
History: L. 1953, ch. 198, § 4; L. 1959, ch. 179, § 4; L. 1961, ch. 205, § 2; L. 1963, ch. 230, § 3; L. 1972, ch. 132, § 5; L. 1976, ch. 182, § 8; L. 1978, ch. 137, § 10; Repealed, L. 1978, ch. 140, § 11; July 1.
History: L. 1953, ch. 198, § 5; L. 1959, ch. 179, § 5; L. 1968, ch. 406, § 116; L. 1972, ch. 132, § 6; Repealed, L. 1978, ch. 140, § 11; July 1.
History: L. 1955, ch. 210, §§ 1, 2; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1901, ch. 184, § 1; L. 1915, ch. 206, § 1; L. 1917, ch. 181, § 1; R.S. 1923, 25-1301; L. 1947, ch. 247, § 1; Repealed, L. 1949, ch. 257, § 1; June 30.
History: L. 1901, ch. 184, § 2; L. 1915, ch. 206, § 2; L. 1917, ch. 181, § 2; R.S. 1923, 25-1302; Repealed, L. 1949, ch. 257, § 1; June 30.
History: L. 1901, ch. 184, § 3; R.S. 1923, 25-1303; Repealed, L. 1949, ch. 257, § 1; June 30.
History: L. 1901, ch. 184, § 4; L. 1915, ch. 206, § 3; R.S. 1923, 25-1304; Repealed, L. 1949, ch. 257, § 1; June 30.
History: L. 1901, ch. 184, §§ 5, 6; R.S. 1923, 25-1305, 25-1306; Repealed, L. 1949, ch. 257, § 1; June 30.
History: L. 1957, ch. 233, § 1; L. 1961, ch. 206, § 1; L. 1968, ch. 406, § 117; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, §§ 2, 3; L. 1972, ch. 332, §§ 37, 38; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 4; L. 1974, ch. 161, § 1; L. 1984, ch. 139, § 5; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, §§ 5, 6; L. 1972, ch. 332, §§ 39, 40; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 7; L. 1968, ch. 406, § 118; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 8; L. 1967, ch. 209, § 1; L. 1967, ch. 210, § 1; L. 1968, ch. 406, § 119; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 9; L. 1968, ch. 406, § 120; L. 1979, ch. 52, § 138; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 10; L. 1959, ch. 180, § 1; L. 1967, ch. 209, § 2; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1957, ch. 233, § 11; L. 1965, ch. 247, § 1; L. 1968, ch. 406, § 121; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 12; L. 1961, ch. 207, § 1; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, §§ 13 through 15; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 16; L. 1968, ch. 406, § 122; L. 1975, ch. 211, § 1; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 17; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1957, ch. 233, § 18; L. 1965, ch. 247, § 2; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, §§ 19, 20; L. 1968, ch. 406, §§ 124, 125; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, §§ 21, 22; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 23; L. 2000, ch. 49, § 1; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 24; L. 1985, ch. 118, § 14; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 25; L. 1968, ch. 406, § 126; L. 1977, ch. 136, § 1; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 26; L. 1968, ch. 406, § 127; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 27; L. 1965, ch. 247, § 3; L. 1968, ch. 406, § 128; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, §§ 28 through 30; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 31; L. 1961, ch. 204, § 3; L. 1963, ch. 231, § 1; L. 1965, ch. 247, § 4; L. 1968, ch. 406, § 129; L. 1970, ch. 139, § 2; L. 1972, ch. 132, § 7; L. 1973, ch. 155, § 14; L. 1975, ch. 206, § 2; L. 1996, ch. 187, § 5; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, §§ 32, 33; L. 1968, ch. 406, §§ 130, 131; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 34; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1957, ch. 233, § 35; Repealed, L. 2007, ch. 125, § 36; July 1.
History: L. 1957, ch. 233, § 36; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1957, ch. 233, § 37; Repealed, L. 2007, ch. 125, § 36; July 1.
History: G.S. 1868, ch. 36, § 75; R.S. 1923, 25-1401; L. 1968, ch. 406, § 132; L. 1976, ch. 145, § 139; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 76, 77; R.S. 1923, 25-1402, 25-1403; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1968, ch. 36, § 78; R.S. 1923, 25-1404; L. 1973, ch. 157, § 2; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 79, 80; R.S. 1923, 25-1405, 25-1406; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 81; R.S. 1923, 25-1407; L. 1976, ch. 145, § 140; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 82 to 84; R.S. 1923, 25-1408 through 25-1410; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 85; R.S. 1923, 25-1411; L. 1968, ch. 406, § 133; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 86; R.S. 1923, 25-1412; L. 1968, ch. 406, § 134; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 87; R.S. 1923, 25-1413; L. 1976, ch. 145, § 141; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 88; R.S. 1923, 25-1414; L. 1968, ch. 406, § 135; L. 1976, ch. 145, § 142; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 89; R.S. 1923, 25-1415; L. 1976, ch. 145, § 143; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 90; R.S. 1923, 25-1416; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 91; R.S. 1923, 25-1417; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 92; R.S. 1923, 25-1418; L. 1976, ch. 145, § 144; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 93, 94; R.S. 1923, 25-1419, 25-1420; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 95; R.S. 1923, 25-1421; L. 1976, ch. 145, § 145; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 96, 97; R.S. 1923, 25-1422, 25-1423; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 98; R.S. 1923, 25-1424; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 99; R.S. 1923, 25-1425; L. 1974, ch. 446, § 11; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 100; R.S. 1923, 25-1426; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 101; R.S. 1923, 25-1427; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 102, 103; R.S. 1923, 25-1428, 25-1429; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 104; R.S. 1923, 25-1430; L. 1976, ch. 145, § 146; L. 1977, ch. 109, § 27; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 105; R.S. 1923, 25-1431; L. 1976, ch. 145, § 147; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 106; R.S. 1923, 25-1432; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1887, ch. 155, § 2; R.S. 1923, 25-1433; Repealed, L. 1978, ch. 138, § 22; July 1.
As used in this act, words and phrases defined in article 25 of chapter 25 of the Kansas Statutes Annotated shall have the meaning ascribed to them in said article 25, except as otherwise specifically provided in this act. Contest of primary elections shall be determined as otherwise provided by law and the provisions of this act, other than K.S.A. 25-308 shall not apply thereto. The provisions of this act shall not apply to recounts under K.S.A. 25-3107, and amendments thereto. Nothing in this act shall prevent a suit under articles 8, 9 or 12 of the code of civil procedure in appropriate cases.
History: L. 1978, ch. 138, § 1; L. 1978, ch. 142, § 2; July 1.
Any registered voter may contest the election of any person for whom such voter had the right to vote, when such person is issued a certificate of election to any state, county, township, city or school office, except that the foregoing shall not apply to the election of persons to the United States congress. Any registered voter may contest the determination of the result of any question submitted election at which such voter had the right to vote. Any contest to the election of presidential electors shall be made in accordance with the provisions of 3 U.S.C. § 5.
History: L. 1978, ch. 138, § 2; L. 2023, ch. 24, § 5; July 1.
Any contest of election to which K.S.A. 25-1435, and amendments thereto, applies shall be brought on any one or more of the following grounds:
(a) The person to whom a certificate of election was issued was ineligible to hold such office at the time of the election;
(b) some voters were deprived of the right of voting for a candidate or on a question submitted, when such voters had the right under the election laws of this state to vote thereon, and such deprival could change the result of the election;
(c) illegal votes were received or legal votes were rejected which could change the result of the election;
(d) error or fraud occurred in computing the results of the election which could change the result of the election;
(e) the person to whom the certificate of election was issued offered or gave, or caused to be offered or given, a bribe to any person charged by law with any election duty, for the purpose of procuring such person's election; or
(f) any other cause which shows that another was the person to whom the certificate of election for such office should have been issued.
History: L. 1978, ch. 138, § 3; L. 1985, ch. 121, § 1; March 28.
Any registered voter desiring to contest an election of a person to an office shall be referred to as the contestant, and the person whose election is contested shall be referred to as the contestee. The contestant, if authorized under K.S.A. 25-1435 shall file a written notice of contest specifying the grounds upon which the contest is based. The notice shall specify with particularity the facts and circumstances in support of the grounds alleged for the contest. In the case of an office elected on less than a statewide basis, the notice of contest shall be filed with the clerk of the district court of the county in which the person whose election is contested resides. In the case of an officer elected on a statewide basis, including presidential electors, the notice of contest shall be filed with the clerk of the district court of Shawnee county, and the place of trial shall not be changed.
History: L. 1978, ch. 138, § 4; July 1.
Any person wishing to contest the determination of the result of a question submitted election, if authorized under K.S.A. 25-1435, shall file a written notice of contest specifying the grounds upon which the contest is based. Such filing shall be made with the clerk of the district court of the county specified by this section:
(a) In the case of a constitutional amendment or other question submitted on a statewide basis, in the district court of Shawnee county, and the place of trial shall not be changed.
(b) In the case of a question submitted in a school district, the district court of the home county of the school district.
(c) In the case of a question submitted in a city election, the district court of the county in which the greater part of the population of the city is located.
(d) In the case of a question submitted at a county election, the district court of such county.
(e) In the case of a question submitted at a township election, the district court of the county in which the township is located.
(f) In the case of a question submitted in a district smaller than the entire state and extending into more than one county and not otherwise provided for in this section, the district court of the county any part of which is located in the district and which has the greatest population of all such counties.
(g) In the case of a question submitted in a district entirely within a single county and not otherwise provided for in this section, the district court of such county.
History: L. 1978, ch. 138, § 5; July 1.
The notice of contest shall be filed within five days after the certificate of election is issued except in the case of question submitted elections. In the case of a question submitted on a statewide basis such notice shall be filed within five days after the publication of the determination of the results of such election and in the case of other question submitted elections such notice shall be filed within five days after the certification by the county board of canvassers of the final abstract of the election returns. Within five (5) days after such filing in the case of election to an office, the clerk of the district court shall cause a copy thereof to be served upon the contestee and upon the secretary of state or the county election officer authorized to issue the certificate of election as the case may be.
History: L. 1978, ch. 138, § 6; July 1.
When the contest relates to a contest of a question submitted on a statewide basis, the secretary of state shall be designated the contestee, and the clerk of the district court shall cause to be served a copy of the notice of contest upon said secretary within five days after the notice of contest is filed with said clerk. When the contest relates to a question submitted in a county, school district, city, township or other subdivision of government, the governing body thereof shall be designated the contestee, and the clerk of the district court shall cause to be served a copy of the notice of contest upon the chairperson or clerk of such governing body within five (5) days of the filing of the notice with the clerk of the district court.
History: L. 1978, ch. 138, § 7; July 1.
Service of the notice of contest upon the contestee shall be made by the sheriff or some other person appointed by the court for such purpose in the same manner as provided for the service of summons in civil actions. In cases of election to an office two copies of the notice shall be furnished to the secretary of state or county election officer authorized to issue the certificate of election at the time of service upon such official, and the official shall send one copy thereof by restricted mail to the contestee at the contestee's last known address. If personal service upon the contestee cannot be made, then the affidavit of the secretary of state or county election officer authorized to issue the certificate of election that such official sent a copy to the contestee by restricted mail to the contestee's last known address shall be sufficient to confer jurisdiction upon the proper court to hear and determine the contest.
History: L. 1978, ch. 138, § 8; July 1.
In contests of election of state senators and members of the house of representatives of the state, notice of contest shall be filed and served as provided in K.S.A. 25-1437, 25-1438, 25-1439 and 25-1441, except that the clerk of the district court with whom the notice has been filed shall, within three days of receipt thereof, submit by restricted mail one copy thereof to the chief justice of the supreme court. Upon receipt of the notice of contest, the chief justice shall, within five days, submit to the parties a list of all the district judges in the judicial district or districts all or any part of which is located in the district of the legislative office being contested. If there be more than one name on the list the contestant and contestee shall within two days after receiving the list of judges meet together at a time and place designated by the chief justice and, under the supervision of the clerk of the supreme court, by alternating strikes commencing with the contestee remove the names of all judges until but one remains who shall then proceed to hear the contest pursuant to this act. The judge shall, within twenty (20) days after notice has been filed, convene a hearing at an appropriate place within the county, or, if the legislative district includes all or portions of more than one county then within one such county, and hear testimony of the parties, under the rules of evidence for civil actions. If the contestant does not proceed within the time provided for herein the action shall be dismissed and the judge shall transmit a copy of the order of dismissal to the chief clerk of the house of representatives or the secretary of the senate, as appropriate.
History: L. 1978, ch. 138, § 9; July 1.
When a notice of contest is filed in the district court of Shawnee county in the case of an office voted for statewide or in the case of a question submitted upon a statewide basis, the case shall be heard and determined by three district judges of the state assigned by the supreme court. If there be a division of opinion of such district judges that of the majority shall prevail. The clerk of the district court shall notify the supreme court when any such notice is filed. When the supreme court receives such notice, it shall assign as soon as practicable such judges and specify one such judge as the chief judge. The supreme court shall also specify the day and hour of convening of such three district judge panel.
History: L. 1978, ch. 138, § 10; July 1.
When the notice of contest questions only which of the parties to the contest received the highest number of votes legally cast at the election for the office, the contestee need not file an answer. For all other election contests or in any contest in which the contestee desires to offer testimony on points not specified in the contestant's notice, the contestee shall file and serve on the contestant an answer to the notice of contest. The answer shall so far as practicable, conform to the rules for pleading in civil actions. Service of the answer shall be made within five days after service of contestant's notice upon the contestee. Service of the answer shall be made in the same manner as provided for service of an answer in civil actions or in such manner as the court may by order direct.
History: L. 1978, ch. 138, § 11; July 1.
Upon application by any person to intervene, within five (5) days after the filing of notice of custody* stating facts sufficient to show an interest in the contest not in common with the contestant or contestee, and specifying with particularity the basis of such interest and result requested, the court may permit such intervention and make such orders as may be appropriate under the circumstances. Any person permitted to intervene shall be referred to as the intervenor.
History: L. 1978, ch. 138, § 12; July 1.
The notice of contest, answer and application to intervene (if permitted) shall be treated as the pleadings in the case, and may be amended in the discretion of the court. The contest proceedings shall be heard as soon as practicable and within twenty (20) days after the filing of the notice of contest. Notice of the time and place of the hearing shall be given as directed by the court. The matter shall be tried by the court in the manner provided for the trial of civil actions so far as practicable and the provisions of K.S.A. 20-311d, 20-311e, 20-311f and 20-311g, shall be applicable to election contests. Except as otherwise provided by this act, the code of civil procedure shall be applicable to contests of elections authorized by this act.
History: L. 1978, ch. 138, § 13; July 1.
(a) After a contest has been instituted, either party including any intervenor may request the ballots and voting machines be inspected before preparing for trial. The party applying for such inspection shall file with the clerk of the district court in which the contest is brought a motion, stating that such party cannot properly prepare such party's case for trial without an inspection of such ballots or voting machines and designating the precincts in which the party desires to have ballots inspected, and stating the reasons that such inspection is needed. Thereupon the judge of the court wherein the trial of such case is pending may authorize such inspection or a part thereof, and if so authorized shall name three inspectors, and if there is no intervenor one inspector shall be selected by each of the parties and a third selected by the two inspectors named by the parties. In case either party neglects or refuses to name an inspector, or the two selected inspectors cannot agree on the name of a third inspector, or there is an intervenor, the inspectors shall be named by the judge. The compensation of inspectors shall be the same as for witnesses in civil cases, unless otherwise stipulated.
(b) The party applying for the inspection shall file with the clerk of the district court a bond in the sum of two hundred fifty dollars ($250) if the contest be within a single county; otherwise the bond shall be in a sum to be fixed by the court in its discretion, with such sureties as shall be approved by the court, and conditioned that such party will pay the costs and expenses thereof in case the party fails.
(c) If the contest relates to a state office or to the result determined of a constitutional amendment or other question submitted on a statewide basis, the party applying for the inspection shall designate the precincts in the counties in which such party desires the inspection to be made. If the court authorizes the inspection, it shall order the appointment of as many sets of three inspectors as may be necessary to expeditiously count and inspect the ballots and voting machines, and the same shall be inspected in the office of the legal custodian of the ballots in question. The inspectors in a state contest shall be selected in the manner provided in subsection (a).
(d) The inspection shall be made in the presence of the legal custodian of the ballots or voting machines, and the inspectors shall recanvass the votes cast for the parties to the contest or the question submitted in accordance with the rules for counting votes provided in the applicable Kansas election laws. The inspectors shall make a written report of such recanvass and report the number of votes cast for each of the parties to the contest, or for and against a question submitted, for each precinct that is recounted and report any disputed votes upon which the inspectors cannot agree.
History: L. 1978, ch. 138, § 14; July 1.
Upon final determination of a contest of an election to an office by the court, after the time for appeal thereof specified in K.S.A. 25-1450, and amendments thereto, has expired, or in case of an appeal, upon the final judicial determination of the contest, if the contestant succeeds in the contest, the court may invalidate and revoke any election certificate which has been issued to the contestee, and the secretary of state or county election officer authorized to issue the certificate of election shall issue the certificate to the person the court finds is entitled thereto; except that in cases where the court has found that the contestant prevails in the contest on the grounds provided for in subsection (a), (b), (c) or (e) of K.S.A. 25-1436, and amendments thereto, then the court may order another election for such office to be held within 45 days after the date of such order or may make such other orders as the court deems appropriate. This section shall not apply to any contest of the office of state senator or member of the house of representatives.
History: L. 1978, ch. 138, § 15; L. 1985, ch. 121, § 2; March 28.
Upon final determination of a contest of question submitted election by the court, after time for appeal thereof specified in K.S.A. 25-1450 has expired, or in case of appeal, the final judicial determination of the contest, if the court finds that the greatest number of valid votes were in favor of the question submitted the court shall order that the question submitted has carried and likewise if the court finds that the greatest number of valid votes were against the question submitted the court shall order that the question submitted did not carry, and the court shall make such additional orders as are appropriate.
History: L. 1978, ch. 138, § 16; July 1.
An appeal may be taken to the supreme court from the determination of the district court in any contest instituted under this act, other than contests involving the office of state senator or representative. The party appealing shall file in the district court a bond in such sum, not less than five hundred dollars ($500) or such reasonable greater amount as the court may order, and with such sureties approved by the court, conditioned for the payment of all costs incurred by the respondent or respondents in case appellant fails on appeal. The notice of appeal shall be served upon the other party or parties and filed with the clerk of the district court no later than five days after the entry of the determination of the contest by the district court. The transcript of the case shall be certified and filed in the supreme court as soon as practicable and in any event within fifteen (15) days after filing of notice of appeal. The appeal shall be advanced for hearing as the supreme court may determine and it may be heard and determined summarily by the supreme court.
History: L. 1978, ch. 138, § 17; July 1.
(a) When a contest of election is for the office of state senator or member of the house of representatives, the only question to be tried by the court, notwithstanding any other provision of law, shall be the question of what number of legally cast votes each of the candidates to the contested office received. The judge trying the proceedings shall make findings of fact upon the question so tried. Further evidence upon the points specified in the notice, including but not limited to the question as to the eligibility of any person to office, shall be taken and preserved by the judge trying the contest, but the judge shall make no finding or conclusion thereon. The clerk of the district court shall transmit all the files and records of the proceedings with all the evidence taken to the president of the senate or the speaker of the house of representatives, as the case may be.
(b) In judging the election, returns and qualifications of any member of the house of representatives or senate, in the absence of rules providing otherwise, the speaker or president shall appoint a select committee of equal numbers of members of the two parties having the greatest number of members of the entire senate or house of representatives as the case may be, and shall also appoint the chairperson and vice chairperson of the select committee. The select committee shall consider the files, records and evidence transmitted from the court and shall hear the contestant and contestee and their respective counsel. Such select committee shall have powers of compulsory process and laws applicable thereto shall apply, except that all hearings shall be open. The select committee shall report to the full house of representatives or senate not later than ten days after its appointment. Such report shall be set for the special order of business within five legislative days from the date the report is made. All members shall have access to files, records and evidence transmitted from the court at such reasonable times as determined by the full house of representatives or senate. When the time of the special order of business arrives the full house of representatives or senate except the contestee shall determine, after debate thereon, the person who is the elected member.
History: L. 1978, ch. 138, § 18; July 1.
If the election be confirmed or the contest be dismissed, judgment shall be rendered against the contestant for all costs. No costs shall be rendered against the contestee unless found responsible for any of the provisions in (a) through (f) of K.S.A. 25-1436. The court, in the interests of justice may waive any costs assessed pursuant to this section in which case the costs shall be paid by the state from any appropriations therefor. Payment by the state shall be made by the director of accounts and reports upon voucher therefor approved by the clerk of the district court.
History: L. 1978, ch. 138, § 19; July 1.
History: L. 1871, ch. 79, § 1; R.S. 1923, 25-1501; L. 1972, ch. 136, § 1; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1871, ch. 79, § 2; R.S. 1923, 25-1502; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1871, ch. 79, § 3; R.S. 1923, 25-1503; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1871, ch. 79, § 4; R.S. 1923, 25-1504; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1871, ch. 79, § 5; R.S. 1923, 25-1505; L. 1968, ch. 406, § 136; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1871, ch. 79, § 6; R.S. 1923, 25-1506; L. 1965, ch. 248, § 1; L. 1976, ch. 145, § 148; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1871, ch. 79, § 7; L. 1872, ch. 126, § 1; R.S. 1923, 25-1507; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1871, ch. 79, §§ 8, 9; R.S. 1923, 25-1508, 25-1509; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1871, ch. 79, § 11; R.S. 1923, 25-1510; Repealed, L. 1978, ch. 138, § 22; July 1.
On the Tuesday succeeding the first Monday in November of each even-numbered year, a township election shall be held in each township in the state, except in city townships. At the general election held in November of 1992 and at the general election held in November of each fourth year thereafter, there shall be elected for a term of four years, a township trustee and a treasurer. At the general election held in November of 1992, there shall be elected for a term of two years, a township clerk and at the general election held in November of 1994, and at the general election held in November of each fourth year thereafter, there shall be elected for a term of four years, a township clerk.
History: R.S. 1923, 25-1601; L. 1968, ch. 406, § 137; L. 1976, ch. 123, § 8; L. 1992, ch. 161, § 2; April 30.
Township officers shall serve until their successors are elected, or appointed, and qualified.
History: R.S. 1923, 25-1602; L. 1968, ch. 406, § 138; April 30.
History: G.S. 1868, ch. 110, § 9; L. 1875, ch. 92, § 2; L. 1879, ch. 179, § 2; L. 1885, ch. 195, § 2; R.S. 1923, 25-1603; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 110, § 10; R.S. 1923, 25-1604; Repealed, L. 1968, ch. 406, § 145; April 30.
History: R.S. 1923, 25-1605; L. 1965, ch. 249, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
All vacancies in the offices of trustee, clerk or treasurer of any township shall be filled by appointment by the board of county commissioners.
History: G.S. 1868, ch. 110, § 12; R.S. 1923, 25-1606; L. 1968, ch. 406, § 139; April 30.
History: L. 1893, ch. 77, § 1; R.S. 1923, 25-1701; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1893, ch. 77, § 2; R.S. 1923, 25-1702; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1893, ch. 77, §§ 3, 4; R.S. 1923, 25-1703, 25-1704; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1893, ch. 77, §§ 5, 6; R.S. 1923, 25-1705, 25-1706; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1911, ch. 137, § 1; R.S. 1923, 25-1707; Repealed, L. 1973, ch. 173, § 2; February 23.
History: L. 1911, ch. 137, § 2; R.S. 1923, 25-1708; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1911, ch. 137, § 3; R.S. 1923, 25-1709; L. 1982, ch. 156, § 1; L. 1985, ch. 122, § 1; L. 1986, ch. 140, § 1; Repealed, L. 2023, ch. 79, § 65; July 1.
Revisor's Note: 25-1707, 25-1708 have been repealed from the original act.
History: L. 1911, ch. 137, § 4; R.S. 1923, 25-1710; Repealed, L. 2023, ch. 79, § 65; July 1.
History: L. 1915, ch. 213, § 1; R.S. 1923, 25-1711; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1915, ch. 213, §§ 2, 3; R.S. 1923, 25-1712, 25-1713; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1913, ch. 189, § 5; R.S. 1923, 25-1714; Repealed, L. 1974, ch. 157, § 27; July 1.
History: R.S. 1923, 25-1715; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1893, ch. 78, § 27; L. 1897, ch. 129, § 27; R.S. 1923, 25-1716; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1893, ch. 78, §§ 28, 29; L. 1897, ch. 129, §§ 28, 29; R.S. 1923, 25-1717, 25-1718; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1893, ch. 78, § 26; L. 1897, ch. 129, § 26; R.S. 1923, 25-1719; L. 1965, ch. 250, § 1; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1893, ch. 78, § 30; L. 1897, ch. 129, § 30; R.S. 1923, 25-1720; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1897, ch. 129, § 31; L. 1901, ch. 177, § 12; R.S. 1923, 25-1721; Repealed, L. 1973, ch. 159, § 1; July 1.
History: G.S. 1868, ch. 36, §§ 65 to 70; R.S. 1923, 25-1722 to 25-1727; Repealed, L. 1974, ch. 157, § 27; July 1.
(a) Each citizen of the United States, who, at the time of any general election at which presidential electors or candidates for the offices of president or vice-president of the United States are to be voted for, is a "new resident," "former resident" or a "relocated resident" of this state, as hereinafter defined, shall be entitled to vote for presidential and vice-presidential electors at that election, but for no other officers, if (1) such person otherwise possesses the substantive qualifications to vote in this state, except the requirement of residence, and (2) such person complies with the provisions of this act.
(b) (1) "New resident" means one who, immediately prior to such person's removal to this state, was a resident of another state and who shall have resided in this state for less than 45 days next preceding such general election.
(2) "Former resident" means one who has removed such person's place of residence from this state less than 45 days next preceding such general election but who was a registered voter at the time of removal.
(3) "Relocated resident" means one who has relocated such person's place of residence from one precinct in this state to another precinct in this state 20 days or less next preceding such general election but who was a registered voter in such person's former precinct of residence.
History: L. 1963, ch. 232, § 1; L. 1972, ch. 137, § 1; L. 1974, ch. 156, § 3; L. 1985, ch. 118, § 1; July 1.
(a) A person desiring to qualify under this act as a new resident voter to vote for presidential and vice-presidential electors shall submit not more than 45 days prior to such general presidential election nor later than 12 o'clock noon on the Monday preceding the day of such election an application to the county election officer of such person's new residence in the form of an affidavit executed in duplicate substantially as follows:
| STATE OF ______________ COUNTY OF ______________, ss. I, ______________, do solemnly swear that: | | | --- | --- | | 1. | I am a citizen of the United States; | | 2. | Before becoming a resident of this state, I resided at ______________ street, in ______________ (Here insert name of town, township, village or city) of ______________ county of the state of ______________; | | 3. | On the day of the next presidential election, I shall be at least eighteen years of age and I have or will have by the time of such next presidential election resided in this state not more than 45 days next preceding such general presidential election and I am now residing in the __________ precinct, township of ______________ (or in the __________ precinct of the __________ ward, ______________ street in the city of ___________), in the county of , state of Kansas; | | 4. | I believe I am entitled under the law of this state to vote at the presidential election to be held November , ; | | 5. | I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot at that election. | | Signed __________________________________________ (Applicant) Subscribed and sworn to before me this ______________ day of , . Signed Title and name of officer authorized to administer oath | |
(b) A person desiring to qualify under this act as a former resident voter to vote for presidential and vice-presidential electors is required to have been registered in this state immediately preceding such person's removal from this state. Not more than 45 days prior to such general presidential election nor later than 12 o'clock noon on the Monday preceding the day of such election, such person shall make an application to the office of the county election officer of the county of such person's former residence, in the form of an affidavit executed in duplicate substantially as follows:
| STATE OF ______________ COUNTY OF ______________, ss. I, ______________, do solemnly swear that: | | | --- | --- | | 1. | I am a citizen of the United States; | | 2. | Before removing my residence from the state of Kansas on __________, ______, which was within 45 days next preceding the presidential election to be held November ______, ______, I was a registered voter in the ______ precinct, township of ______________ (or in the ______ precinct of the ______ ward, at ______________ street, in the city of _________) in the county of , state of Kansas, which was my last place of residence prior to my removal from Kansas; | | 3. | I now reside at ______________ street, in ____________________ (Here insert name of town, township, village or city) | | 4. | On the day of the next presidential election, I shall be at least eighteen years of age; | | 5. | I believe I am entitled under the law of this state to vote at the presidential election to be held November , , in the precinct and county of my former residence as above stated. | | 6. | I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot at that election. | | Signed __________________________________________ (Applicant) Subscribed and sworn to before me this ______________ day of , . Signed Title and name of officer authorized to administer oath | |
(c) A person desiring to qualify under this act as a relocated resident voter to vote for presidential and vice-presidential electors is required to be registered in such voter's former precinct of residence in this state. Not more than 20 days prior to such general presidential election nor later than 12 o'clock noon on the Monday preceding the day of such election, such person shall make application with the office of the county election officer of the county of such person's new residence, in the form of an affidavit executed in duplicate as follows:
| STATE OF ______________ COUNTY OF ______________, ss. I, ______________, do solemnly swear that: | | | --- | --- | | 1. | I am a citizen of the United States; | | 2. | Before relocating my residence on __________, _____, which was not more than 20 days next preceding the presidential election to be held November ______, _____, I was a registered voter in the ______ precinct, township of _____________ (or in the _______ precinct of the _______ ward, at ______________ street, in the city of _________) in the county of , state of Kansas, which was my last place of residence prior to my relocation in Kansas; | | 3. | I now reside at __________ street, in _____________________ (Here insert name of town, township, village or city) of ______________________ county of the state of Kansas; | | 4. | On the day of the next presidential election, I shall be at least eighteen years of age; | | 5. | I believe I am entitled under the law of this state to vote at the presidential election to be held November , , in the precinct and county of my new residence as above stated. | | 6. | I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot at that election. | | Signed __________________________________________ (Applicant) Subscribed and sworn to before me this ______________ day of , . Signed Title and name of officer authorized to administer oath | |
History: L. 1963, ch. 232, § 2; L. 1972, ch. 137, § 2; L. 1974, ch. 156, § 4; L. 1985, ch. 118, § 2; L. 2000, ch. 56, § 2; July 1.
The official in whose office the application is filed immediately shall mail to the appropriate official of the state in which the new resident applicant last resided or in which the former resident applicant presently resides a duplicate of the application. In the case of a relocated resident, the county election officer of the county in whose office the application is filed immediately shall mail to the county election officer of the county where the relocated resident last resided a duplicate of the application.
History: L. 1963, ch. 232, § 3; L. 1972, ch. 137, § 3; L. 1985, ch. 118, § 3; July 1.
Every county election officer shall file each duplicate application or other official information indicating that a former resident, new resident or a relocated resident of this state has made application to vote at a presidential election in another state or in another precinct in the case of a relocated resident and shall maintain an alphabetical index thereof, for a period of six months after the election.
History: L. 1963, ch. 232, § 4; L. 1972, ch. 137, § 4; L. 1985, ch. 118, § 4; July 1.
If satisfied that the application is proper and that the applicant is qualified to vote under this act the county election officer shall deliver to the applicant a ballot for presidential and vice-presidential electors not sooner than 25 days nor later than the Monday preceding the next general presidential election.
History: L. 1963, ch. 232, § 5; L. 1972, ch. 137, § 5; L. 1985, ch. 118, § 5; July 1.
(a) The applicant upon receiving the ballot for presidential and vice-presidential electors shall mark the ballot and then fold the ballot and deposit it and seal it in an envelope furnished by the county election officer.
(b) The voter shall enclose the envelope containing the ballot in a carrier envelope which shall be securely sealed. There shall be imprinted on the outside of the envelope on a form substantially as follows:
DECLARATION OF NEW RESIDENT, FORMER RESIDENT OR RELOCATED RESIDENT VOTER
I hereby declare that I have qualified as a new resident voter, a former resident voter or relocated resident voter in this state to vote for presidential and vice-presidential electors. I have not applied nor do I intend to apply for any advance voting voter's ballot from any other state or precinct in the case of a relocated resident. I have not voted and I will not vote otherwise than by this ballot.
My legal residence (or last residence in Kansas, if a former resident voter or if a relocated resident) is in the ______________ precinct, township of _______________ (or in the ___________ precinct of the __________ ward, __________ street in the city of __________), in the county of _______________, state of Kansas.
Dated: _____________________ ____________________
(Signature of voter)
Note: False statement on this declaration is a class C misdemeanor.
The voter shall sign the declaration upon the carrier envelope as set forth above, and shall then deliver the sealed carrier envelope to the county election officer, who shall keep the carrier envelope in such officer's office until delivered by such officer to the proper election officials to be canvassed.
History: L. 1963, ch. 232, § 6; L. 1972, ch. 137, § 6; L. 1976, ch. 182, § 9; L. 1985, ch. 118, § 6; L. 1995, ch. 192, § 41; July 1.
False statement on a ballot declaration is knowingly and willfully falsely declaring any material fact in a declaration form provided for in K.S.A. 25-1806.
False statement on a ballot declaration is a class C misdemeanor.
History: L. 1976, ch. 182, § 10; April 16.
Every county election officer who shall receive such applications shall keep open to public inspection a list of all persons who have applied under this act to vote as new residents, former residents or as relocated residents, with their names, addresses, last Kansas addresses of those applying to vote as former residents or as relocated residents, and application dates.
History: L. 1963, ch. 232, § 7; L. 1972, ch. 137, § 7; L. 1985, ch. 118, § 7; July 1.
All ballots marked by new resident, former resident and relocated resident voters which reach the county election officer not later than the hour for closing of the polls on the date of the election shall be delivered by the county election officer to the special election board provided for in K.S.A. 25-1133, and amendments thereto, at the time prescribed by K.S.A. 25-1134, and amendments thereto, for delivery of advance voting ballots. Such ballots shall be canvassed in the manner provided for advance voting ballots in K.S.A. 25-1135 to 25-1139, inclusive, and amendments thereto. The new resident, former resident or relocated resident voter's name with a notation so designating shall be recorded in a special poll book for new resident, former resident and relocated resident voters.
History: L. 1963, ch. 232, § 8; L. 1972, ch. 137, § 8; L. 1976, ch. 182, § 11; L. 1978, ch. 140, § 9; L. 1985, ch. 118, § 8; L. 1995, ch. 192, § 42; July 1.
The vote of any new resident, former resident or relocated resident may be challenged for cause. The clerks and judges of special election boards provided for by law shall have all the powers and authority conferred upon them by law with respect to other voters in respect to hearing and determining the legality of votes by new residents, former residents or relocated residents.
History: L. 1963, ch. 232, § 9; L. 1972, ch. 137, § 9; L. 1985, ch. 118, § 9; July 1.
History: L. 1963, ch. 232, § 10; Repealed, L. 1974, ch. 157, § 27; July 1.
Except as otherwise provided in this act, the provisions of law relating to advance voting shall apply also to the casting and counting of ballots and challenging of votes by new residents, former residents or by relocated residents, the furnishing of election supplies, ballots, canvassing of ballots, and making proper returns of the results of the election.
History: L. 1963, ch. 232, § 11; L. 1972, ch. 137, § 10; L. 1978, ch. 140, § 10; L. 1985, ch. 118, § 10; L. 1995, ch. 192, § 43; July 1.
This act shall be known and may be cited as the "state board of education election act." Unless the context otherwise requires, words and terms defined in the state board of education act chapter 269 of the laws of 1968 shall have the same meaning when used in this act as is ascribed thereto in the state board of education act. Unless the context otherwise requires, words and terms defined in chapter 406 of the laws of 1968 shall have the same meaning when used in this act as is ascribed thereto in such act.
History: L. 1968, ch. 157, § 1; April 30.
The primary and general elections of members of the state board shall be held at the same time as other primary and general election of state officers, and the first such election shall be in the year 1968.
History: L. 1968, ch. 157, § 2; April 30.
(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 petition 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 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 of a filing fee in the amount of $25.
(b) Any such petition or declaration of intention 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 1, 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 intention 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.
History: L. 1968, ch. 157, § 3; L. 1971, ch. 129, § 1; L. 1997, ch. 124, § 12; L. 2023, ch. 79, § 30; July 1.
History: L. 1968, ch. 157, § 4; Repealed, L. 2003, ch. 84, § 1; July 1.
Laws applicable to the election of other state officers shall apply to elections of members of the state board to the extent that the same are not in conflict with this act chapter 157 of the laws of 1968 or chapter 269 of the laws of 1968.
History: L. 1968, ch. 157, § 5; April 30.
(a) The regular term of office of members of the state board shall be four (4) years. Regular terms shall commence on the second Monday in January following election of the state board member.
(b) Of the members of the state board elected in the year 1968, five (5) shall have terms ending on the second Monday in January in 1971, and five (5) shall have terms ending on the second Monday in January in 1973. Members elected to board member positions 1, 3, 5, 7 and 9 shall have the shorter terms and members elected to board member positions 2, 4, 6, 8 and 10 shall have the longer terms.
(c) Any member elected subsequent to 1968 shall be elected for a four-year term, unless such election is to fill the unexpired term where a vacancy has occurred on the board, in which case the member shall be elected for the two (2) years remaining of the unexpired term.
(d) Members appointed to fill a vacancy in a board member position shall serve from time of appointment until the second Monday in January next following the election of a member to that board member position.
History: L. 1968, ch. 157, § 6; April 30.
Revisor's Note: State board of education districts established in 1972 under decree of U.S. District Court of Kansas (Anderson v. Docking, Civil Action No. W-3220, filed April 20, 1972), see 4-501.
History: L. 1968, ch. 246, §§ 1, 2; Repealed, L. 1973, ch. 160, § 3; July 1.
History: L. 1970, ch. 138, § 2; Repealed, L. 1972, ch. 131, § 11; March 24.
History: L. 1973, ch. 160, §§ 1, 2; L. 1980, ch. 111, §§ 1, 2; Repealed, L. 1992, ch. 238, § 13; May 14.
This act, except K.S.A. 71-1413 and 71-1419, shall be known and may be cited as the "school election act."
History: L. 1968, ch. 59, § 1; July 1.
As used in this act the words and phrases set out in K.S.A. 25-2003 to 25-2008 shall have the meanings respectively ascribed to them unless the context requires a different meaning. Words and terms defined in chapter 406 of the laws of 1968 shall have the same meaning in this act as is ascribed thereto in such act. Words and terms in this act shall apply to the community junior college election act as amended by K.S.A. 71-1413 and 71-1419 only to the extent that the same are not in conflict therewith.
History: L. 1968, ch. 59, § 2; July 1.
(a) "Board" means the board of education of any unified school district.
(b) "Board member" and "member" mean a member of a board of education of any unified school district.
(c) "Holdover member" means a member, or an appointed successor to such member, whose term extends for any period before and two years after the July 1 following a change in method of election under this act.
(d) "Member position" means one of the seven positions of members of the board of education when a district method is used, each member position, except the at-large member position, is numbered.
History: L. 1968, ch. 59, § 3; L. 1976, ch. 185, § 1; April 13.
(a) "Member district" means one of the subdistricts into which a school district is or may be divided for the purpose of election of board members.
(b) "District method" means either a six district method, three district method, or two district method.
(c) "Election at large method" means election of board members without member districts.
(d) "Election at large" means an election at which all electors vote on all candidates.
History: L. 1968, ch. 59, § 4; July 1.
(a) "School district" means all of a school district or all of its territory.
(b) "Voting plan" means one of the three voting plans described in this act. "Voting plan-A" is election at large in both primary and general elections. "Voting plan-B" is voting by a district method in the primary and by election at large in the general election. "Voting plan-C" is voting by a district method in both the primary and general elections.
History: L. 1968, ch. 59, § 5; L. 2023, ch. 79, § 31; July 1.
As used in article 20 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto:
(a) "General election" means the election held for school officers on the Tuesday following the first Monday in November of odd-numbered years, and in the case of special elections of any school officers to fill vacancies, the election at which any such officer is finally elected.
(b) "Primary election" means the election held on the first Tuesday in August of each odd-numbered year, and any other preliminary election at which part of the candidates for special election to any school office are eliminated by the process of the election but at which no officer is finally elected.
(c) "Special election" means any election held on the first Tuesday after the first Monday in March of any year or on the same day as a general or primary election.
History: L. 1968, ch. 59, § 6; L. 1982, ch. 157, § 1; L. 2015, ch. 88, § 39; L. 2025, ch. 82, § 4; July 1.
(a) "Question submitted election" means any election at which a special question is to be voted on by the electors of the state or a part of them.
(b) "County election officer" means:
(1) The election commissioner of the home county of the school district if such county has an election commissioner;
(2) the county clerk of the home county of the school district if the county does not have an election commissioner; and
(3) the county clerk, or the election commissioner if there is one, of the county in which all or the greater part of the population is located in the case of a nonunified school district. In the event that doubt exists concerning which public officer is the county election officer under this subpart, the secretary of state shall specify such officer and such specification shall be conclusive.
(c) "Filing deadline" means the deadline established in K.S.A. 25-205, and amendments thereto.
History: L. 1968, ch. 59, § 7; L. 1973, ch. 161, § 1; L. 1982, ch. 157, § 2; L. 2015, ch. 88, § 40; July 1.
(a) "School office" or "school officer" means members of the governing body of any school district.
(b) "State board" means the state board of education.
History: L. 1968, ch. 59, § 8; L. 2023, ch. 79, § 32; July 1.
(a) School elections shall be nonpartisan and laws applicable only to partisan elections shall not apply in such elections. All laws applicable to elections, the violation of which is a crime, shall be applicable to school elections.
(b) Except as is provided in (a) above, laws applicable to county and city elections shall apply to school elections to the extent that the same are not in conflict with the provisions of this act. The provisions of this subsection (b) shall not apply to election notices.
History: L. 1968, ch. 59, § 28; July 1.
Election of board members and question submitted elections shall be conducted by the county election officer of the home county of the school district. Board member general elections shall be held on the Tuesday following the first Monday in November of odd-numbered years. A primary election shall be held on the first Tuesday in August of odd-numbered years.
History: L. 1968, ch. 59, § 22; L. 1983, ch. 123, § 4; L. 2015, ch. 88, § 41; July 1.
Primary and general school elections shall be conducted jointly with other elections held at the same time insofar as is practicable. Any election officer having responsibility for any other such election shall cooperate with the election officer of the school election, and if a difference arises which cannot be agreed upon, determination of the difference shall be made by the county election officer unless such difference involves a question the determination of which is provided by law to be made by the secretary of state. In addition to other differences which the secretary of state may resolve, he shall determine any matters which cannot be agreed upon locally by county election officers and which occur in relation to territory of a school district which is outside of its home county. Any determination of a difference made by the officer responsible under this section shall be conclusive.
History: L. 1968, ch. 59, § 25; July 1.
School elections shall be canvassed by election boards in other local elections insofar as is practicable, and where it is not practicable, the county election officer shall provide therefor by other appropriate means. The county election officer shall promptly certify to the state board the determination of election results made by the board of county canvassers. Upon completion of every school election canvass by the county board of canvassers, the names of the persons elected to a school office, together with a statement of the office to which each is so elected, shall promptly be certified by the county election officer to the clerk of each affected school district.
History: L. 1968, ch. 59, § 29; L. 1973, ch. 162, § 1; March 16.
Whenever at the general election of school officers of any school district no votes are cast and counted for one or more offices, and if there is one or more candidates for any such office, the county board of canvassers shall deem to be elected to such office the person indicated by the provisions of this section. In such a case, if there is only one candidate for the office, such candidate shall be deemed to be elected. In such a case, if there is more than one candidate, the county board of canvassers shall determine by lot the candidate deemed elected. The county board of canvassers shall issue a certificate of election to any candidate deemed to be elected under this section.
History: L. 1970, ch. 140, § 2; July 1.
History: L. 1968, ch. 59, § 31; Repealed, L. 1973, ch. 162, § 2; L. 1973, ch. 167, § 2; March 16.
Names of candidates appearing on the ballots in primary and general school elections shall be listed in order as provided in K.S.A. 25-212 and 25-610, and amendments thereto.
History: L. 1968, ch. 59, § 26; L. 2015, ch. 88, § 42; July 1.
Ballots for primary and general school elections shall be prepared in such manner that each voter is instructed to vote for the same number of candidates as the number of positions to be filled for which the voter is qualified to vote. When the voter may vote for more than one candidate, such instruction shall also specify that the voter may vote for fewer than the total number for which the voter is qualified to vote.
History: L. 1969, ch. 190, § 1; L. 1972, ch. 138, § 1; L. 1979, ch. 109, § 2; July 1.
History: L. 1968, ch. 59, § 37; Repealed, L. 1999, ch. 105, § 17; July 1.
In counties using voting machines, the county election officer shall prepare labels and conduct elections provided for in this act in accordance with provisions of laws relating to voting machines to the extent that the same may be made applicable.
History: L. 1968, ch. 59, § 34; July 1.
Consistent with this act the county election officer shall prescribe the form of every publication notice applicable to any primary or general school election.
History: L. 1968, ch. 59, § 27; L. 2015, ch. 88, § 43; July 1.
The clerk of the board of education of every school district shall certify to the county election officer of the home county of the school district a list of all school offices to be voted upon at each school election, any boundary changes of member districts since the last preceding election and the voting plan to be used as defined in K.S.A. 25-2005, and amendments thereto, not later than May 1 of each odd-numbered year. A copy of the above information shall be furnished to the county election officer of every county in which a part of the territory of the school district is located.
History: L. 1970, ch. 140, § 1; L. 1972, ch. 138, § 2; L. 2015, ch. 88, § 44; July 1.
(a) Notices of board member elections and question submitted elections of a school district shall be made as provided in this section.
(b) On or before June 10 of odd-numbered years, the county election officer shall publish a notice of election one time in a newspaper having general circulation in the school district. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. Such notice shall remain on the website until the day after the election. The notice for board member elections shall state: (1) The name of the school district; (2) the date of the general election; (3) the date of the primary election if one is held; (4) the filing deadline and the place of filing; and (5) the offices or positions to be filled.
(c) All notices provided for by this section shall be given in the form prescribed by the secretary of state to the extent that any notice or part thereof is prescribed by the secretary of state. The provisions of this section shall not be construed to require the secretary of state to prescribe any particular form.
(d) On or before June 10 of each odd-numbered year, a notice of primary elections shall be published by the county election officer one time in a newspaper having general circulation in the school district, if a primary election is required to be held. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. Such notice shall remain on the website until the day after the election. The notice shall state: (1) The name of the school district; (2) the date of the primary election; (3) the names of the candidates and the office or position for which each is a candidate; (4) the voting place or places and the area each voting place is to serve; and (5) the times of opening and closing of the polls. Description of areas shall be in the terms determined by the county election officer.
(e) On or before September 1 of each odd-numbered year, a notice of the general election shall be published by the county election officer one time in a newspaper having general circulation in the school district. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. Such notice shall be published not less than 21 days prior to the election and shall remain on the website until the day after the election. The notice shall state: (1) The name of the school district; (2) the date of the general election; (3) the names of the candidates and the office or position for which each is a candidate; (4) the voting place or places and the area each voting place is to serve; and (5) the time of opening and closing of polls. Description of areas shall be in such terms as may be determined by the county election officer.
(f) Notice of any question submitted election of any school district shall be made in the manner provided by K.S.A. 10-120, and amendments thereto. The notice shall state: (1) the name of the school district; (2) the date of the election; (3) the amount of bonds to be issued, if a bond election; (4) the proposition to be voted upon; (5) the hours of opening and closing of the polls; (6) the voting place or places and the area each voting place is to serve; and (7) any other information specifically required by law. Description of areas shall be in the terms determined by the county election officer.
History: L. 1968, ch. 59, § 36; L. 1974, ch. 162, § 1; L. 1982, ch. 157, § 3; L. 1983, ch. 50, § 2; L. 2015, ch. 88, § 45; L. 2023, ch. 79, § 33; July 1.
(a) No school district shall call or hold more than one bond election at a time other than on the same date as a primary or general election, at a special election or the election of board of education members within any one calendar year. The provisions of this act shall not prohibit the planning for or consideration of any bond election during the period between authorized bond elections, nor shall this act prohibit notice or other preparation for election during such period.
(b) The provisions of this act shall have no application to any capital outlay tax levy or election for authorization thereof.
(c) This section shall not apply to bond elections held for the purpose of replacing, or repairing and equipping school buildings or facilities destroyed or substantially damaged by fire, windstorm, flood or other casualty, if approval for such election is obtained from the state board of education.
History: L. 1968, ch. 276, § 1; L. 1970, ch. 141, § 1; L. 2025, ch. 82, § 5; July 1.
(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 $20. 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 $20. 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 district, 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 payment therewith of a filing fee in the amount of $20. 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 as prescribed in K.S.A. 25-205, and amendments thereto. No candidate shall be permitted to withdraw from candidacy 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 petition or declaration was filed that such nomination petition or declaration has been found to be invalid and the reason for the finding. Such candidate may make objection to the finding of invalidity by the county election officer in accordance with K.S.A. 25-308, and amendments thereto.
History: L. 1968, ch. 59, § 23; L. 1976, ch. 185, § 2; L. 1978, ch. 138, § 21; L. 1989, ch. 106, § 8; L. 2002, ch. 146, § 1; L. 2015, ch. 88, § 46; July 1.
(a) In school districts in which a member district method of election is in effect, if there are more than three qualified candidates for any member position in any member district, the county election officer shall call, and there shall be held, a primary election in each such member district. The names of the two candidates receiving the greatest number of votes for any member position at the primary election shall appear on the ballots in the general election. If there are three or fewer qualified candidates for any member position, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(b) In school districts in which the election at large method of election is in effect, if there are more than three times the number of candidates as there are board members to be elected, the county election officer shall call, and there shall be held, a primary election. The names of twice the number of candidates as there are board members to be elected who received the greatest number of votes at the primary election shall appear on the ballots in the general election. If there are not more than three times the number of candidates as there are board members to be elected, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(c) If a member is to be elected to fill an unexpired term, the office shall be listed separately on the ballots. If there are more than three candidates for such unexpired term, the county election officer shall call, and there shall be held, a primary election. The names of the two candidates for such unexpired term receiving the greatest number of votes shall appear on the ballots in the general election. If there are three or fewer qualified candidates for the unexpired term of any member position, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(d) On the ballots in general school elections, blank lines for the names of write-in candidates shall be printed at the end of the list of candidates for each different office. The number of blank lines for such elected office shall be equal to the number to be elected thereto. The purpose of such blank lines shall be to permit the voter to insert the name of any person not printed on the ballot who is a qualified elector residing in the district for whom such voter desires to vote for such office. No lines for write-in candidates shall appear on primary school election ballots.
History: L. 1968, ch. 59, § 24; L. 1971, ch. 130, § 1; L. 1974, ch. 163, § 1; L. 1976, ch. 185, § 3; L. 2008, ch. 165, § 2; L. 2011, ch. 112, § 10; L. 2023, ch. 79, § 34; July 1.
Any board shall have power to fill by appointment any vacancy which occurs thereon, and such appointee shall serve for the unexpired term. When a vacancy occurs, the board shall publish a notice one time in a newspaper having general circulation in the school district stating that the vacancy has occurred and that it will be filled by appointment by the board not sooner than 15 days after such publication. If such vacancy occurs before May 1 of the second year of the term leaving an unexpired term of more than two years such appointee shall serve until the second Monday in January after the following general school election as provided in K.S.A. 25-2023, and amendments thereto.
In the latter event, the unexpired term of two years commencing on the second Monday in January after the following general school election shall be filled at such election and the ballots or ballot labels and returns of election with respect to such office shall be designated as follows: "To fill the unexpired term."
History: L. 1968, ch. 59, § 30; L. 1971, ch. 131, § 1; L. 1973, ch. 163, § 1; L. 2015, ch. 88, § 47; July 1.
Whenever a school district has a voting plan or method of election which provides for member districts, persons elected or appointed to be a member of the board of education of such school district shall reside in the member district corresponding to the member position to which such person is elected or appointed unless such person is a member at-large of the board of education. The member at-large may reside anywhere within the school district. Changes of member district territory and boundaries such that a member of a board of education no longer resides in the member district from which elected or appointed shall not shorten the term of such member. In the event a member of a board of education elected or appointed from a member district changes residence from one place to another within a school district, such that he or she no longer resides in the member district from which elected or appointed, such member shall nevertheless continue the term to its conclusion without such term being shortened. In the event a member of a board of education establishes residence outside the school district in which such member resided at the time of election, a vacancy in the membership of the board shall exist as of the date upon which the determination is made by the county election officer of the home county of such school district that a change of residence has occurred, and such member shall no longer be eligible to serve on the board of education of such school district.
History: L. 1970, ch. 140, § 4; L. 1974, ch. 163, § 2; L. 1976, ch. 185, § 4; April 13.
Whenever the membership of any board of education shall by resignation, death, removal from office or otherwise be reduced to a number less than four (4), the governor shall appoint to such board of education sufficient members so that the membership of the board of education totals four (4). When the membership of such a board of education has been restored to four, such four members shall, within six (6) months, appoint members to fill the remaining vacancies in the manner provided in K.S.A. 25-2022. Members appointed under the authority of this section shall be appointed for the unexpired term in the manner provided in said K.S.A. 25-2022. Vacancies on a board of education subject to the provisions of this act shall be certified to the governor by the clerk of the board of education.
History: L. 1972, ch. 281, § 1; L. 1976, ch. 145, § 149; L. 1977, ch. 109, § 28; July 1.
The term of office of each board member shall commence on the second Monday in January following the election. Each member elected shall qualify by filing an oath of office with the county election office. Each member elected to a board of education shall hold office until a successor is elected or appointed and qualified and shall serve for a term of four years.
History: L. 1968, ch. 59, § 32; L. 1974, ch. 164, § 1; L. 2015, ch. 88, § 48; July 1.
Every person elected or appointed to be a member of a board of education of any school district shall, before entering upon the duties of such office, take and subscribe an oath or affirmation as specified in K.S.A. 54-106, and every such oath or affirmation shall be filed with the county election officer of the home county of the school district. In the event that any filing required by this section has not been so filed within thirty (30) days after a certificate of election has been issued therefor, the county election officer shall send a letter to the offending person, advising him that he has failed to qualify for office and quoting the provisions of this section. Thereupon, if the filing required by this section has not been made as herein required within sixty (60) days after such certificate of election was issued, the county election officer shall send a written notice thereof to the clerk of the board of education to which such candidate was elected.
History: L. 1970, ch. 140, § 3; July 1.
As used in this act, the words and phrases set out in K.S.A. 25-2102 to 25-2106 shall have the meanings respectively ascribed to them unless the context requires a different meaning. Words and terms defined in chapter 406 of the laws of 1968 shall have the same meaning in this act as is ascribed thereto in such act.
History: L. 1968, ch. 274, § 1; April 30.
(a) "General election" means the elections held on the Tuesday succeeding the first Monday in November of both odd-numbered and even-numbered years, and in the case of special elections of any officers to fill vacancies, the election at which any such officer is finally elected.
(b) "Primary election" means the elections held on the first Tuesday in August of both odd-numbered and even-numbered years.
(c) "District method" means the election of city officers where the city is divided into member districts or wards.
(d) "Election at large method" means the election of city officers without member districts or wards.
History: L. 1968, ch. 274, § 2; L. 1982, ch. 157, § 4; L. 2011, ch. 112, § 11; L. 2015, ch. 88, § 49; July 1.
"City election" means the election of such city officers as are provided by law to be elected.
History: L. 1968, ch. 274, § 3; April 30.
(a) "Question submitted election" means any election at which a special question is to be voted on by the electors of the state or a part of them.
(b) "County election officer" means the election commissioner in counties having an election commissioner, and the county clerk in counties which do not have an election commissioner.
History: L. 1968, ch. 274, § 4; April 30.
"City office" or "city officer" means such city officers as are provided by law to be elected.
History: L. 1968, ch. 274, § 5; April 30.
"Filing deadline" means the hour, date or time after which it is provided by law no person may become a candidate for election to public office. After the effective date of this act, no candidate shall be permitted to withdraw his candidacy after the filing deadline.
History: L. 1968, ch. 274, § 6; L. 1970, ch. 142, § 1; March 26.
(a) The general election of city officers shall be held on the Tuesday following the first Monday in November of each odd-numbered and even-numbered years, if needed.
(b) A primary may be held on the first Tuesday in August of each odd-numbered and even-numbered year, if needed, as prescribed in K.S.A. 25-205 and 25-2108a, and amendments thereto.
History: L. 1968, ch. 274, § 7; L. 1969, ch. 191, § 2; L. 2015, ch. 88, § 50; July 1.
History: L. 1968, ch. 274, § 8; Repealed, L. 1976, ch. 186, § 2; July 1.
(a) There shall be a primary election of city officers on the first Tuesday in August of each odd-numbered and even-numbered year, if needed.
(b) In cities in which a district method of election is in effect, if there are more than three qualified candidates for any member district, the county election officer shall call, and there shall be held, a primary election in each such member district. The names of the two candidates receiving the greatest number of votes for any such member district at the primary election shall appear on the ballots in the general election. If there are three or fewer qualified candidates for any member district there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(c) In cities in which the election at large method of election is in effect, if there are more than three times the number of candidates as there are members to be elected, the county election officer shall call, and there shall be held, a primary election. The names of twice the number of candidates as there are members to be elected who received the greatest number of votes at the primary election shall appear on the ballots in the general election. If there are not more than three times the number of candidates as there are members to be elected there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(d) On the ballots in general city elections, blank lines for the names of write-in candidates shall be printed at the end of the list of candidates for each different office. The number of blank lines for each elected office shall be equal to the number of candidates to be elected thereto. The purpose of such blank lines shall be to permit the voter to insert the name of any person not printed on the ballot for whom such voter desires to vote for such office. No lines for write-in candidates shall appear on primary city election ballots.
History: L. 1976, ch. 186, § 1; L. 1982, ch. 157, § 5; L. 2008, ch. 165, § 3; L. 2011, ch. 112, § 12; L. 2015, ch. 88, § 51; July 1.
The filing deadline for all city elections shall be at 12 noon on June 1 as provided in K.S.A. 25-205, and amendments thereto.
History: L. 1968, ch. 274, § 9; L. 1973, ch. 161, § 2; L. 1982, ch. 157, § 6; L. 2015, ch. 88, § 52; July 1.
(a) Any person desiring to become a candidate 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, before the filing deadline, established in K.S.A. 25-205, and amendments thereto, a declaration of candidacy on a form furnished by the county election officer as specified by the secretary of state.
(b) The number of qualified electors of the city which must sign a nomination petition, shall be established by the city governing body by passage of an ordinance.
(c) 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 validity of such petition or declaration.
(d) If a nomination petition or declaration is found to be invalid, the county election officer shall notify the candidate on whose behalf the petition or declaration was filed that such nomination petition or declaration has been found to be invalid and the reason for the finding. Such candidate may make objection to the finding of invalidity by the county election officer in accordance with K.S.A. 25-308, and amendments thereto.
(e) 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.
History: L. 1968, ch. 274, § 10; L. 1969, ch. 192, § 1; L. 1972, ch. 139, § 1; L. 1975, ch. 212, § 1; L. 1977, ch. 137, § 1; L. 1984, ch. 142, § 1; L. 2002, ch. 146, § 2; L. 2015, ch. 88, § 53; July 1.
(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 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 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 validity 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 petition or declaration was filed that such nomination petition or declaration has been found to be invalid and the reason for the finding. Such candidate 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.
History: L. 1977, ch. 137, § 2; L. 1984, ch. 142, § 2; L. 2002, ch. 146, § 3; July 1.
At all city elections the polls shall open at 7:00 a.m. and close at 7:00 p.m., unless different hours are set and publicly announced by the county election officer. In the event that different hours are so set, the polls shall be open at least twelve (12) continuous hours commencing not earlier than 6:00 a.m. and ending not later than 8:00 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.
History: L. 1968, ch. 274, § 11; April 30.
No notice of any city election of any city officer shall be required. Notices of bond elections and other question submitted elections held on the same day as either a city primary election or city general election shall be prepared and published as provided in K.S.A. 25-105, by the county election officer.
History: L. 1968, ch. 274, § 12; L. 1975, ch. 204, § 6; July 1.
City elections shall be nonpartisan or partisan as determined by the governing body and shall be conducted in accordance with chapter 25 of the Kansas Statutes Annotated, and amendments thereto. Laws applicable to elections occurring at the same time as city elections shall apply to city elections to the extent that the same are not in conflict with the provisions of this act.
History: L. 1968, ch. 274, § 13; L. 2015, ch. 88, § 54; July 1.
Primary and general city elections shall be conducted jointly with other elections held at the same time insofar as is practicable. Any election officer having responsibility for any other such election shall cooperate with the election officer of the city election, and if a difference arises which cannot be agreed upon, determination of the difference shall be made by the county election officer, unless such difference involves a question the determination of which is provided by law to be made by the secretary of state. If under the provisions of this act one election officer is required to make determination of a matter and under any other statute a different election officer is required to make determination of the same issue, the two (2) election officers shall agree upon determination of such matter, or if they do not agree, either may submit the matter for determination to the secretary of state whose decision on such matter shall be final and conclusive.
History: L. 1968, ch. 274, § 14; April 30.
Names of candidates appearing on the ballots in primary and general city elections shall be listed in the various possible orders in rotation and as provided in K.S.A. 25-212 and 25-610, and amendments thereto.
History: L. 1968, ch. 274, § 26; L. 2015, ch. 88, § 55; July 1.
(a) No blank lines for write-in candidates shall appear on primary city election ballots.
(b) On the ballots in general city elections, blank lines for the name of write-in candidates shall be printed at the end of the list of candidates for each different office equal to the number to be elected thereto. The purpose of such blank lines shall be to permit the voter to insert the name of any person not printed on the ballot for whom he desires to vote for such office.
History: L. 1968, ch. 274, § 49; April 30.
Whenever any vacancy occurs in any elective city office, and no other provision is made by law for filling such vacancy, the vacancy shall be filled by appointment by the governing body of the city, or the remaining member or members of such governing body. A majority of the members of the governing body then in office shall be sufficient for approval of any such appointment.
History: L. 1969, ch. 191, § 1; May 1.
The city clerk shall certify to the county election officer a list of all city offices to be voted upon at each city election not later than May 1 of every year that such city has a city election.
History: L. 1972, ch. 140, § 1; L. 2015, ch. 88, § 56; July 1.
Ballots for primary and general city elections shall be prepared in such manner that each voter is instructed to vote for the same number of candidates as the number of positions to be filled, for which the voter is qualified to vote. When the voter may vote for more than one candidate, such instruction shall also specify that the voter may vote for fewer than the total number for which the voter is qualified to vote. Failure to vote for the maximum number of candidates for positions as the voter is qualified to vote for shall not invalidate the ballot nor that portion of the ballot and votes for candidates fewer than the number directed shall be counted.
History: L. 1972, ch. 140, § 2; L. 1979, ch. 109, § 3; July 1.
The county election officer who conducts the city election shall promptly certify to the city governing body the determination of election results made by the county board of canvassers. The term of office shall commence on a date established by resolution of the city on or after December 1 following the certification of the election and no later than the second Monday in January following certification of the election. If a city does not establish an alternative date for elected officials taking office, the term shall begin on the second Monday in January.
Every person elected or appointed to city office, before entering upon the duties of such office, shall take and subscribe an oath or affirmation as specified in K.S.A. 54-106, and amendments thereto, and every such oath or affirmation shall be filed with the city clerk.
History: L. 1972, ch. 140, § 3; L. 2015, ch. 88, § 57; L. 2019, ch. 20, § 2; July 1.
(a) On and after January 1, 2017, all primary elections for members of the governing body and other elected officials of any municipality shall be held on the first Tuesday in August of 2017 and on such date thereafter of odd-numbered years, and all general elections for members of the governing body and other elected officials of any municipality shall be held on the Tuesday succeeding the first Monday in November of 2017 of odd-numbered years and on such date thereafter.
(b) The term of members of governing bodies and other elected officials of any municipality that would expire at any time in 2017 shall expire on the second Monday in January of 2018, when newly elected members of the governing body and other newly elected officials shall take office.
(c) The governing body of the municipality shall establish by ordinance or resolution terms of office of elected officials to comply with this act.
(d) Primary elections for any municipality shall be conducted as provided in K.S.A.
25-202, and amendments thereto. A primary election shall only be required as provided in K.S.A.
25-2021 and
25-2108a, and amendments thereto, or as otherwise required by law.
(e) The filing deadline for all candidates for any municipality, unless otherwise provided by law, shall be as provided in K.S.A.
25-205, and amendments thereto.
(f) Any person who meets the qualifications for the office sought may become a candidate for municipal office by filing a declaration of intent to become a candidate with the county election officer accompanied by a filing fee of $20.
(g) "Municipality" means: (1) Any city, consolidated city-county created under K.S.A.
12-340 et seq., and amendments thereto, and K.S.A. 12-360 et seq., and amendments thereto, school district, any board of public utilities created under K.S.A.
13-1220 et seq., and amendments thereto, community college, drainage district, extension district created under K.S.A.
2-623 et seq., and amendments thereto, irrigation district, improvement district created under K.S.A.
19-2753 et seq., and amendments thereto, water district created under K.S.A.
19-3501 et seq., and amendments thereto, and hospital district created under K.S.A.
80-2501 et seq., and amendments thereto.
(2) The term does not include any special district where the election of members of the governing body is conducted at a meeting of the special district.
(h) Cities and hospital districts may provide for elections of elected officials in even-numbered years in order to provide for staggered terms of office or for three-year terms of office for elected officials.
History: L. 2015, ch. 88, § 7; L. 2016, ch. 55, § 2; July 1.
The county election officers in consultation with the secretary of state shall develop ways to reduce the ballot length and expedite the voting process on election days.
History: L. 2015, ch. 88, § 14; L. 2023, ch. 79, § 35; July 1.
(a) The secretary of state shall develop the style and form of the official primary ballot and the official general election ballot for municipal offices.
(b) The declaration of intent to become a candidate shall be prescribed by the secretary of state. The declarations for any municipality shall be filed with the county election officer not later than 12 noon, June 1, prior to the primary election in both even-numbered and odd-numbered years, or if such date falls on a Saturday, Sunday or holiday, then before 12 noon of the next day that is not a Saturday, Sunday or holiday.
(c) The secretary of state shall establish primary election procedures for primary elections for municipalities.
(d) The secretary of state shall establish general election procedures for general elections for municipalities.
(e) County election officers shall conduct municipal elections in odd-numbered years and elections in even-numbered years if needed.
(f) The secretary of state shall adopt rules and regulations to implement this section on or before July 1, 2016.
History: L. 2015, ch. 88, § 15; L. 2019, ch. 36, § 3; April 25.
K.S.A. 12-184a, 25-21a01, 25-21a02, 25-21a03, 25-21a04 and 25-2703a, and amendments thereto, may be cited as and shall be known as the help Kansas vote act.
History: L. 2015, ch. 88, § 16; July 1.
(a) Election expenses of all primary, general and question submitted elections which are township, city, school or community junior college elections shall be paid by the boards of county commissioners of the respective counties. Election expenses of all public special districts for which it is provided by law that the county election officer, county clerk, or county election commissioner is to conduct the election, shall be paid by the boards of county commissioners of the respective counties, and the provisions of this act shall apply thereto in the same manner as the same apply to township, city, school, and community junior colleges.
(b) The direct expenses of any primary, general and question submitted elections which are township, city, school or community junior college elections, except for any such election held on a day when every registered voter in the county is authorized to vote at one election or another, shall be reimbursed to the county by the township, city, school or community junior college district for which such expenses are incurred. Indirect expenses of such elections shall not be reimbursed to the county. All costs of publication of notices of election shall be reimbursed to the county by the township, city, school district or community junior college to which the notice applies.
(c) Whenever reimbursement to the county is required under subsection (b), the direct expenses of any election held at the same time and in the same area as an election for another subdivision of government shall be apportioned among the subdivisions of government for which such expenses are incurred, in equal proportions. In the event that the subdivisions of government sharing the expense of an election are not coextensive in territory, the subdivision of government which does not extend into a particular area shall not share in the expense of the voting place for such area.
History: L. 1968, ch. 53, § 1; L. 1973, ch. 164, § 1; L. 1974, ch. 165, § 1; March 22.
Annually any county may make a tax levy on the taxable tangible property in the county in an amount not greater than the amount necessary to pay the direct expense of elections which the county is required to pay and for which the county is not reimbursed under the provisions of subsection (b) of K.S.A. 25-2201, and amendments thereto, and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. If a petition signed by 5% of the registered voters of any county is filed with the county election officer on or before July 10, 1974, requesting an election be held to determine whether the tax levy authorized by this section shall be permitted in such county, the county election officer shall hold a special question submitted election on the first Tuesday in August of 1974, in such county. The proposition shall be stated on the ballot as follows:
"Shall the board of county commissioners be authorized to make an annual tax levy on the taxable tangible property in the county to pay the direct expenses of certain elections of other subdivisions of governments as required by law."
If a majority of those voting on such question submitted are in favor of the proposition such county may in 1974 and thereafter immediately make the levy authorized in this section. If a majority of those voting on such question are against the proposition, and the board of county commissioners has theretofore included in its adopted budget any amount under authority of this section, such adopted budget and the tax levy therefor shall be reduced in an amount equal to the amount so budgeted, and no tax levy under this section shall be made in such county in 1974 or thereafter.
History: L. 1974, ch. 165, § 2; L. 1979, ch. 52, § 139; L. 1990, ch. 66, § 38; May 31.
The county election officer shall make the original apportionment of election expenses among the subdivisions of government responsible therefor and shall submit the same to the respective governing bodies of such subdivisions. Such apportionment shall be made in accordance with the provisions of this act and any rules and regulations of the state election board applicable thereto.
History: L. 1968, ch. 53, § 2; March 19.
(a) There is hereby established the state election board, the members of which shall be the lieutenant governor, the secretary of state and the attorney general. The state election board shall meet on the call of the secretary of state.
(b) The state election board shall:
(1) Adopt rules and regulations for determination of apportionment of election expenses among the subdivisions of government. Such rules and regulations shall identify and define the election expenses which are direct and those which are indirect, or shall define sufficient means of making determination thereof;
(2) assess information provided by any applicant for voter registration as evidence of citizenship pursuant to K.S.A. 25-2309(m), and amendments thereto; and
(3) make such additional rules and regulations as it deems advisable relating to payment of election expenses.
History: L. 1968, ch. 53, § 3; L. 1974, ch. 364, § 3; L. 2011, ch. 56, § 7; January 1, 2012.
In the event that any subdivision of government receives a statement of apportionment of election expense from a county election officer and is aggrieved thereby, the governing body of such subdivision of government may within thirty (30) days after the receipt of such statement appeal to the state election board specifying such changes as it believes should be made in such statement. In accordance with its rules and regulations, the state election board shall receive and determine such appeal, with or without hearing, and issue an order confirming the statement as made or providing that certain changes be made in the statement. The determination of the state election board of any appeal under the provisions of this section shall be conclusive, and shall be the exclusive remedy in such cases. Mandamus action may be maintained to enforce any order of the state election board.
History: L. 1968, ch. 53, § 4; March 19.
Words and terms used in this act have the same meaning as is ascribed thereto in other acts of the legislature at which this act is passed.
History: L. 1968, ch. 53, § 5; March 19.
Citizens who are entitled to the right of suffrage shall be ascertained as provided in this act, except as is otherwise provided in K.S.A. 25-1215 et seq. and 25-1801 et seq. The provisions of this act are of statewide importance and concern.
History: L. 1968, ch. 55, § 1; April 30.
It is the duty of all legally qualified voters to register to vote. Such registration, when made as provided in this act, shall entitle such voters to vote, if otherwise legally qualified. Such registration, if the same meets the requirements of this act, shall be prima facie evidence of the right of such voters to vote at any election held in the voting district where such voter resides.
History: L. 1968, ch. 55, § 2; L. 1971, ch. 132, § 1; July 1.
History: L. 1971, ch. 132, §§ 2 through 4; Repealed, L. 1973, ch. 167, § 2; July 1.
An elector who was a person in federal service within the meaning of K.S.A. 25-1214, and amendments thereto, and whose status in such federal service has been terminated by discharge from the armed forces, by separation from the merchant marine, or by termination of service or employment outside the territorial limits of the United States, too late to enable such person to register at the time when and place where registration is required, shall be entitled to register for the purpose of voting only at the next ensuing election after such discharge, separation, or termination of employment, as herein provided. Such elector shall execute and file with the county election officer of the county of his residence, not later than 12:00 o'clock noon on the day before the election, an affidavit in form to be prescribed by the secretary of state, establishing the eligibility of such elector to register under this section. The county election officer shall provide to the person registering under the provisions of this section a certificate stating the precinct in which he is entitled to vote, which shall be presented to and filed with the election board of that precinct at the time of voting.
History: L. 1972, ch. 142, § 1; July 1.
(a) The officer responsible for administering the provisions of this act shall be the county election officer. "County election officer" means the election commissioner in counties having an election commissioner, and the county clerk in counties which do not have an election commissioner. Words and terms defined in chapter 406 of the laws of 1968 shall have the same meaning in this act as is ascribed thereto in such act, unless inconsistent with the provisions of this act.
(b) "Voter registration agency" means any office in the state, other than an office of the division of motor vehicles, that provides public assistance, that provides state-funded programs primarily engaged in providing services to persons with disabilities, recruitment offices of the armed forces, and the office of the city clerk in any city of the first or second class. A voter registration agency shall provide voter registration services to persons who apply for the agency's services or assistance, and upon completion of each recertification, renewal or change of address form.
(c) Deputy county election officers shall maintain records and perform duties under the provisions of this act only in the manner prescribed by the county election officer. County election officers may appoint such deputy county election officers as deemed appropriate, including, but not limited to, the city clerk of any city, personnel in any public high school, any public library or public institution of higher education, in addition to those required to be appointed under the provisions of subsection (b).
History: L. 1968, ch. 55, § 3; L. 1983, ch. 125, § 12; L. 1996, ch. 187, § 6; April 25.
(a) The county election officer shall maintain registration books to register all citizens entitled to be registered by such county election officer under the provisions of this act. Such registration books may be in such form as may be authorized by the secretary of state.
The secretary of state shall prescribe by rules and regulations adopted as provided by law suitable provisions to assure the reasonable safety and reliability of registration books and applications for registration. Such rules and regulations may make specific provisions relating to any one or more of the types of registration books authorized by the secretary of state.
(b) The secretary of state shall establish a centralized voter registration database. Such database shall include all necessary voter registration information from every county within the state of Kansas. The secretary of state shall include in such database a list of active voters and a separate list of voters who have failed to vote at two consecutive state or national general elections or who have failed to respond to a confirmation notice sent pursuant to subsection (e) of K.S.A. 25-2316c, and amendments thereto.
(c) County election officers shall maintain voter registration records as required by law and transmit data in the manner prescribed by rules and regulations adopted pursuant to this section.
(d) The secretary of state shall adopt rules and regulations to insure the reasonable safety and reliability of the information contained in the central voter registration database and voter lists required by this section and to prescribe the type of data, the frequency, and the manner in which it is transferred to such central location.
History: L. 1968, ch. 55, § 4; L. 1990, ch. 125, § 1; L. 2001, ch. 128, § 11; July 1.
The registration books shall contain the following information as to each voter who is registered: Name, date of registration and residence. Residence shall be specified by number and street, if any, and otherwise in such appropriate form as is determined by the county election officer in accordance with applicable rules and regulations of the secretary of state. If the person registered is under the age of eighteen (18) years at the time of registration, the registration books shall temporarily show the date when such person will reach the age of eighteen (18) years.
History: L. 1968, ch. 55, § 5; L. 1972, ch. 141, § 1; July 1.
The county election officer shall record and maintain a residential address and a mailing address for each registered voter if the mailing address is different from the residential address. The residential address of a registered voter shall correspond to a physical location where the registered voter resides and shall not be a post office box or other address that does not correspond to a physical location that can be occupied and, if not, the person shall not be considered a validly registered voter. The county election officer shall record such information in any electronic database.
History: L. 2021, ch. 97, § 2; January 1, 2022.
The application for registration shall include a statement by the applicant that he will have reached the age of eighteen (18) years before the next statewide general election. No person may vote at any election until he has reached the age of eighteen (18) years.
History: L. 1968, ch. 55, § 6; L. 1972, ch. 141, § 2; July 1.
County election officers and deputy county election officers are authorized to administer oaths for the examination of applicants for registration or for any other matters relating to the administration of their duties.
History: L. 1968, ch. 55, § 7; April 30.
History: L. 1968, ch. 55, § 8; Repealed, L. 1980, ch. 112, § 9; July 1.
(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, and such form 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 national mail voter registration form issued pursuant to federal law.
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. A signature may be made by mark, initials, typewriter, print, stamp, symbol or any other manner if by placing the signature on the document the person intends the signature to be binding. A signature may be made by another person at the voter's direction if the signature reflects such voter's intention.
(b) Applications made under this section shall give voter eligibility requirements and such information as is necessary to prevent duplicative voter registrations and enable the relevant election officer to assess the eligibility of the applicant and to administer voter registration, including, but not limited to, the following data to be kept by the relevant election officer as provided by law:
(1) Name;
(2) place of residence, including specific address or location, and mailing address if the residence address is not a permissible postal address;
(3) date of birth;
(4) sex;
(5) the last four digits of the person's social security number or the person's full driver's license or nondriver's identification card number;
(6) telephone number, if available;
(7) naturalization data, if applicable;
(8) if applicant has previously registered or voted elsewhere, residence at time of last registration or voting;
(9) when present residence established;
(10) name under which applicant last registered or voted, if different from present name;
(11) an attestation that the applicant meets each eligibility requirement;
(12) a statement that the penalty for submission of a false voter registration application is a maximum presumptive sentence of 17 months in prison;
(13) 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;
(14) a statement that if an applicant does register to vote, the office to which a voter registration application is submitted will remain confidential and will be used only for voter registration purposes;
(15) boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the United States, together with the question "Are you a citizen of the United States of America?";
(16) boxes for the county election officer or chief state election official to check to indicate whether the applicant has provided with the application the information necessary to assess the eligibility of the applicant, including such applicant's United States citizenship;
(17) boxes for the applicant to check to indicate whether or not the applicant will be 18 years of age or older on election day, together with the question "Will you be 18 years of age on or before election day?";
(18) in reference to paragraphs (15) and (17) the statement "If you checked 'no' in response to either of these questions, do not complete this form.";
(19) a statement that the applicant shall be required to provide identification when voting; and
(20) 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 (8) or (10), 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. This section shall be interpreted and applied in accordance with federal law. No eligible applicant whose qualifications have been assessed shall be denied registration.
(c) Any person who applies for registration through a voter registration agency shall be provided with, in addition to the application under subsection (b), a form that 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 "Applying 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."
(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 registration 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 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 application 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 address for the voter.
(i) Any registered voter may request that such person's residence address be concealed from public inspection on the voter registration list and on the original voter registration application form. Such request shall be made in writing to the county election officer, and shall specify a clearly unwarranted invasion of personal privacy or a threat to the voter's safety. Upon receipt of such a request, the county election officer shall take appropriate steps to ensure that such person's residence address is not publicly disclosed. Nothing in this subsection shall be construed as requiring or authorizing the secretary of state to include on the voter registration application form a space or other provision on the form that would allow the applicant to request that such applicant's residence address be concealed from public inspection.
(j) No application for voter registration shall be made available for public inspection or copying unless the information required by subsection (b)(5) has been removed or otherwise rendered unreadable.
(k) If an applicant fails to answer the question prescribed in subsection (b)(15), the county election officer shall send the application to the applicant at the postal delivery address given on the application, by nonforwardable mail, with a notice of incompleteness. The notice shall specify a period of time during which the applicant may complete the application in accordance with K.S.A.
25-2311, and amendments thereto, and be eligible to vote in the next election.
(l) The county election officer or secretary of state's office shall accept any completed application for registration, but an applicant shall not be registered until the applicant has provided satisfactory evidence of United States citizenship. Evidence of United States citizenship as required in this section will be satisfied by presenting one of the documents listed in subsection (l)(1) through (l)(13) in person at the time of filing the application for registration or by including a photocopy of one of the following documents with a mailed registration application. After a person has submitted satisfactory evidence of citizenship, the county election officer shall indicate this information in the person's permanent voter file. Evidence of United States citizenship shall be satisfied by providing one of the following, or a legible photocopy of one of the following documents:
(1) The applicant's driver's license or nondriver's identification card issued by the division of vehicles or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver's license or nondriver's identification card that the person has provided satisfactory proof of United States citizenship;
(2) the applicant's birth certificate that verifies United States citizenship to the satisfaction of the county election officer or secretary of state;
(3) pertinent pages of the applicant's United States valid or expired passport identifying the applicant and the applicant's passport number, or presentation to the county election officer of the applicant's United States passport;
(4) the applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States bureau of citizenship and immigration services by the county election officer or the secretary of state, pursuant to 8 U.S.C. § 1373(c);
(5) other documents or methods of proof of United States citizenship issued by the federal government pursuant to the immigration and nationality act of 1952;
(6) the applicant's bureau of Indian affairs card number, tribal treaty card number or tribal enrollment number;
(7) the applicant's consular report of birth abroad of a citizen of the United States of America;
(8) the applicant's certificate of citizenship issued by the United States citizenship and immigration services;
(9) the applicant's certification of report of birth issued by the United States department of state;
(10) the applicant's American Indian card, with KIC classification, issued by the United States department of homeland security;
(11) the applicant's final adoption decree showing the applicant's name and United States birthplace;
(12) the applicant's official United States military record of service showing the applicant's place of birth in the United States; or
(13) an extract from a United States hospital record of birth created at the time of the applicant's birth indicating the applicant's place of birth in the United States.
(m) If an applicant is a United States citizen but does not have any of the documentation listed in this section as satisfactory evidence of United States citizenship, such applicant may submit any evidence that such applicant believes demonstrates the applicant's United States citizenship.
(1) Any applicant seeking an assessment of evidence under this subsection may directly contact the elections division of the secretary of state by submitting a voter registration application or form as described by this section and any supporting evidence of United States citizenship. Upon receipt of this information, the secretary of state shall notify the state election board, as established under K.S.A.
25-2203, and amendments thereto, that such application is pending.
(2) The state election board shall give the applicant an opportunity for a hearing and an opportunity to present any additional evidence to the state election board. Notice of such hearing shall be given to the applicant at least five days prior to the hearing date. An applicant shall have the opportunity to be represented by counsel at such hearing.
(3) The state election board shall assess the evidence provided by the applicant to determine whether the applicant has provided satisfactory evidence of United States citizenship. A decision of the state election board shall be determined by a majority vote of the election board.
(4) If an applicant submits an application and any supporting evidence prior to the close of registration for an election cycle, a determination by the state election board shall be issued at least five days before such election date.
(5) If the state election board finds that the evidence presented by such applicant constitutes satisfactory evidence of United States citizenship, such applicant will have met the requirements under this section to provide satisfactory evidence of United States citizenship.
(6) If the state election board finds that the evidence presented by an applicant does not constitute satisfactory evidence of United States citizenship, such applicant shall have the right to appeal such determination by the state election board by instituting an action under 8 U.S.C. § 1503. Any negative assessment of an applicant's eligibility by the state election board shall be reversed if the applicant obtains a declaratory judgment pursuant to 8 U.S.C. § 1503, demonstrating that such applicant is a national of the United States.
(n) Any person who is registered in this state on the effective date of this amendment to this section is deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship.
(o) For purposes of this section, proof of voter registration from another state is not satisfactory evidence of United States citizenship.
(p) A registered Kansas voter who moves from one residence to another within the state of Kansas or who modifies such voter's registration records for any other reason shall not be required to submit evidence of United States citizenship.
(q) If evidence of citizenship is deemed to be unsatisfactory due to an inconsistency between the document submitted as evidence and the name or sex provided on the application for registration, such applicant may sign an affidavit:
(1) Stating the inconsistency or inconsistencies related to the name or sex, and the reason therefor; and
(2) swearing under oath that, despite the inconsistency, the applicant is the individual reflected in the document provided as evidence of citizenship. However, there shall be no inconsistency between the date of birth on the document provided as evidence of citizenship and the date of birth provided on the application for registration. If such an affidavit is submitted by the applicant, the county election officer or secretary of state shall assess the eligibility of the applicant without regard to any inconsistency stated in the affidavit.
(r) All documents submitted as evidence of citizenship shall be kept confidential by the county election officer or the secretary of state and maintained as provided by Kansas record retention laws.
(s) The secretary of state may adopt rules and regulations in order to implement the provisions of this section.
(t) Nothing in this section shall prohibit an applicant from providing, or the secretary of state or county election officer from obtaining satisfactory evidence of United States citizenship, as described in subsection (l), at a different time or in a different manner than an application for registration is provided, as long as the applicant's eligibility can be adequately assessed by the secretary of state or county election officer as required by this section.
History: L. 1968, ch. 55, § 9; L. 1972, ch. 141, § 3; L. 1976, ch. 181, § 7; L. 1980, ch. 112, § 1; L. 1982, ch. 154, § 3; L. 1996, ch. 187, § 7; L. 1997, ch. 124, § 13; L. 1999, ch. 105, § 2; L. 2000, ch. 56, § 3; L. 2001, ch. 42, § 1; L. 2001, ch. 211, § 6; L. 2004, ch. 93, § 4; L. 2011, ch. 56, § 8; L. 2016, ch. 82, § 6; L. 2021, ch. 82, § 7; July 1.
All mail registration forms utilized by the county election officer shall be transmitted in envelopes in order to protect the privacy of the registrant.
History: L. 1976, ch. 181, § 13; May 8.
(a) The county election officer may request that any registered voter whose signature does not appear in registration records sign and submit a signature card on a form prescribed by the secretary of state to be included with the voter's registration records.
(b) If a county election officer determines that the reliability of the registration records require a current signature of any voter, or if a registered voter's signature becomes subject to verification by the county election officer, and a similar signature is not on file for such voter, the county election officer may request that the voter sign and submit a current signature card, on a form prescribed by the secretary of state, to be included with the voter's registration records.
History: L. 1982, ch. 154, § 5; April 29.
Unless otherwise specifically provided, whenever any notice or other official mailing is required to be mailed to a registered voter at the place of residence specified in the registration books, such notice shall be addressed to the current mailing address of that voter as it appears in the registration records and shall be sent by nonforwardable first-class mail.
History: L. 1982, ch. 154, § 6; L. 1988, ch. 120, § 1; L. 1996, ch. 187, § 8; April 25.
County election officers shall publish notice of places and dates for registration and the closing thereof before each election in a newspaper having general circulation in the county. Such notice shall also be published on the website of the county election office of any county where the election is to be conducted. Such notice shall remain on the website until the day after the registration closes. Such notice also shall give information for registration by mail. Such notice shall be given in such form and at such time or times as is specified by rules and regulations of the secretary of state.
History: L. 1968, ch. 55, § 10; L. 1976, ch. 181, § 8; L. 2023, ch. 79, § 36; July 1.
(a) County election officers shall provide for the registration 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 20 days preceding the day of primary and general elections;
(4) the 30 days preceding the day of any presidential preference primary election held pursuant to K.S.A. 25-4501a, and amendments thereto;
(5) the 20 days preceding the day of any election other than one specified in this subsection; and
(6) the day of any primary or general election or any question submitted 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 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 election.
(d) The last days before closing of registration books as directed by the secretary of state under subsection (c), 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 primary and general elections, county election officers may provide for registration of voters until 9 p.m. in any city.
(e) (1) Except as provided in paragraph (2), county election officers shall accept and process applications received by voter registration agencies and the division of motor vehicles not later than the 21st day preceding the date of any election or mailed voter registration applications that are postmarked not later than the 21st day preceding the date of any election except, if the postmark is illegible or missing, mailed voter registration applications received in the mail not later than the ninth day preceding the day of any election.
(2) For any presidential preference primary election held pursuant to K.S.A. 25-4501a, and amendments thereto, county election officers shall accept and process applications received by voter registration agencies and the division of motor vehicles not later than the 31st day preceding the date of such election or mailed voter registration applications that are postmarked not later than the 31st day preceding such election except, if the postmark is illegible or missing, mailed voter registration applications received in the mail not later than the 19th day preceding the day of such 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 and odd-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 number of registered voters in each precinct of the county as shown by the registration books in the office of such county election officer.
History: L. 1968, ch. 55, § 11; L. 1973, ch. 165, § 1; L. 1982, ch. 158, § 15; L. 1990, ch. 126, § 1; L. 1991, ch. 102, § 1; L. 1992, ch. 194, § 5; L. 1995, ch. 192, § 5; L. 1996, ch. 187, § 9; L. 1997, ch. 124, § 14; L. 2011, ch. 112, § 19; L. 2015, ch. 88, § 58; L. 2023, ch. 67, § 2; July 1.
Places of registration which are in the main office building of the county government in the case of election commissioners and in the main offices of the city government in the case of city clerks shall be open during the same business hours as any such building is open generally for business. County election officers may provide that any place of registration except a voter registration agency and division of motor vehicles offices shall be open for registration on Saturdays or for additional hours on any day or days that registration of voters may be provided.
History: L. 1968, ch. 55, § 12; L. 1996, ch. 187, § 10; April 25.
County election officers may provide for additional places of registration. Such additional places may be located other than in buildings in the event such places are determined to be suitable by the county election officer.
History: L. 1968, ch. 55, § 13; L. 1982, ch. 159, § 1; July 1.
County election officers are authorized to appoint deputy county election officers for terms which do not extend longer than the term of the appointing officer or two (2) years, whichever is the shorter period of time, except as is otherwise provided in K.S.A. 25-2303.
History: L. 1968, ch. 55, § 14; April 30.
The expenses of registration incurred under this act shall be paid by the county in all cases except expenses incurred by voter registration agencies and the division of motor vehicles, in which case such expenses shall be paid by such city or such agency. County and city governing bodies, the division of motor vehicles and voter registration agencies upon which this section imposes financial obligation shall make adequate provision to carry out the intent of this act by authorizing sufficient expenditure for both regular and temporary employees, recordkeeping methods approved by the secretary of state and such other expenditures as may be appropriate.
History: L. 1968, ch. 55, § 15; L. 1996, ch. 187, § 11; April 25.
History: L. 1968, ch. 55, § 16; L. 1972, ch. 233, § 2; L. 1973, ch. 166, § 1; L. 1975, ch. 462, § 37; Repealed, L. 1977, ch. 138, § 3; July 1.
False swearing to an affidavit to obtain a ballot is falsely swearing to an affidavit given to satisfy the requirements of subsection (a) or subsection (b) of K.S.A. 25-2316c.
False swearing to an affidavit to obtain a ballot is a class B misdemeanor.
History: L. 1973, ch. 166, § 2; L. 1977, ch. 138, § 1; July 1.
History: L. 1976, ch. 187, § 1; Repealed, L. 1977, ch. 138, § 3; July 1.
(a) When a registered voter changes name by marriage, divorce or legal proceeding, if the voter is otherwise qualified to vote at such voting place the voter shall be allowed to vote a provisional ballot at any election, or apply for an advance voting ballot, on the condition that the voter 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 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, the voter 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, the registrant shall be allowed to vote a provisional ballot at any election, or to apply for an advance voting ballot, on the condition that the 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 elections. 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, the officer shall remove the name of the 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) (A) (i) has failed to respond to the notice described in subsection (e)(1) through (e)(4); or (ii) the notice described in subsection (e)(5) is returned as undeliverable; and (B) 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;
(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; or
(5) if the registrant has no election-related activity for any four-calendar-year period. No election-related activity means that the elector has not voted, attempted to vote, requested or submitted an advance ballot application, filed an updated voter registration card, signed a petition, which is required by law to be verified by the county election officer or the secretary of state, or responded to any official election mailing transmitted by the county election office.
The confirmation notice shall be sent by forwardable mail and shall include a postage prepaid and preaddressed return card in a form prescribed by the chief state election official.
(f) (1) Except as otherwise provided by law, when a voter dies or is disqualified for voting, the registration of the voter shall be void, and the county election officer shall remove such voter's name from the registration books and the party affiliation lists.
(2) The county election officer shall remove the name of a registered voter from the registration books and the party affiliation lists in such officer's office when:
(A) An obituary notice appears in a newspaper having general circulation in the county reports the death of such registered voter;
(B) an obituary notice published online by a funeral home located in the county reports the death of such registered voter;
(C) such registered voter requests in writing that such voter's name be removed from registration;
(D) a court of competent jurisdiction orders removal of the name of such registered voter from registration lists; or
(E) the name of such registered voter appears on a list of deceased residents compiled by the secretary of health and environment as provided in K.S.A. 65-2422, and amendments thereto, appears on a copy of a death certificate provided by the secretary of health and environment or appears in information provided by the social security administration.
(3) The county election officer shall not use or permit the use of any lists of deceased residents or copies of such lists for any other purpose than as 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.
History: L. 1977, ch. 138, § 2; L. 1980, ch. 112, § 2; L. 1980, ch. 110, § 4; L. 1982, ch. 154, § 4; L. 1988, ch. 120, § 2; L. 1989, ch. 109, § 2; L. 1992, ch. 281, § 1; L. 1996, ch. 187, § 12; L. 1997, ch. 124, § 5; L. 1999, ch. 105, § 3; L. 2000, ch. 49, § 3; L. 2001, ch. 128, § 6; L. 2002, ch. 146, § 5; L. 2022, ch. 87, § 5; L. 2025, ch. 61, § 3; July 1.
History: L. 1980, ch. 112, § 3; Repealed, L. 1996, ch. 187, § 31; April 25.
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
History: L. 1980, ch. 112, § 8; July 1.
History: L. 1968, ch. 55, § 17; Repealed, L. 1973, ch. 166, § 3; July 1.
(a) The county election officer shall prepare a registration book for each voting place. Such registration books shall have entered therein, in alphabetical order, the registered voters authorized to vote at such voting place if otherwise a qualified voter.
(b) The registration book or a copy thereof for each voting place shall be certified as to its authenticity by the county election officer, and shall be delivered by the supervising judge to the voting place in time for the opening of the polls.
(c) Registration books to comply with the provisions of this section shall be in any form which has received the prior written approval of the secretary of state.
History: L. 1968, ch. 55, § 18; April 30.
At every election, one of the judges of the election board shall, as each person votes, enter on the registration book the word "voted," or some other distinguishing mark prescribed by the county election officer, on the line where such person's name appears.
History: L. 1968, ch. 55, § 19; April 30.
(a) The county election officer shall allow access to any person at any time during regular business hours, under supervision of the county election officer for the purpose of examining the voter registration books, active voter lists and other lists of voters required to be kept. Any person may make a written request for a copy of the registration books at any time except on any election day. The election officer is hereby directed to provide one or more copies which are accurate insofar as practicable of such books to the person so requesting. The election officer shall provide such copies to the person within 10 days following the request if so requested. The expense of making such copies shall be paid by the person requesting them. The cost of copies shall be established by the county election officer at a price which is not more than the actual cost and shall be set uniformly in order that the price therefor shall be the same for all persons requesting identical copies.
(b) No voter registration record shall be made available for public inspection or copying unless the individual's social security number, driver's license number, nondriver's identification card number or any part thereof, has been removed or otherwise been rendered unreadable.
History: L. 1968, ch. 55, § 20; L. 1977, ch. 139, § 1; L. 1987, ch. 127, § 1; L. 2001, ch. 42, § 2; L. 2001, ch. 211, § 7; L. 2011, ch. 56, § 9; January 1, 2012.
Use of voter registration lists for commercial purposes is knowingly selling, giving or receiving the information on or derived from voter registration lists with the intent to use such list or information for any commercial purpose.
Use of voter registration lists for commercial purposes is a class C misdemeanor. For purposes of this section, compiling, using, giving, receiving, selling or purchasing the information on or derived from voter registration lists, solely for political campaign or election purposes, shall not constitute a commercial use of voter registration lists.
History: L. 1977, ch. 139, § 2; L. 1994, ch. 190, § 3; April 21.
History: L. 1968, ch. 55, § 21; Repealed, L. 1973, ch. 166, § 3; July 1.
If the county election officer refuses to register any person who makes application therefor as provided in this act, such person may bring an action in mandamus to require such registration in the district court of the district in which the county election officer is located. The district judge may advance any such action for immediate hearing upon not less than forty-eight (48) hours notice to the county election officer.
History: L. 1968, ch. 55, § 22; L. 1976, ch. 145, § 150; January 10, 1977.
The secretary of state and deputy assistant secretaries of state may register voters on a statewide basis.
History: L. 1989, ch. 109, § 1; July 1.
The director of the division of motor vehicles shall provide a list of all permanent and temporary drivers' licenses issued to noncitizens quarterly and forward this list to the secretary of state. The list of noncitizens shall contain the names, addresses, phone numbers, social security numbers, dates of birth, alien registration numbers, temporary drivers' license numbers and expiration dates of such licenses. The secretary of state shall compare such lists with the voter registration rolls and, after an investigation, direct the county election officer to remove within five business days any names of noncitizens that appear on the voter rolls. The county election officer shall notify any person removed from the voter registration rolls that the person may be reinstated on the voter registration rolls by providing proof of their citizenship.
History: L. 2025, ch. 43, § 1; April 17.
History: L. 1992, ch. 197, § 1; Repealed, L. 1993, ch. 140, § 2; January 1, 1994.
(a) (1) Each Kansas division of motor vehicles driver's license application and nondriver identification card application (including any renewal application) submitted to a division of motor vehicles office in Kansas shall serve as an application for voter registration unless the applicant fails to sign the voter registration application. An individual who completes the application for voter registration and is otherwise eligible shall be registered to vote in accordance with the information supplied by the individual.
(2) An application for voter registration submitted under subsection (a)(1) shall be considered as updating any previous voter registration by the applicant.
(b) The voter registration section of the application:
(1) May require a second signature or other information that duplicates, or is in addition to, information in the driver's license or nondriver's identification card section of the application to prevent duplicate voter registrations, and to enable Kansas election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(2) shall include a statement that specifies each eligibility requirement for voting, contains an attestation that the applicant meets each such requirement, including citizenship, and requires the signature of the applicant, under penalty of perjury;
(3) shall include a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes;
(4) shall include a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes;
(5) shall be made available by the division of vehicles (as submitted by the applicant, or in machine-readable or other format) to the secretary of state and county election officers, as provided by rules and regulations adopted by the secretary of state; and
(6) shall be transmitted to the county election officer not later than five days after the date of acceptance.
(c) The motor vehicle driver's license and nondriver identification card form used for change of residence address shall also serve as a notification of change of residence address for voter registration for elections, unless the registrant states on the form that the change is not for voter registration purposes.
(d) The voter registration portion of the motor vehicle driver's license and nondriver identification card applications and change of address forms used shall be subject to approval by the secretary of state for purposes of voter registration under this section.
(e) Following the line fixed for the signature of the applicant on the application for voter registration, a statement shall be printed stating that the penalty for submission of a false voter registration application is a maximum presumptive sentence of 17 months in prison.
(f) The department of revenue or an employee of the department of revenue acting within the scope of the employee's employment shall not be liable for any damages resulting from any claim based on the department of revenue's transfer of any motor vehicle record information to the secretary of state that is required or permitted by law.
(g) The secretary of state is hereby authorized to adopt such rules and regulations in the manner prescribed by law as may be necessary for the administration of the provisions of this section.
History: L. 1993, ch. 140, § 1; L. 1996, ch. 187, § 14; L. 2011, ch. 56, § 10; January 1, 2012.
A registrant who has moved to a new address in the same county shall be permitted to update the voter's registration record and vote a provisional ballot at the registrant's new polling place, or at a central location determined by the county election officer.
History: L. 1996, ch. 187, § 3; April 25.
(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 information 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.
History: L. 1996, ch. 187, § 13; L. 1999, ch. 105, § 16; July 1.
The secretary of state may adopt rules and regulations to comply with the national voter registration act.
History: L. 1996, ch. 187, § 20; April 25.
Any person registered to vote for federal elections during the period from January 1, 1995, through the effective date of this act shall be deemed to be registered to vote in all elections in Kansas, if otherwise qualified, upon the effective date of this act.
History: L. 1996, ch. 187, § 22; April 25.
The secretary of state shall provide advance notice of the personal identification requirements of this act in a manner calculated to inform the public generally of the requirements for forms of personal identification as provided in this act. Such advance notice shall include, at a minimum, the use of advertisements and public service announcements in print, broadcast television, radio and cable television media, as well as the posting of information on the opening pages of the official internet websites of the secretary of state and governor.
History: L. 2011, ch. 56, § 14; January 1, 2012.
The boards of county commissioners shall designate a county office or department to provide assistance at no charge to any person applying for a birth certificate from the state registrar of vital statistics for the purpose of registering to vote. Such county departments shall transmit the necessary forms to the state registrar's office at no cost to the person applying for the birth certificate.
History: L. 2011, ch. 56, § 15; January 1, 2012.
If any provision of this act is held to be unconstitutional under the United States or Kansas constitutions, that provision shall be severed from the act, and the other provisions of this act shall remain valid and in effect.
History: L. 2011, ch. 56, § 20; January 1, 2012.
The secretary of state shall issue a press release and post a notice on the secretary of state's website notifying the public whenever the online voter registration website is unavailable for a period of 24 hours or more.
History: L. 2017, ch. 49, § 9; July 1.
(a) Each month, the secretary of state shall publish the following information on the official website of the secretary of state:
(1) The total number of registered voters in each county of this state;
(2) the total number of registered voters in each county who have been identified by the county election office as having mail that is undeliverable and the number of such registered voters as a percentage of all registered voters in the county; and
(3) the total number of registered voters for each political party.
(b) On the 10th
day prior to any election, the secretary of state shall publish the total number of registered voters in each voting precinct and include in such publication the total number of such registered voters who affiliated with each political party on the official website of the secretary of state.
History: L. 2021, ch. 96, § 4; July 1.
History: L. 1968, ch. 55, §§ 23 through 27; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1972, ch. 111, § 1; Repealed, L. 1974, ch. 157, § 27; July 1.
Corrupt political advertising is:
(a) (1) Publishing or causing to be published in a newspaper or other periodical any paid matter which expressly advocates the nomination, election or defeat of any candidate, unless such matter is followed by the word "advertisement" or the abbreviation "adv." in a separate line together with the name of the chairman of the political or other organization inserting the same or the name of the person who is responsible therefor; or
(2) broadcasting or causing to be broadcast by any radio or television station any paid matter which expressly advocates the nomination, election or defeat of any candidate, unless such matter is followed by a statement which states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the person who is responsible therefor; or
(3) publishing or causing to be published in a newspaper or other periodical any paid matter which is intended to influence the vote of any person or persons for or against any question submitted for a proposition to amend the constitution or to authorize the issuance of bonds or any other question submitted at an election, unless such matter is followed by the word "advertisement" or the abbreviation "adv." in a separate line together with the name of the chairman of the political or other organization inserting the same or the name of the person who is responsible therefor;
(4) broadcasting or causing to be broadcast by any radio or television station any paid matter which is intended to influence the vote of any person or persons for or against any question submitted for a proposition to amend the constitution or to authorize the issuance of bonds or any other question submitted at an election, unless such matter is followed by a statement which states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the person who is responsible therefor; or
(5) publishing or causing to be published any brochure, flier or other political fact sheet which is intended to influence the vote of any person or persons for or against any question submitted for a proposition to amend the constitution or to authorize the issuance of bonds or any other question submitted at an election, unless such matter is followed by a statement which states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor.
(b) Corrupt political advertising is a class C misdemeanor.
(c) For the purposes of this section, the term "expressly advocate the nomination, election or defeat of a candidate" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
History: L. 1973, ch. 173, § 1; L. 2007, ch. 196, § 3; May 24.
As used in this act, unless the context otherwise requires: (a) "Election" means any primary, general or special election of national, state, county, township, school or city officers or officers of any other subdivision of the state, or any question submitted election held at any time whether the same be upon a constitutional amendment, authority to issue bonds by the state or any subdivision thereof or any other special question whatsoever.
(b) Words and phrases defined in article 25 of chapter 25 of Kansas Statutes Annotated shall have the same meaning when used in this act as is ascribed thereto in said article.
History: L. 1974, ch. 157, § 1; July 1.
(a) Election bribery is conferring, offering or agreeing to confer, or soliciting, accepting or agreeing to accept any benefit as consideration to or from any person either to vote or withhold any person's vote, or to vote for or against any candidate or question submitted at any public election.
(b) This section shall not apply to a business or organization that provides a product of value less than $3 to any person who asserts that such person has voted, without regard to such voter's vote for or against any candidate or issue.
(c) Election bribery is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 3; L. 1993, ch. 291, § 200; L. 2015, ch. 87, § 4; July 1.
Bribery to induce signing of nomination papers is knowingly: (a) Offering any benefit, property or thing of value to any person to induce him to sign any nomination paper; or
(b) accepting any benefit, property or thing of value, as consideration for signing any nomination paper.
Bribery to induce signing of nomination papers is a class B misdemeanor.
History: L. 1974, ch. 157, § 4; July 1.
Election perjury is intentionally and knowingly falsely swearing, affirming, declaring or subscribing to any of the following: (a) Statements in answer to questions put to a person who has been challenged as unqualified to vote.
(b) Statements in answer to questions put to a witness concerning the qualifications of any person to vote.
(c) Statements contained in any affidavit which is prescribed by chapter 25 of the Kansas Statutes Annotated or any other election law of the state, or which is prescribed in any manner by the secretary of state or any county election officer under the election laws of this state.
(d) Statements in answer to questions put by a county election officer or deputy county election officer relating to application for voter registration of any person.
(e) Statements in answer to questions put by an election board member to a person asking for voter assistance because of age, visual handicap, lack of proficiency in reading the English language or physical disability.
(f) Statements of any witness at an election contest.
Election perjury is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 5; L. 1976, ch. 188, § 1; L. 1993, ch. 291, § 201; July 1.
Election forgery is: (a) Knowingly and with intent to induce official action, signing or otherwise affixing any name other than one's own name to a certificate of nomination, nomination paper or any petition under the election laws of this state;
(b) marking any other person's ballot without such person's consent; or
(c) marking any other person's ballot contrary to the directions of such person.
Election forgery is a severity level 8, nonperson felony.
History: L. 1974, ch. 157, § 6; L. 1980, ch. 113, § 1; L. 1993, ch. 291, § 202; July 1.
Disorderly election conduct is willfully: (a) Disturbing the peace in or about any voting place on election day;
(b) leaving or attempting to leave a voting place in possession of any ballot, except as is specifically permitted by law;
(c) approaching or remaining closer than three feet to any voting booth, voting machine or table being used by an election board except as admitted for the purpose of voting or by authority of the supervising judge;
(d) interrupting, hindering or obstructing any person approaching any voting place for the purpose of voting;
(e) engaging in any of the following activities within 250 feet from the entrance of a polling place during the hours the polls are open on election day:
(1) solicitation of contributions; or
(2) conduct of advisory elections other than those specifically authorized by law, including the exercise of home rule power, to be conducted by a county election officer.
Disorderly election conduct is a class B misdemeanor.
History: L. 1974, ch. 157, § 7; L. 1985, ch. 118, § 11; July 1.
Possessing false or forged election supplies is possessing any falsely made, altered, forged or counterfeit poll book, tally lists or election returns of any election in this state with the intent to hinder or prevent a fair election.
Possessing false or forged election supplies is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 8; L. 1993, ch. 291, § 203; July 1.
(a) Intimidation of voters is: (1) Intimidating, threatening, coercing or attempting to intimidate, threaten, or coerce any person for the purpose of interfering with the right of such person to vote or to vote as he may choose, or of causing such person to vote for, or not to vote for, any candidate for any office or question submitted at any election; or
(2) mailing, publishing, broadcasting, telephoning or transmitting by any means false information intended to keep one or more voters from casting a ballot or applying for or returning an advance voting ballot.
(b) Intimidation of voters is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 9; L. 2001, ch. 125, § 2; April 26.
(a) Voting without being qualified is knowingly voting or attempting to vote without being qualified:
(1) In any election district when not a lawfully registered voter in such election district; or
(2) at any election by a person who is not a citizen of the United States or who does not otherwise meet the qualifications of an elector.
(b) Voting without being qualified or attempting to vote without being qualified is a severity level 7, nonperson felony.
(c) The provisions of K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to vote without being qualified pursuant to this section.
History: L. 1974, ch. 157, § 10; L. 2015, ch. 87, § 5; July 1.
Bribery of an election official is conferring or offering or agreeing to confer any benefit, property or thing of value upon an election official with intent to influence the election official to perform the election official's duties improperly.
Bribery of an election official is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 11; L. 1993, ch. 291, § 204; July 1.
Bribe acceptance by an election official is the acceptance by an election official of any benefit, property or thing of value in consideration for improper performance of election duties.
Bribe acceptance by an election official is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 12; L. 1993, ch. 291, § 205; July 1.
Misconduct of an election officer is, while being charged with any election duty: (a) Being grossly neglectful with respect thereto.
(b) Furnishing a voter with a ballot and informing such voter that any of its contents are different from that which appear thereon with intent to induce such voter to vote contrary to such voter's inclinations.
(c) Changing the ballot of a voter.
(d) Willfully permitting any person to testify as a witness or make an affidavit contrary to law.
(e) Preventing a qualified elector from voting.
(f) Refusing to receive the vote of a qualified elector when duly offered.
Misconduct of an election officer is a class B misdemeanor.
History: L. 1974, ch. 157, § 13; July 1.
Election fraud by an election officer is, while being charged with any election duty, and with intent to hinder, prevent or defeat a fair election: (a) Receiving any vote by any person who is not a registered voter or otherwise qualified to vote.
(b) Receiving any vote offered by any person who shall have voted previously at the same election.
(c) Possessing any falsely made, altered, forged or counterfeit poll books, registration books, party affiliation lists, election abstracts or returns or any other election papers.
(d) Receiving, canvassing, counting or tallying any ballots, votes or election returns which are fraudulent, forged, counterfeited or illegal.
(e) Issuing, granting, mailing or delivering any false, fraudulent or illegal certificate of nomination or certificate of election.
(f) Declaring or otherwise proclaiming any false election result.
(g) Declaring or otherwise proclaiming any election result based upon fraudulent, fictitious or illegal votes.
(h) Entering or writing upon any poll book, registration book or party affiliation list the name of any person not qualified to vote.
(i) Entering or writing upon any poll book, registration book or party affiliation list the name of any person who has not voted when in fact such person has not voted.
Election fraud by an election officer is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 14; L. 1993, ch. 291, § 206; July 1.
Election suppression is knowingly: (a) Suppressing any certificate of nomination, nomination papers, petition for nomination or any part thereof which have been duly filed.
(b) Being in possession of any certificate of nomination, nomination papers or petition for candidacy entitled to be filed under any of the election laws of this state and suppressing, neglecting or failing to cause the same to be filed at the proper time in the proper office.
Election suppression is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 15; L. 1993, ch. 291, § 207; July 1.
(a) Voter registration suppression is knowingly: (1) Destroying any application for voter registration signed by a person pursuant to K.S.A. 25-2309, and amendments thereto; (2) obstructing the delivery of any such signed application to the county election officer or the chief state election official; or (3) failing to deliver any such application to the appropriate county election officer or the chief state election official as required by law.
(b) Voter registration suppression is a severity level 10, nonperson felony.
History: L. 2001, ch. 125, § 1; April 26.
(a) Unauthorized voting disclosure is, while being charged with any election duty, intentionally:
(1) Disclosing or exposing the contents of any ballot, whether cast in a regular or provisional manner, or the name of any voter who cast such ballot, except as ordered by a court of competent jurisdiction in an election contest pursuant to K.S.A. 25-1434 et seq., and amendments thereto; or
(2) inducing or attempting to induce any voter to show how the voter marks or has marked the voter's ballot.
(b) Nothing in this section shall prohibit the disclosure of the names of persons who have voted advance ballots.
(c) Nothing in this section shall prohibit authorized poll agents from observing elections as authorized by K.S.A. 25-3004, 25-3005 and 25-3005a, and amendments thereto.
(d) Unauthorized voting disclosure is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 16; L. 1993, ch. 291, § 208; L. 2013, ch. 101, § 1; L. 2018, ch. 87, § 2; July 1.
(a) Election tampering is:
(1) Making or changing any election record unless the person is lawfully carrying out an election duty;
(2) changing or attempting to change, alter, destroy or conceal any vote cast by paper ballot, election machine or computer;
(3) changing or attempting to change any vote by manipulating computer hardware, computer software, election machine, wireless or cellular transmission or vote tabulation methods; or
(4) knowingly producing false vote totals.
(b) Election tampering is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 17; L. 1993, ch. 291, § 209; L. 2015, ch. 87, § 6; L. 2021, ch. 97, § 4; January 1, 2022.
False impersonation as party officer is willfully and falsely representing oneself to be an officer of any political party organization or committeeman or committeewoman thereof with the intent to deceive any person or to influence in any way the outcome of any election.
False impersonation as party officer is a class A misdemeanor.
History: L. 1974, ch. 157, § 18; July 1.
Voting machine fraud is: (a) Being in unlawful or unauthorized possession of a voting machine key.
(b) Intentionally tampering with, altering, disarranging, defacing, impairing or destroying any voting machine, automatic ballot, voting machine label or register or record made by a voting machine.
Voting machine fraud is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 19; L. 1993, ch. 291, § 210; July 1.
Printing and circulating imitation ballots is knowingly printing and circulating sample or imitation ballots except the official sample ballot furnished by the county election officer.
Printing and circulating imitation ballots is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 20; L. 1993, ch. 291, § 211; July 1.
Marking ballots to identify is knowingly, in any manner or fashion marking, folding or clipping any ballot so that such ballot may be distinguished from other ballots.
Marking ballot to identify is a class A misdemeanor.
History: L. 1974, ch. 157, § 21; July 1.
Destruction of election supplies is intentionally destroying or defacing any list of candidates posted in accordance with law, card of instruction, sample ballot or any election supplies.
Destruction of election supplies is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 22; L. 1993, ch. 291, § 212; July 1.
Destruction of election papers is intentionally destroying any certificate of nomination or nomination papers or any letter of withdrawal of a candidate.
Destruction of election papers is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 23; L. 1993, ch. 291, § 213; July 1.
(a) (1) Electioneering is:
(A) Knowingly attempting to persuade or influence eligible voters to vote for or against a particular candidate, party or question submitted, including wearing, exhibiting or distributing labels, signs, posters, stickers or other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted election within any polling place on election day or advance voting site during the time period allowed by law for casting a ballot by advance voting or within a radius of 250 feet from the entrance thereof; or
(B) if committed by a candidate:
(i) Touching or handling any voter's ballot during the voting process;
(ii) distributing ballots or counting ballots;
(iii) hindering or obstructing any voter from voting or from entering and leaving the polling place; or
(iv) hindering or obstructing any election board worker from performing election duties.
(2) Electioneering shall not include bumper stickers affixed to a motor vehicle that is used to transport voters to a polling place or to an advance voting site for the purpose of voting.
(b) The provisions of subsection (a)(1)(B) shall not apply to:
(1) The secretary of state, any election official or any county election officer;
(2) a candidate for precinct committeeman or committeewoman who is employed by a county election office and is engaged in the performance of such employee's duties;
(3) a candidate for any office not specified in paragraphs (1) or (2) who is employed by a county election office and is engaged in the performance of such employee's duties, if such employee does not appear as a candidate for office on any ballot such employee touches, handles, distributes or counts; or
(4) a candidate transmitting or delivering an advance voting ballot in accordance with K.S.A. 25-2437(b), and amendments thereto.
(c) As used in this section:
(1) "Advance voting site" means the central county election office or satellite advance voting sites designated as such pursuant to K.S.A. 25-1122(c), and amendments thereto, and adult care homes and hospital based care units at the time of an election participating in the voting procedures prescribed in K.S.A. 25-2812, and amendments thereto; and
(2) "candidate" means an individual who has declared such individual's candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the individual is charged with having violated the provisions of this section.
(d) Electioneering is a class C misdemeanor.
History: L. 1974, ch. 157, § 24; L. 2001, ch. 125, § 3; L. 2008, ch. 129, § 2; L. 2021, ch. 96, § 8; L. 2022, ch. 87, § 7; July 1.
(a) False impersonation of a voter is representing oneself as another person, whether real or fictitious, and thereby voting or attempting to vote.
(b) False impersonation of a voter is a severity level 8, nonperson felony.
History: L. 1974, ch. 157, § 25; L. 1993, ch. 291, § 214; L. 2015, ch. 87, § 7; July 1.
Upon final conviction of any person of any offense specified in this act, such person shall forfeit any public office or public employment which he may hold in addition to any other penalties imposed for such offense.
History: L. 1974, ch. 157, § 26; July 1.
Advance voting suppression is knowingly, with intent to impede, obstruct or exert undue influence on the election process: (a) Destroying or altering another person's advance voting ballot applied for, or completed, by a registered voter, unless such registered voter consents in writing to such destruction or alteration;
(b) obstructing the delivery of an advance voting ballot to a voter or a completed advance voting ballot to the county election officer;
(c) failing to deliver any such advance voting ballot to the appropriate county election officer within two business days or before the close of polls on election day, whichever first occurs;
(d) exercising undue influence upon an advance voter in applying for, delivering or marking an advance voting ballot; or
(e) opening an advance voting ballot envelope sealed by the voter or examining or disclosing the contents of such voter's advance voting ballot except as required to fulfill official duties as otherwise prescribed by law.
(f) Delivering an advance voting ballot to the United States mail, with first-class postage attached, at least five calendar days prior to election day for delivery to the county election officer shall not be a violation of this section.
(g) As used in this section:
(1) "Undue influence" means coercion, compulsion or restraint as to diminish the voter's free agency, and by overcoming the power of resistance, obliges or causes such voter to adopt the will of another; and
(2) "deliver" means hand-deliver, mail or otherwise transmit an advance voting ballot.
Advance voting suppression is a severity level 9, nonperson felony.
History: L. 2007, ch. 196, § 5; May 24.
(a) Voting more than once is intentionally:
(1) Voting or attempting to vote more than once in the same jurisdiction in an election held on a particular date;
(2) voting or attempting to vote in more than one jurisdiction in the United States in an election held on a particular date;
(3) inducing or aiding any person to vote more than once in the same jurisdiction in an election held on a particular date; or
(4) inducing or aiding any person to vote in more than one jurisdiction in the United States in an election held on a particular date.
(b) Voting more than once or attempting to commit the crime of voting more than once is a severity level 7, nonperson felony.
(c) The provisions of K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of voting more than once pursuant to this section.
(d) This section shall be part of and supplemental to article 24 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2015, ch. 87, § 1; July 1.
(a) Independent authority to prosecute any person who has committed or attempted to commit any act that constitutes a Kansas elections crime defined in K.S.A. 25-1128, and amendments thereto, or article 24 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, shall be vested in:
(1) The district attorney or county attorney of the county where such act occurred;
(2) the Kansas attorney general; or
(3) the Kansas secretary of state.
(b) If one of the officers listed in subsection (a) has commenced the prosecution of a person who has committed or attempted to commit any act that constitutes a Kansas election crime, the other officers listed in subsection (a) may provide assistance to the prosecuting officer but shall not commence a separate prosecution.
History: L. 2015, ch. 87, § 2; July 1.
(a) The provisions of this section shall be known and may be cited as the transparency in revenues underwriting elections act.
(b) As used in this section:
(1) "Election official" means any county election officer or the chief state election official, as such terms are defined in K.S.A. 25-2504, and amendments thereto, and any officer or employee of such election official.
(2) "Federal government" means any branch, agency, department, office, bureau or instrumentality of the government of the United States.
(3) "Governmental agency" means the state or any agency or political subdivision or instrumentality thereof.
(4) "Person" means any individual, corporation, partnership, company, organization, political party, political committee or any other private entity.
(c) (1) No election official shall knowingly accept or expend any moneys, directly or indirectly, from any person, except as provided in any acts of appropriation or as otherwise provided by state law, for any expenditures related to conducting, funding or otherwise facilitating the administration of an election pursuant to law.
(2) No governmental agency, including, but not limited to, any election official, shall knowingly accept or expend any moneys, directly or indirectly, from the federal government, except as provided in any acts of appropriation or as otherwise provided by state law, for any expenditures related to conducting, funding or otherwise facilitating the administration of an election pursuant to law or for any election-related activities, including, but not limited to, voter registration and voter assistance. Provided that such expenditures are authorized by acts of appropriation or as otherwise provided by state law, any moneys received from the federal government shall only be expended for those purposes authorized by an act of congress appropriating such moneys. The provisions of this paragraph shall not apply to the receipt and expenditure of moneys for election security.
(d) The provisions of this section shall not apply to:
(1) Any moneys collected by an election official from the payment of fees or assessed costs as required by law; or
(2) any moneys received as campaign contributions for any candidate for the office of county clerk.
(e) A violation of this section is a severity level 9, nonperson felony.
History: L. 2021, ch. 96, § 1; L. 2025, ch. 113, § 1; May 1.
(a) No person shall knowingly transmit or deliver an advance voting ballot to the county election officer or polling place on behalf of a voter who is not such person, unless the person submits a written statement accompanying the ballot at the time of ballot delivery to the county election officer or polling place as provided in this section. Any written statement shall be transmitted or signed by both the voter and the person transmitting or delivering such ballot and shall be delivered only by such person. The statement shall be on a form prescribed by the secretary of state and shall contain:
(1) A sworn statement from the person transmitting or delivering such ballot affirming that such person has not:
(A) Exercised undue influence on the voting decision of the voter; or
(B) transmitted or delivered more than 10 advance voting ballots on behalf of other persons during the election in which the ballot is being cast; and
(2) a sworn statement by the voter affirming that:
(A) The voter has authorized such person to transmit or deliver the voter's ballot to a county election officer or polling place; and
(B) such person has not exercised undue influence on the voting decision of the voter.
(b) (1) No candidate for office shall knowingly transmit or deliver an advance voting ballot to the county election officer or polling place on behalf of a voter who is not such person, except on behalf of an immediate family member of such candidate.
(2) For purposes of this subsection, the term "candidate for office" means an individual who has declared such individual's candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the voter applied for an advance voting ballot.
(c) No person shall transmit or deliver more than 10 advance voting ballots on behalf of other voters during an election.
(d) (1) A violation of subsection (a) or (b) is a severity level 9, nonperson felony.
(2) A violation of subsection (c) is a class B misdemeanor.
History: L. 2021, ch. 96, § 2; L. 2022, ch. 87, § 6; July 1.
(a) False representation of an election official is knowingly engaging in any of the following conduct by phone, mail, email, website or other online activity or by any other means of communication while not holding a position as an election official:
(1) Representing oneself as an election official; or
(2) engaging in conduct, including, but not limited to, using an official seal or other insignia of the secretary of state or any county election office in any communication with voters, with the intent to cause a person to believe that the person engaging in such conduct is an election official.
(b) False representation of an election official is a severity level 7, nonperson felony.
(c) As used in this section, "election official" means the secretary of state, or any employee thereof, any county election commissioner or county clerk, or any employee thereof, or any other person employed by any county election office.
History: L. 2021, ch. 96, § 3; L. 2025, ch. 104, § 4; July 1.
As used in this act, the words and phrases set out in K.S.A. 25-2502 to 25-2507 shall have the meanings respectively ascribed to them unless the context requires a different meaning.
History: L. 1968, ch. 406, § 1; April 30.
(a) "General election" means the elections held on the Tuesday following the first Monday in November of both even-numbered and odd-numbered years, and in the case of an election of any officers to fill vacancies held on a date other than the Tuesday following the first Monday in November, the election at which any such officer is finally elected.
(b) "Primary election" means the elections held on the first Tuesday in August of both even-numbered and odd-numbered years and any other preliminary election held on a date other than the first Tuesday in August at which part of the candidates for election to any national, state, county, township, city, school or other municipal office are eliminated by the process of the election but at which no officer is finally elected.
(c) "Special election" means any election held on the first Tuesday after the first Monday in March of any year or on the same day as a general or primary election.
History: L. 1968, ch. 406, § 2; L. 1983, ch. 123, § 5; L. 2015, ch. 88, § 59; L. 2023, ch. 79, § 37; L. 2025, ch. 82, § 6; July 1.
(a) "National election" means the election of members of the United States house of representatives, members of the United States senate or members of the United States presidential electoral college.
(b) "State election" means the election of state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County election" means the election of such county officers as are provided by law to be elected.
(d) "City election" means the election of such city officers as are provided by law to be elected.
(e) "School election" means the election of members of the governing body of a school district or a community college.
(f) "Township election" means the election of such township officers as are provided by law to be elected.
(g) "Question submitted election" means any election at which a special question is to be voted on by the electors of the state or a part of them.
History: L. 1968, ch. 406, § 3; L. 1970, ch. 143, § 1; L. 1976, ch. 181, § 9; L. 1986, ch. 115, § 77; January 12, 1987.
"County election officer" means the election commissioner in counties having an election commissioner, and the county clerk in counties which do not have an election commissioner.
"Chief state election official" means the secretary of state.
History: L. 1968, ch. 406, § 4; L. 1996, ch. 187, § 15; April 25.
(a) "National office" or "national officer" means the office or members of the United States house of representatives, members of the United States senate and members of the United States presidential electoral college.
(b) "State office" or "state officer" means the state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County office" or "county officer" means such county officers as are provided by law to be elected.
(d) "City office" or "city officer" means such city officers as are provided by law to be elected.
(e) "School office" or "school officer" means members of the governing body of any school district or community college.
(f) "Township office" or "township officer" means the trustee, treasurer and clerk of a township.
History: L. 1968, ch. 406, § 5; L. 1974, ch. 166, § 35; L. 1976, ch. 181, § 10; L. 1986, ch. 115, § 78; January 12, 1987.
(a) "Election board" means a board consisting of any odd number of persons all of whom shall be appointed as provided in this act.
(b) "Voting place" means a place designated as provided by law for voters to vote.
(c) "Area" means territory served by one voting place and may include part or all of one or more precincts or voting districts.
History: L. 1968, ch. 406, § 6; L. 1969, ch. 193, § 1; L. 1975, ch. 213, § 1; July 1.
(a) "Poll book" means a book in which each voter may sign the voter's signature and a number is assigned by one of the clerks of the election board when the voter is given a ballot or set of ballots. If the county election officer determines that voters shall sign the poll book, such book shall also contain on each page the declaration prescribed by subsection (d).
(b) "Registration book" means:
(1) A book or list containing the names and other information relating to registered voters. Registration books shall have the names entered therein before the same or copies thereof are delivered to the supervising judges. Registration books may also contain blank lines on which each voter shall sign the voter's signature. If the county election officer determines that voters shall sign the registration book, such book shall also contain on each page the declaration prescribed by subsection (d); or
(2) a book meeting the requirements of paragraph (1), and containing:
(A) Blank lines on which each voter shall sign the voter's signature;
(B) the declaration prescribed by subsection (d) on each page of the book; and
(C) the numbers assigned by one of the clerks of the election board when voters are given ballots or sets of ballots.
(c) "Party affiliation lists" means a list containing the names of all registered voters of a county who have lawfully designated a party affiliation.
(d) "Declaration" means the following: "I, the undersigned, declare under penalty of perjury that I am a registered voter in the state of Kansas, county of ________, that I have not signed a name other than my own in order to represent myself as any other registered voter, and that I am qualified to vote and have not previously voted and will not vote again in the election held on this date, in this or any other jurisdiction in the United States, for any offices or ballot issues."
(e) "Abstract" means a list of election results for a particular precinct or district with the total votes for each candidate for elected office or the total votes for and against any constitutional amendment or question presented on the ballot.
History: L. 1968, ch. 406, § 7; L. 1972, ch. 144, § 1; L. 1994, ch. 190, § 1; L. 2004, ch. 25, § 10; L. 2015, ch. 87, § 8; L. 2023, ch. 79, § 38; July 1.
Whenever, in any statute relating to elections which was in effect prior to April 6, 1971, there is a provision fixing twenty-one (21) years as a minimum age for purposes of voting, registration, or any other purpose concerning elections, such provision shall be construed as fixing such age at eighteen (18) years.
History: L. 1972, ch. 126, § 1; March 20.
History: L. 1968, ch. 406, § 8; Repealed, L. 2023, ch. 79, § 65; July 1.
History: L. 1987, ch. 123, § 1; Repealed, L. 1990, ch. 127, § 5; April 19.
Election precincts in all counties of the state shall be established or changed by county election officers in such a manner that:
(a) Except as otherwise provided in this section, each election precinct shall be composed of contiguous and compact areas having clearly observable boundaries using visible ground features which meet the requirements of the federal bureau of the census and which coincide with census block boundaries as established by the federal bureau of the census and shall be wholly contained within any larger district from which any municipal, township or county officers are elected;
(b) election precincts for election purposes shall be designated consecutively in the county by number or name, or a combination of name and number;
(c) any municipal exclave or township enclave shall be a separate precinct and designated by a separate number or name, or combination of name and number, and shall not be identified with or as a part of any other municipal or township precinct;
(d) from and after the time that the legislature has been redistricted in 1992, precincts shall be arranged so that no precinct lies in more than one legislative district;
(e) a street or other roadway which has been platted but not graded is not a visible or observable feature for the purposes of this section; and
(f) where a legislative district boundary coincides with a municipal boundary which is changed by reason of annexation, such legislative district boundary shall be maintained as a precinct boundary until the next legislative redistricting regardless of whether such a legislative district boundary uses a visible ground feature or coincides with a census block boundary.
History: L. 1987, ch. 123, § 2; L. 1990, ch. 127, § 1; April 19.
(a) Notwithstanding any other law or provisions to the contrary, no election precinct shall be created, divided, abolished or consolidated or the boundaries thereof changed:
(1) During the period four months prior to each primary election and the succeeding general election; or
(2) between January 1 of a year the last digit of which is 0 and the time when the legislature has been redistricted in a year the last digit of which is 2, except in the following cases:
(A) If required by the creation of a political subdivision, new precincts may be created.
(B) If there is an alteration of a political subdivision by annexation, new precincts may be created.
(C) If a political subdivision annexes an area adjacent to the political subdivision boundary, the annexed area may be included in a precinct immediately adjacent to it, if the annexed area is in the same legislative district.
(D) A municipality or county election officer may establish new election precincts lying entirely within the boundaries of any existing precinct and shall designate the new precincts by name or number, or a combination of name and number, including the designated name or number of the former precinct.
(E) If required to conform and coincide with a federal census block boundary established by the federal bureau of the census, a county election officer may change precinct boundaries.
(b) When necessary to comply with the provisions of this act, not less than 45 days after the legislature has been redistricted, or by June 1 in a year the last digit of which is 2, whichever occurs first, precinct boundaries shall be reestablished.
History: L. 1987, ch. 123, § 3; L. 1990, ch. 127, § 2; L. 2023, ch. 79, § 39; July 1.
(a) Each county election officer shall provide and maintain a suitable map or maps drawn to a scale no smaller than ½ mile to the inch in incorporated places and urban areas and no smaller than two miles to the inch in rural areas and clearly delineating all major observable features such as roads, streams, and railway lines and other visible ground features which meet the requirements of the federal bureau of the census for use as census block boundaries and showing the current geographical boundaries of each election precinct, representative district and senatorial district in the county. A street or other roadway which has been platted but not graded is not a visible or observable feature for the purposes of this section. The names of the features, including municipal boundaries, which constitute the boundaries of the precincts shall be shown clearly on the map or maps. The names or designations of the precincts shall be marked on the map or maps. A word description of the geographical boundaries shall be attached to each map. Such map, with attached description, shall be a public record.
(b) Each county election officer shall send a copy of each map or maps with attached description to the secretary of state. Such copies shall be public records.
(c) The county election officer shall notify the secretary of state in writing at least 30 days before any change in a political subdivision boundary or any changes in the boundaries or the reorganization of election precincts become effective and shall furnish a copy of the map or maps showing the current geographical boundaries, designation and word description of each new election precinct. The visible ground features of changed or new precinct boundaries shown on the map or maps, if not coinciding with an existing census block as established by the federal bureau of the census, shall be documented for actual physical existence using either topographical quadrangles of the United States Geological Survey or aerial photography or a plat of the precinct boundaries certified by a licensed engineer or licensed land surveyor and clearly stating and certifying that such engineer or surveyor has personally viewed the precinct boundaries and observed the actual physical existence of the visible ground features delineating such boundaries.
History: L. 1987, ch. 123, § 4; L. 1988, ch. 121, § 1; L. 1990, ch. 127, § 3; April 19.
(a) The secretary of state shall promptly review all precinct maps submitted pursuant to K.S.A. 25-26a04, and amendments thereto, for compliance with the provisions of this act. The secretary of state shall promptly notify the appropriate county election officer as to whether or not such precinct maps are in compliance with the provisions of this act. Those precinct maps determined not to be in compliance with this act shall be rejected and returned to the appropriate county election officer with a written statement of noncompliance setting forth those instances where the map is in default. The appropriate county or city officials shall be notified forthwith of the rejection by the county election officer and shall make the required adjustments and resubmit the corrected precinct map or maps within 30 days after receiving notice of noncompliance. Notwithstanding other law to the contrary, changes in precinct boundaries shall not be effective and shall not be used for the conduct of any election until the secretary of state has determined the precinct maps are in compliance with the provisions of this act.
(b) If the initial or corrected precinct maps as required in this act are not filed by the deadlines set forth in this act, the secretary of state is hereby authorized and required to establish where necessary appropriate precinct boundaries in compliance with the provisions of this act, notwithstanding other law to the contrary providing or establishing authority for any county or city official to establish precinct boundaries. The secretary of state will notify the appropriate county election officer of any precincts established under the provisions of this subsection, and the county election officer immediately shall notify the appropriate city or county officials who shall forthwith adopt as the official precincts those precincts established by the secretary of state.
History: L. 1987, ch. 123, § 5; L. 1990, ch. 127, § 4; April 19.
(a) (1) The county election officer shall determine the area to be served by each voting place at every election and shall provide notice of such voting places as required by law. At the discretion of the county election officer, all voters within a county may be allowed to vote at any polling location on election day, provided all rules and regulations are followed as established by the secretary of state for such purpose.
(2) Any precinct having less than 20 registered voters shall be included with an adjacent precinct or precincts in a single area to be served by a common voting place. The location of voting places shall be designated by the county election officer as provided by K.S.A. 25-2703, and amendments thereto.
(b) For any election to which this section is applicable, wherever a city is located in two counties, the county election officer of the county in which the greater population of the city is located may designate a voting place located in a portion of the city in the other county to serve an area within that portion of the city within the county in which the greater population of the city is located.
(c) At voting places serving two or more precincts, one or more of which have less than 20 registered voters, all ballots which are identical shall be deposited in the same ballot box or boxes and such votes shall be counted and canvassed in a manner as to minimize the possibility of identifying the ballots cast by any voter.
(d) (1) The county election officer may not change a voting place prior to an election without providing mailed notice to the voters affected at least 30 days prior to the election. If an emergency is declared by the county election officer, the mailed notice requirement shall be waived.
(2) Failure to receive notice of a change in the voting place shall not give rise to a cause of action challenging the results of the election.
History: L. 1968, ch. 406, § 15; L. 1977, ch. 140, § 1; L. 1991, ch. 103, § 1; L. 2017, ch. 49, § 8; L. 2019, ch. 36, § 2; April 25.
The county election officer may establish more than one precinct in any township or divide any township into precincts. Such division shall be made by a declaration made at least 90 days before any county or state primary or general election. Notice of such division, showing the boundaries of each precinct, shall be published once each week for three consecutive weeks in a newspaper of general circulation in the county in which such township is located. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. A division once made shall remain the same until changed by subsequent declaration and publication notice as herein required. Upon making such division into precincts, the county election officer shall designate the boundaries of each precinct. A voter shall not be eligible to vote at any national, state, county or township election in any voting area other than the one in which such voter resides.
History: R.S. 1923, 25-103; L. 1927, ch. 200, § 1; L. 1937, ch. 223, § 1; L. 1961, ch. 197, § 2; L. 1968, ch. 406, § 60; L. 1970, ch. 144, § 1; L. 1977, ch. 141, § 1; L. 2023, ch. 79, § 40; July 1.
Whenever a ward or township is not divided into more than one voting precinct, the entire undivided ward or township shall constitute a "precinct" as that term is used in all laws relating to elections.
History: L. 1971, ch. 133, § 1; March 5.
The county election officers shall provide suitable voting places in which to hold all national, state, county, township, city and school primary and general elections, question submitted elections and other public elections. County election officers shall arrange for voting places to be warmed, lighted, and furnished with proper supplies and conveniences, including a sufficient number of booths, shelves and pencils, to enable the voters to prepare their ballots, screened from observation. Voting booths shall be in plain view of the receiving board, and both they and the ballot boxes shall be in plain view of electors waiting to vote. Each booth shall be designed so as to protect the privacy of the voter. Booths shall be well lighted.
No person other than judges, clerks and other election officers allowed by law, and those admitted for the purpose of voting, shall be permitted within three feet of the voting booths, of voting machines where they are used, or of any table being used by the election board, except by the authority of the supervising judge. Voting booths shall be deposited with the county election officer between elections.
History: L. 1893, ch. 78, § 20; L. 1897, ch. 129, § 20; R.S. 1923, 25-402; L. 1961, ch. 197, § 5; L. 1968, ch. 406, § 100; L. 1971, ch. 134, § 1; L. 1973, ch. 168, § 1; L. 1981, ch. 169, § 1; L. 1994, ch. 26, § 1; March 24.
(a) All unified school districts shall make suitable school buildings available for polling places at the request of a county election officer for the county in which all or any portion of the school district is located.
(b) The county election officer shall give notice on or before January 1 of each year to the superintendent of the school district of the need to use one or more school buildings as polling places for any primary or general election.
(c) The terms "primary election" and "general election" shall have the meanings as provided in K.S.A. 25-2502, and amendments thereto.
History: L. 2015, ch. 88, § 13; July 1.
(a) The county election officer shall provide ballot boxes for each voting place. The secretary of state may adopt rules and regulations authorizing, in certain cases, additional or fewer ballot boxes than specified in subsection (b) to be supplied.
(b) Unless otherwise provided by rules and regulations adopted by the secretary of state, a separate ballot box shall be provided for each of the types of ballots named in the following list, if such ballots are to be voted at the election:
(1) A box for "national and state ballots";
(2) a box for "county and township ballots";
(3) a box for "judicial ballots";
(4) a box for "city ballots";
(5) a box for "school ballots";
(6) a box for "ballots for constitutional amendments"; and
(7) a box for "questions submitted."
(c) Each ballot box shall be labeled according to its appropriate designation as set out in subsection (b).
(d) The provisions of this section shall only apply to elections conducted in counties that do not use tabulators or optical scanners to count votes.
History: L. 1968, ch. 406, § 19; L. 1969, ch. 193, § 5; L. 2023, ch. 79, § 41; July 1.
(a) At the time a voting place is opened, the supervising judge shall cause the ballot boxes to be opened in the presence of people there assembled. The ballot boxes shall be turned upside down so as to empty such boxes of everything therein. Each ballot box shall then be locked securely and shall not be opened again until opened for the purpose of canvassing.
(b) The provisions of this section shall only apply to elections conducted in counties that do not use tabulators or optical scanners to count votes.
History: L. 1968, ch. 406, § 20; L. 2023, ch. 79, § 42; July 1.
(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 officers 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 duties of such officers and the law governing elections.
(c) (1) The county election officer shall furnish and publish on the website of the county election office:
(A) Printed instructions to voters;
(B) a list of voters' rights and responsibilities;
(C) a sample ballot;
(D) notification of the date of the election; and
(E) the polling place hours.
(2) Each of the items in paragraph (1) shall be posted in every voting place at every election.
(3) Wherever the secretary of state deems it advisable, all items listed in paragraph (1) 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 instructions to voters, list of voters' rights and responsibilities and instructions 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.
History: L. 1968, ch. 406, § 38; L. 1973, ch. 169, § 1; L. 2002, ch. 146, § 4; L. 2004, ch. 25, § 11; L. 2023, ch. 79, § 43; July 1.
When election supplies, including ballots and poll books, are delivered by the county election officer to a supervising judge, a record shall be made thereof and the same shall be receipted. When the items provided by law to be returned by the supervising judge to the election officer are so returned, a record thereof shall be made by the election officer and a receipt therefor shall be given the supervising judge. The secretary of state may adopt rules and regulations prescribing the manner and form in which records and receipts required by this section are to be given, taken and maintained.
History: L. 1968, ch. 406, § 39; April 30.
(a) The county election officer shall preserve all ballots, books and records delivered to such officer by election boards and make the same available to any canvassing board or election court who it is provided by law shall have access to the same.
(b) The county election officer shall preserve all county, city, school district and township ballots for six months and all state and national ballots for 22 months. At the expiration of such time, the county election officer shall destroy them without previously opening any of the envelopes, in the presence of two electors of approved integrity and good repute, members of the two leading political parties. Such electors shall be designated by the board of county commissioners. If the election of any officer or any question submitted at such time is being contested, the ballots shall not be destroyed until such contest is finally decided. In all cases of contested elections, either of the parties contesting shall have the right to have such ballots opened and to have all errors of the judges in counting the ballots corrected by the court or body trying such contest. Such ballots shall be opened in open court or in an open session of such body and the presence of the officer having the custody thereof.
(c) The three copies of the certified abstract of each voting place and the three copies of all certified abstracts of the county board of canvassers shall be distributed as follows:
(1) One copy shall be retained as a permanent record in the office of the county election officer.
(2) One copy shall be delivered to the chairperson of the county committee of the political party of the candidate for governor who received the greatest number of votes in the last state general election.
(3) One copy shall be delivered to the chairperson of the county committee of the political party of the candidate for governor who received the second greatest number of votes in the last state general election.
(d) Other election supplies, books, records, lists and papers shall be destroyed as provided by law.
History: L. 1968, ch. 406, § 40; L. 1974, ch. 106, § 5; L. 1988, ch. 122, § 1; L. 1989, ch. 108, § 4; July 1.
The following election records may be destroyed after they have been on file for the period stated:
(1) Appointments and oaths of office of election board members, two years.
(2) Registration lists, five years.
(3) Poll books, five years.
(4) Party affiliation lists, five years.
(5) Abstracts of voting records, 20 years.
(6) Affidavits required to be filed by the election laws of the state of Kansas, including advance voting and mail ballot envelopes containing voters' declarations, two years.
(7) All other election records used at polling places, two years.
(8) Declination forms maintained by voter registration agencies and the division of motor vehicles, two years.
(9) Confirmation notices, two years.
(10) Confirmation responses, two years.
History: L. 1974, ch. 106, § 8; L. 1993, ch. 287, § 7; L. 1995, ch. 192, § 44; L. 1996, ch. 187, § 16; April 25.
On any day upon which an election is held, all polling places shall be accessible by either permanent or temporary means to any voter having a disability.
History: L. 1977, ch. 128, § 1; L. 2004, ch. 93, § 5; July 1.
No city or county shall regulate or prohibit the placement of or the number of political signs on private property or the unpaved right-of-way for city streets or county roads on private property during the 45-day period prior to any election and the two-day period following any such election. Cities and counties may regulate the size and a set-back distance for the placement of signs so as not to impede sight lines or sight distance for safety reasons.
History: L. 2015, ch. 85, § 15; July 1.
No city or county shall regulate or prohibit canvassing, polling, soliciting or otherwise approaching private residences for the purpose of distributing campaign literature or campaigning for a candidate for an elected office.
History: L. 2016, ch. 55, § 1; July 1.
(a) The secretary of state, in consultation with county election officers, shall develop an affidavit system to be utilized for the transfer of ballots. Each person who transfers ballots for a county election office shall be required to sign an affidavit listing, if applicable, the:
(1) Number of blank ballots;
(2) number of spoiled ballots;
(3) number of provisional ballots;
(4) number of counted ballots;
(5) number of advanced ballots in envelopes;
(6) name of the person to whom such ballots were delivered; and
(7) location of where the ballots were delivered.
(b) The affidavit system developed under this section shall apply to all ballots delivered, collected and transferred by county election offices prior to, on and after the date of an election and shall operate in conjunction with the provisions of K.S.A. 25-2707, 25-2708 and 25-2709, and amendments thereto, regarding transporting, preserving and destroying ballots and election records.
(c) (1) It shall be a violation of this section to alter any information provided in an affidavit or provide false information in an affidavit with the intent to hinder, prevent or defeat a fair election.
(2) A violation of this section is a severity level 9, nonperson felony.
History: L. 2022, ch. 87, § 1; July 1.
All election board judges and clerks shall be appointed by the county election officer and shall be subject to his direction and supervision. If practicable, not less than ten (10) days prior to the day of any election, the county election officer shall appoint the judges and clerks for the election boards for such election. Thereupon, the county election officer shall notify such persons in writing of their appointment, and file in his office a written statement of such appointments. Such notifications and statements shall be in a form approved by the secretary of state.
History: L. 1968, ch. 406, § 9; April 30.
Of the members of any election board, not including the supervising judge, not more than one-half of the clerks shall be of the same political party, and not more than one-half of the judges shall be of the same political party, except in the case of a three-member election board. In the case of a three-member election board, the members thereof, excluding the supervising judge, shall be of different political parties. The provisions of this section shall not apply if the officers of political organizations required to make recommendations for such appointees fail to so recommend, or if the persons so recommended fail or refuse to qualify or serve.
History: L. 1968, ch. 406, § 10; L. 1969, ch. 193, § 2; July 1.
(a) The county chairman of each of the central committees of the political parties that polled the largest and second largest number of votes in the state at the last state election for the office of governor shall recommend, excluding the supervising judge, one-half of the persons required for judges of each election board and one-half of the persons required for clerks of each election board. In the event that the election board is to have three members, each such county chairman shall recommend one person for each board. Such recommendations shall be made in writing and shall be delivered to the county election officer, if practicable, not less than thirty (30) days prior to the day of any primary or general election to which they apply and not less than fifteen (15) days prior to the day of any special election.
(b) The county election officer shall appoint the persons recommended as provided in this section if such persons can qualify and if such recommendations are timely.
(c) The supervising judge or one other judge shall be appointed by the county election officer upon his independent selection.
(d) The county election officer shall designate and appoint one judge to be the supervising judge at each voting place. The supervising judge shall be appointed from among, and not in addition to, those judges appointed to each election board.
(e) Recommendations made under subsection (a) of this section and appointments in accordance therewith shall, in the case of any area which includes a city divided by a county line, specify at least one person from that portion of the area located within each such county to serve upon the election board of the voting place serving that area, if such persons are available to be recommended. In such cases the county election officer of the county in which the smaller portion of any such city is located shall designate those persons to be so appointed from the portion of the city in his county. Such designation shall be transmitted to the county election officer conducting elections and shall be appointed by him. In the event of any dispute arising under this subsection, the same may be submitted by either county election officer to the secretary of state for determination, and such determination shall be final. The provisions of this subsection shall apply to all elections conducted by any county election officer.
History: L. 1968, ch. 406, § 11; L. 1969, ch. 193, § 3; L. 1970, ch. 145, § 1; March 21.
(a) Each person recommended as provided in K.S.A. 25-2803(a), and amendments thereto, shall be a citizen of the United States and live within the state of Kansas.
(b) All judges and clerks shall be a citizen of the United States and live within the state of Kansas. No judge or clerk shall be a candidate for any office, other than the office of precinct committeeman or precinct committeewoman, to be elected at such election. The county election officer may appoint persons who are at least 16 years of age to serve as election judges or clerks if such persons meet all other requirements and have a letter of recommendation from a school teacher, counselor or administrator. No more than 1/3 of the persons appointed to each election board may be under the age of 18.
(c) The county election officer may establish a pool of trained judges and clerks who shall be recommended by the county chairpersons specified in K.S.A. 25-2803(a), and amendments thereto. Judges and clerks in such pool may serve at voting places other than their own if:
(1) The chairpersons specified in K.S.A. 25-2803(a), and amendments thereto, or either of them, have failed to make appropriate recommendations;
(2) it is impossible to obtain judges and clerks for a voting place in any other way; or
(3) voting machines are used, in which case the third judge, who shall be trained in the use of voting machines, need not necessarily live in the area of the voting place.
(d) Any judge or clerk serving in a voting place not located in the area in which such judge or clerk resides or serving on a special election board established under K.S.A. 25-1133(c), and amendments thereto, shall be allowed to vote an advance voting ballot in accordance with the provisions of K.S.A. 25-1119, and amendments thereto, or shall be excused from duties as such judge or clerk to vote at the voting place in the area where such judge or clerk resides.
History: L. 1968, ch. 406, § 12; L. 1973, ch. 170, § 1; L. 1976, ch. 181, § 11; L. 1981, ch. 167, § 2; L. 1995, ch. 192, § 45; L. 2000, ch. 50, § 1; L. 2015, ch. 88, § 60; L. 2025, ch. 61, § 4; July 1.
(a) No county election officer shall disqualify an individual from serving as a poll worker at any election on the basis of residency or registered voter status if such individual is a citizen of the United States and an active military member or the spouse or other dependent of an active military member.
(b) Nothing in this section shall be construed to limit or otherwise restrict any poll worker qualifications based on the age of the individual, except as provided in K.S.A. 25-2804, and amendments thereto.
(c) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.
History: L. 2025, ch. 61, § 1; July 1.
If any judges or clerks shall fail or refuse to appear and serve at the proper time and place, or for any cause are or become disqualified, then the electors present shall promptly notify the county election officer thereof. The county election officer shall appoint such person as such officer may select to fill any such vacancy.
History: L. 1968, ch. 406, § 13; L. 2023, ch. 79, § 44; July 1.
The county election officer shall provide instruction for election board judges and clerks before each election. The instruction shall relate to all matters which in the opinion of the county election officer require additional knowledge, explanation to, or training of such judges relating to elections generally, voting machines, ballots or duties in connection with any of the foregoing.
History: L. 1968, ch. 406, § 123; L. 2004, ch. 25, § 12; July 1.
(a) Before commencing duties as a judge or clerk, every person shall take and subscribe the oath or affirmation provided for herein. Such oath or affirmation may be administered by the county election officer, deputy county election officer or any judge who has already taken such oath or affirmation. The officer administering the oath or affirmation shall examine the person as to fitness to serve as judge or clerk.
(b) Each oath or affirmation so subscribed shall be delivered to the county election officer not later than the day following the election and shall be retained in his office until disposed of as provided by law.
(c) The oath or affirmation herein provided shall be to discharge the duties of judge or clerk at such election faithfully, honestly and according to law. The form of such oath or affirmation shall be prescribed by the secretary of state.
History: L. 1968, ch. 406, § 14; April 30.
(a) Except as otherwise provided in subsection (b), the county election officer shall determine for each election, for each voting place, whether the election board thereof will have three members or some greater number of members.
(b) The county election officer may appoint an election board of two members for any precinct having less then 50 registered voters and in which the voting place is located more than 10 miles from any other voting place. Such members shall not be members of the same political party. In the event of an emergency or if one of the members of the election board is unable to complete the duties prescribed by law, the county election officer shall be informed and the member of the election board shall be replaced immediately. If at anytime one of the board members shall leave the room where the ballots are kept, a note describing the time, situation and number of voted ballots, or if applicable, the vote which has been counted, shall be written in the registration book. The time that such second member of the election board returns shall be written in the registration book and the note signed by both board members. If at any time both members of the election board leave the room, a notation to that effect shall be made in the registration book and the ballots secured against tampering.
History: L. 1968, ch. 406, § 16; L. 1969, ch. 193, § 4; L. 1992, ch. 6, § 3; L. 1994, ch. 26, § 2; L. 1995, ch. 192, § 51; July 1.
History: L. 1968, ch. 406, § 17; Repealed, L. 1969, ch. 193, § 7; July 1.
(a) Each election board shall have control of its voting place and election procedure under the sole supervision of the secretary of state, county election officer, deputy county election officers and the supervising judge. The election board shall open the polls at the time specified by the county election officer. The judges shall have charge of the ballots and the supervising judge shall designate one of their number to furnish them to voters as provided by law.
(b) Any election board of five or more members may be divided by the county election officer into a receiving board and a counting board, and the receiving board shall furnish and receive ballots and record the names of voters. The receiving board shall have control of the voting place and election procedure under the sole supervision and direction of the secretary of state, county election officer, deputy county election officers, and the supervising judge. The receiving board shall open and close the polls at the time specified by the county election officer.
(c) The counting board or boards, if any, shall proceed to their voting place after the opening of the polls at the hour specified by the county election officer.
(d) At national and state elections, both primary and general, the counting board, if any, shall take charge of one of the ballot boxes containing the national and state ballots already cast in that precinct. It shall retire to a partitioned room or space in the voting place provided for that purpose and there proceed to count and tabulate the ballots cast as it shall find them deposited in the national and state ballot box. The receiving board shall continue to receive the votes of electors in another national and state ballot box, and in a county and township ballot box until such time as the counting board shall have finished counting and tabulating the ballots cast in the first national and state ballot box. They shall then exchange the first box for the second national and state box, and so continue until they have counted and tabulated all the votes cast on that election day in the national and state ballot boxes. Counting boards may, in like manner, count the ballots in other ballot boxes when only an unsubstantial number of national and state ballots have been cast and are uncounted, and likewise at elections where there are no national and state ballots. Prior to the closing of the polls, no ballots shall be counted from any ballot box containing less than 50 ballots. No result of the count shall be made known to any person not on the election board, except the county election officer or such officer's deputies, until after the time to close the polls.
(e) At city and school elections, both primary and general, the counting board, if any, shall take charge of a ballot box containing one kind of ballot. Such board shall then proceed, as in national and state elections, to count and tabulate the ballots cast. When the ballots in such ballot box have been counted, the box shall be exchanged for another ballot box and so continue until all of the ballots of every kind are counted and tabulated.
(f) When the hour arrives for closing the polls, the election board, including both the receiving and counting boards if any, shall continue in the work of counting, tabulating and summarizing the votes, and making their certificates as to the result of the election.
(g) All of the judges and clerks at the same voting place on duty when the polls close shall unite in certifying the election results as provided in K.S.A. 25-3006, and amendments thereto.
(h) (1) In accordance with rules and regulations adopted by the secretary of state, the county election officer may allocate staffing resources as needed at the voting place except that two members of the election board, one of which is the supervising judge, shall be on duty for the entire time the polls are open.
(2) The secretary of state may adopt rules and regulations to implement the provisions of this section.
History: L. 1968, ch. 406, § 18; L. 1969, ch. 193, § 6; L. 1975, ch. 204, § 7; L. 1991, ch. 103, § 2; L. 1995, ch. 192, § 52; L. 2007, ch. 125, § 6; July 1.
Judges and clerks of election shall receive the following fees and no more:
(a) Each judge and clerk of election where voting machines are not in use shall receive as compensation an amount to be fixed by resolution of the board of county commissioners which shall not be less than $3 per hour for each hour of work as a judge or clerk of an election.
(b) Judges and clerks of election where voting machines are used shall receive for their services an amount to be fixed by resolution of the board of county commissioners which shall not be less than the sum of $40 per day.
(c) In addition to other compensation authorized under subsections (a) and (b), the supervising judge shall receive the sum of not less than $2 and the mileage allowance established pursuant to K.S.A. 75-3203a, and amendments thereto, for each mile necessarily traveled in the course of such service.
(d) Any judge or clerk of an election may, upon written consent, decline to accept compensation for work as a judge or clerk of an election.
History: R.S. 1923, 25-427; L. 1941, ch. 228, § 1; L. 1949, ch. 253, § 1; L. 1959, ch. 176, § 1; L. 1961, ch. 202, § 1; L. 1968, ch. 406, § 103; L. 1973, ch. 171, § 1; L. 1975, ch. 204, § 8; L. 1976, ch. 380, § 2; L. 1985, ch. 123, § 1; L. 1992, ch. 6, § 4; February 27.
(a) Not less than 60 days before any election, the county election officer may contact the administrator or operator at each nursing facility, assisted living facility and hospital-based long-term care unit to request that the registered voters in such facility be offered the opportunity to vote in such election according to the procedures outlined in this section. If the administrator or operator of the facility agrees, the county election officer and the administrator or operator shall establish a date, mutually agreed upon, for such voting to take place. The provisions of this section shall not apply to mail ballot elections conducted pursuant to K.S.A. 25-431 et seq., and amendments thereto.
(b) The county election officer shall appoint a special election board of two or more members to administer ballots to registered voters who are residents of any facility designated in subsection (a) and that has agreed to participate. The members of such special election board shall be appointed and trained by the county election officer in the same manner as members of election boards serving in polling places on election day. The members of a special election board shall possess the qualifications of registered voters in Kansas and in the county where such members serve and shall subscribe the oath prescribed by law. The members of the board shall not all be affiliated with the same political party, to the extent practicable, and shall not be candidates for any offices, other than the offices of precinct committeemen or precinct committeewomen, to be elected in the election at which such members serve.
(c) The special election board shall, to the extent practicable, follow advance voting procedures as provided for by law. All persons who are registered voters of the county and who are current residents of the facility may request a ballot from the special election board. In the case of a voter who has applied for and received permanent advance voting status pursuant to K.S.A. 25-1122(h), and amendments thereto, the special election board may deliver such voter's ballot to the voter instead of mailing the ballot as required by K.S.A. 25-1123, and amendments thereto. Any voter may receive assistance from a member of the special board or from a person of such voter's choice. Any person rendering assistance to a voter shall sign a written statement as provided for in K.S.A. 25-1124(e), and amendments thereto, and shall file such statement with the special board or with the county election officer.
(d) The special election board shall ensure that the privacy of each voter is preserved and shall cause each voter's ballot to be sealed in an envelope or deposited in a locked ballot box. In cases where electronic or electromechanical voting systems are used, the special election board shall ensure that the voting equipment is secured from tampering and unauthorized access. At the conclusion of the voting process at a facility, the ballots, voting equipment, voting records and materials shall be returned to the county election officer. All the members of the special election board shall certify the receipt and return of the ballots, voting equipment, voting records and materials.
(e) The county election officer shall ensure that the ballots received from any such special election board shall be tabulated according to procedures established by law for the tabulation of advance voting ballots and shall ensure that the tabulated returns are included with other official election returns and presented to the county board of canvassers for the canvass as provided by law. Any ballot cast by a voter pursuant to this section may be challenged in the same manner as other ballots are challenged.
(f) The county election officer shall ensure that mobile voting sites established under this act are clearly posted as such during the hours voting is allowed.
(g) (1) For the purposes of this section, the term:
(A) "Assisted living facility" means the same as defined in K.S.A. 39-923, and amendments thereto.
(B) "Hospital-based long-term care unit" means a unit that provides physician services and continuous nursing supervision for patients who:
(i) Are not in an acute phase of illness; and
(ii) currently require nursing care that is primarily of a convalescent, restorative or long-term nature. Long-term care unit also includes medicare-certified, distinct-part long-term care units.
(C) "Nursing facility" means the same as defined in K.S.A. 39-923, and amendments thereto.
History: L. 2008, ch. 129, § 1; L. 2023, ch. 79, § 45; July 1.
When a voter receives a ballot, or set of ballots, such voter shall go promptly and directly to one of the voting booths and mark the ballots therein. No voter shall be allowed to occupy a booth already occupied by another voter. No voter shall be allowed to occupy a booth more than 10 minutes if other voters are waiting to occupy the same. The voter shall mark the ballot by making a cross or check mark in the voting squares at the left of the names of candidates.
History: L. 1968, ch. 406, § 21; L. 1975, ch. 204, § 10; L. 1978, ch. 137, § 11; L. 1993, ch. 287, § 8; L. 2015, ch. 88, § 61; July 1.
(a) It shall be unlawful to make any mark upon a ballot except a cross or check mark in a voting square opposite the name of a person for whom the voter desires to vote. It shall be unlawful to deface or tear a ballot or to erase any printed figure or letter thereon. It shall be unlawful for any person other than the voter to erase any mark or name written on a ballot by a voter.
(b) If a voter tears, defaces or wrongfully marks a ballot, the voter shall return it to the election board and receive a new ballot or set of ballots. The voter may successively obtain additional ballots or sets of ballots (but not more than one ballot or set of ballots at a time), but no voter shall be provided more than three sets in all.
(c) In all elections in which printed paper ballots are utilized, there shall be printed on the ballot and posted in each polling place a notice containing the following information and in substantially the following form:
Notice
If you tear, deface or make a mistake and wrongfully mark any ballot, you must return it to the election board and receive a new ballot or set of ballots.
History: L. 1968, ch. 406, § 25; L. 1978, ch. 137, § 12; L. 1992, ch. 291, § 10; July 1.
Except as otherwise provided by law, if a voter desires to vote for a person whose name is not on the ballot, the voter shall write the name of such person in the blank space, if any is provided, under the appropriate title of the office. If no blank space is provided for writing in the name of a person whose name is not on the ballot, voters may not vote for any person whose name is not on the ballot.
History: L. 1968, ch. 406, § 26; L. 1976, ch. 189, § 1; L. 1978, ch. 137, § 13; L. 1993, ch. 287, § 9; L. 2023, ch. 79, § 2; July 1.
Except as otherwise provided by law, ballots on constitutional amendments or other questions submitted shall be marked by the voter by making a cross or check mark in the square to the left of either "yes" or "no."
History: L. 1968, ch. 406, § 27; L. 1978, ch. 137, § 14; L. 1993, ch. 287, § 10; July 1.
(a) If not already folded, the election board shall fold each ballot before handing the same to a voter. If more than one ballot is to be handed to a voter, the ballots in the set shall be folded separately. Ballots shall be folded so that the names of candidates are concealed and the printed endorsement and ballot number are on the outside of the folded ballot. Before leaving the voting booth, the voter shall refold each of such voter's ballots separately in the manner received and so that the names of candidates and marks on the ballot are concealed. Upon leaving the booth, the voter shall deliver the ballot or set of ballots to one of the judges, who shall promptly and in the presence of the voter and of the election board, properly clip the number therefrom and deposit the ballots in their respective ballot boxes.
(b) The provisions of this section shall only apply to elections conducted in counties that do not use tabulators or optical scanners to count votes.
History: L. 1968, ch. 406, § 28; L. 2023, ch. 79, § 46; July 1.
(a) No ballots other than those provided and printed in accordance with law shall be delivered to a voter, deposited in a ballot box or counted.
(b) Ballots that are counted (notwithstanding objections made thereto) shall be marked "objected to" on the back thereof, and a memorandum stating how such ballot was counted shall be written on the back thereof and be signed by two judges.
History: L. 1968, ch. 406, § 34; April 30.
No person shall take or remove any ballot from a voting place except the supervising judge. Any voter who, after receiving a ballot or set of ballots, decides not to vote one or more of such ballots, shall, before leaving the voting place, so notify the election board and surrender to it all the ballots which have been given to him. A refusal or failure to so surrender such ballots shall be unlawful and shall subject the person so offending to immediate arrest and the penalties provided by law for such offenses.
History: L. 1968, ch. 406, § 29; April 30.
(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 25-2507(b)(1), and amendments thereto; or (2) a registration book, as defined in K.S.A. 25-2507(b)(2), and amendments thereto. The county election officer shall determine which books are used in each county, and which book voters shall sign.
(b) A person desiring to vote shall provide to the election board: (1) The voter's name; (2) if required, the voter's address; (3) the voter's signature on the registration or poll book; and (4) a valid form of identification listed in subsection (h). A signature may be made by mark, initials, typewriter, print, stamp, symbol or any other manner if by placing the signature on the document the person intends the signature to be binding. A signature may be made by another person at the voter's direction if the signature reflects such voter's intention.
(c) A member of the election board shall:
(1) Announce the voter's 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 registration record shall repeat the name;
(2) request the voter's signature on the registration or poll book;
(3) provide the required signature at the request of and on behalf of any voter who is unable to personally affix a signature by reason of temporary illness or disability, or lack of proficiency in reading the English language;
(4) request a valid form of identification from the voter. If the member of the election board is satisfied that the voter is the person depicted in the identification and that the identification provided is one of the valid forms of identification listed in subsection (h), the member of the election board shall place such member's initials in the space provided and allow the voter to vote;
(5) give the voter one ballot, on the upper right-hand corner of which shall be written the number corresponding to the voter's number in the registration book or poll book; and
(6) mark the voter's name in the registration book and party affiliation list.
(d) If a voter is unable or refuses to provide current and valid identification, the voter may vote a provisional ballot pursuant to K.S.A. 25-409, and amendments thereto. If the voter's name and address do not match the voter's name and address on the registration book or poll book, the voter may vote a provisional ballot according to K.S.A. 25-409, and amendments thereto. The voter shall provide a valid form of identification as defined in subsection (h) to the county election officer in person or provide a copy by mail or electronic means before the meeting of the county board of canvassers. At the meeting of the county board of canvassers the county election officer shall present copies of identification received from provisional voters and the corresponding provisional ballots. If the county board of canvassers determines that a voter's identification is valid and the provisional ballot was properly cast, the ballot shall be counted.
(e) 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 amendments thereto. During the pendency of a challenge other voters shall be given ballots and be permitted to vote.
(f) A voter who has received an advance voting ballot may vote a provisional ballot on election day at the precinct polling place where the voter resides. If the voter 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. Any such provisional ballot shall be counted only if the county board of canvassers determines that the provisional ballot was properly cast and the voter has not otherwise voted at such election.
(g) The secretary of state may adopt rules and regulations in order to implement the provisions of this section and define valid forms of identification with greater specificity, however the requirement that a voter must provide a form of identification that complies with subsection (h) may not be altered.
(h) (1) The following forms of identification shall be valid if the identification contains the name and photograph of the voter and has not expired. Expired documents shall be valid if the bearer of the document is 65 years of age or older:
(A) A driver's license issued by Kansas or by another state or district of the United States;
(B) a state identification card issued by Kansas or by another state or district of the United States;
(C) a concealed carry of handgun license issued by Kansas or a concealed carry of handgun or weapon license issued by another state or district of the United States;
(D) a United States passport;
(E) an employee badge issued by a municipal, county, state, or federal government office or agency;
(F) a military identification document issued by the United States;
(G) a student identification card issued by an accredited postsecondary institution of education in the state of Kansas;
(H) a public assistance identification card issued by a municipal, county, state, or federal government office or agency; or
(I) an identification card issued by an Indian tribe.
(2) If the person fails to furnish the identification required by this subsection, the person shall be allowed to vote a provisional ballot. The canvassing board shall determine the validity of the ballot pursuant to K.S.A. 25-3002, and amendments thereto.
(i) The following persons are exempt from the photographic identification document requirements of this section:
(1) Persons with a permanent physical disability that makes it impossible for such persons to travel to a county or state office to obtain a qualifying form of identification and have qualified for permanent advance voting status under K.S.A. 25-1124, and amendments thereto;
(2) members of the uniformed service on active duty who, by reason of such active duty, are absent from the county on election day;
(3) members of the merchant marine who, by reason of service in the merchant marine, are absent from the county on election day;
(4) the spouse or dependent of a member referred to in paragraph (2) or (3), who, by reason of the active duty or service of the member, is absent from the county on election day; and
(5) any voter whose religious beliefs prohibit photographic identification. Any person seeking an exemption under this provision must complete and transmit a declaration concerning such religious beliefs to the county election officer or the Kansas secretary of state. The declaration form shall be available on the official website of the Kansas secretary of state.
(j) "Indian tribe" or "tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians, including any Alaska native village, as defined in 43 U.S.C. § 1602(c).
History: L. 1893, ch. 78, § 21; L. 1897, ch. 129, § 21; L. 1901, ch. 177, § 9; R.S. 1923, 25-415; L. 1968, ch. 406, § 101; L. 1982, ch. 155, § 2; L. 1994, ch. 190, § 2; L. 1997, ch. 124, § 6; L. 2003, ch. 112, § 2; L. 2004, ch. 93, § 6; L. 2011, ch. 56, § 11; L. 2012, ch. 122, § 3; L. 2022, ch. 51, § 8; July 1.
(a) Any voter unable to mark such person's ballot by reason of temporary illness, disability or lack of proficiency in reading the English language or any voter 65 or more years of age may request assistance in voting.
(b) Upon request as provided in subsection (a), the voter shall be accompanied to the voting booth by a person chosen by the voter or, if no person is chosen, by two members of the election board of different political parties, who shall mark the ballot as such voter directs.
(c) A voter with a disability shall be permitted to vote as provided by law for provisional voters.
(d) A voter with a disability may request that such person's ballot be brought to the entrance to such voting place, or outside the voting place at a location within a radius of 250 feet from the entrance thereof, for the purpose of allowing such voter to vote. Two members of the election board of different political parties shall take a ballot to the voter so requesting and shall remain with such voter while such person votes. In voting places where paper ballots are used, such board members shall deposit such voter's ballot in the ballot box. In voting places where voting machines are used, such voter shall vote on an electronic voting machine or advance voting ballot. Any such ballot, together with objected to and provisional ballots, shall be packaged in accordance with K.S.A. 25-3008, and amendments thereto.
(e) "Disability," with respect to an individual, means:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(2) a record of such an impairment; or
(3) being regarded as having such an impairment.
Intoxication shall not be regarded as a disability.
History: L. 1968, ch. 406, § 22; L. 1975, ch. 214, § 1; L. 1976, ch. 188, § 2; L. 1983, ch. 121, § 2; L. 1995, ch. 192, § 46; L. 1996, ch. 187, § 17; L. 2004, ch. 93, § 7; July 1.
History: L. 1968, ch. 406, § 24; Repealed, L. 1975, ch. 214, § 3; July 1.
Clerks of elections shall enter upon the poll books the name of any elector who receives assistance pursuant to K.S.A. 25-2909, together with a memorandum of the fact that such assistance was rendered and the names of the assistants.
History: L. 1893, ch. 78, § 23; L. 1897, ch. 129, § 23; L. 1913, ch. 189, § 3; R.S. 1923, 25-417; L. 1935, ch. 174, § 2; L. 1968, ch. 406, § 102; L. 1975, ch. 214, § 2; July 1.
(a) (1) (A) All voting systems used for elections in this state held on or after January 1, 2024, shall require the use of an individual, durable, voter-verified paper ballot with a distinctive watermark established by the secretary of state. The voter's ballot shall be:
(i) Marked by the voter, or by a person assisting the voter as otherwise permitted by law, either by hand or by use of a voting machine that is a non-tabulating paper ballot marking or printing device or system that may be electromechanical or electronic;
(ii) made available to the voter for inspection and verification by the voter after the voter has marked the ballot but before the voter's vote is cast and counted, that may be spoiled by the voter if it fails to reflect the voter's choices and that permits the voter to cast a new paper ballot; and
(iii) canvassed by hand or read and tabulated by vote-tabulating equipment consisting of optical scanning equipment or other counting equipment that counts and tabulates paper ballots.
(B) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the paper ballot is secured and preserved.
(2) The voting system shall not preserve the paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent.
(3) The paper ballot shall constitute the official ballot and shall be preserved and used as the official ballot suitable for purposes of any audit or recount conducted with respect to any election in which the voting system is used. Each paper ballot shall be counted by hand in any recount conducted with respect to any election, unless the requestor of a recount pursuant to K.S.A. 25-3107, and amendments thereto, elects not to have the ballots counted by hand.
(4) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the paper ballots cast, the paper ballots as counted by hand shall be the true and correct record of the votes cast.
(b) The use of poll books not requiring a hand-written signature shall be prohibited.
(c) On or before January 1, 2023, the secretary of state shall adopt rules and regulations to implement the provisions of this section.
History: L. 2022, ch. 87, § 3; July 1.
Election boards shall make the original canvass according to the following procedure:
(a) A ballot box shall be opened and a judge designated by the supervising judge shall take the ballots out of the box either one at a time or in limited quantities as authorized by the supervising judge.
(b) A judge shall read and announce the vote on the ballot for each candidate. In reading and announcing the vote on ballots, the judge shall so place the ballot that another member of the election board may view the ballot as the vote is announced. The clerks shall make a tally mark opposite the name of each candidate receiving a vote as announced by the judge. Such tally marks shall be made upon tally sheets provided by the county election officer. The supervising judge may direct a judge to perform the functions of a clerk for limited periods during the canvass and thereby temporarily relieve one or both clerks.
(c) After one judge announces the votes upon a ballot, he shall hand the same to a second judge, who shall examine it and dispose of it as provided in this act.
(d) Void and blank ballots shall be announced by the judge, and the clerks shall make one tally mark for each such ballot opposite the proper designation on the tally sheet.
(e) From time to time during the canvass the clerks shall compare tally sheets and reconcile any differences to the satisfaction of a majority of the election board. When the canvass is completed, the number of votes received by each candidate shall be written in the indicated place on the tally sheet.
History: L. 1968, ch. 406, § 30; April 30.
(a) The rules prescribed in this section shall apply to:
(1) The original canvass by election boards.
(2) Intermediate and final canvasses by county boards of canvassers.
(3) Final canvass by the state board of canvassers.
(4) All election contests.
(5) All other officers canvassing or having a part in the canvass of any election.
(b) The following shall be rules for canvassers:
(1) No ballot, or any portion thereof, shall be invalidated by any technical error unless it is impossible to determine the voter's intention. Determination of the voter's intention shall rest in the discretion of the board canvassing in the case of a canvass and in the election court in the case of an election contest.
(2) The occurrences listed in this paragraph shall not invalidate the whole ballot but shall invalidate that portion, and that portion only, in which the occurrence appears. The votes on such portion of the ballot shall not be counted for any candidate listed or written in such portion, but the remainder of the votes in other portions of the ballot shall be counted. The occurrences to which this paragraph shall apply are:
(A) Whenever a voting mark shall be made in the square at the left of the name of more than one candidate for the same office, except when the ballot instructs that more than one candidate is to be voted; and
(B) whenever a voting mark is placed in the square at the left of a space where no candidate is listed.
(3) When a registered voter has cast a provisional ballot intended for a precinct other than the precinct in which the voter resides but located within the same county, the canvassers shall count the votes for those offices or issues that are identical in both precincts. The canvassers shall not count the votes for those offices or issues that differ from the offices or issues appearing on the ballot used in the precinct in which the voter resides.
(4) A write-in vote for those candidates for the offices of governor and lieutenant governor shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and:
(A) Both candidates' names are written on the ballot; or
(B) only the name of the candidate for governor is written on the ballot.
(5) A write-in vote for those candidates for the offices of president and vice-president shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and:
(A) Both candidates' names are written on the ballot; or
(B) only the name of the candidate for president is written on the ballot.
(6) A write-in vote for candidates for the offices of Unites States senator and United States house of representatives shall not be counted unless the candidate has filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto.
(7) A write-in vote for candidates for state offices elected on a statewide basis other than offices subject to paragraph (4), the state house of representatives, state senate, state board of education, district judges, district magistrate judges, district attorneys, any county officer or any city officer of a city of the first class shall not be counted unless the candidate has filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto.
(8) Any advance voting or mail ballot whose envelope containing the voter's written declaration is unsigned, shall be wholly void and no vote thereon shall be counted.
(9) No ballot cast shall be counted if the voter fails to provide valid identification as defined by K.S.A. 25-2908, and amendments thereto.
(10) When a registered voter who is unaffiliated with a political party has cast a provisional partisan ballot in a primary election, the canvassers shall count the votes for those offices or issues for which an unaffiliated voter may cast a vote. The canvassers shall not count the votes for those offices for which only a voter who is affiliated with a political party may cast a vote.
History: L. 1968, ch. 406, § 31; L. 1975, ch. 204, § 9; L. 1976, ch. 189, § 2; L. 1991, ch. 100, § 4; L. 1992, ch. 291, § 9; L. 1993, ch. 287, § 11; L. 1995, ch. 192, § 47; L. 2003, ch. 112, § 3; L. 2004, ch. 93, § 8; L. 2011, ch. 56, § 12; L. 2023, ch. 79, § 3; July 1.
(a) After the vote upon a ballot has been announced, the ballot shall be preserved according to one of the following methods:
(1) String the ballots closely upon a flexible wire or cord and unite or tie securely the ends of such wire or cord.
(2) Fasten the ballots that are counted in metal clamps or fasteners of a type which has had the prior approval of the secretary of state.
(3) The secretary of state may prescribe any other system of preserving ballots so long as such system will maintain the ballots in good condition and secure.
(b) Ballots marked "blank," "void" or "objected to" shall not be strung or fastened with other ballots.
History: L. 1968, ch. 406, § 32; April 30.
During the original canvass by election boards, the judge announcing the vote on any ballot shall, upon request of any authorized poll agent, exhibit such ballot fully opened in a condition that such agent may fully and carefully read and examine the same. The judge shall not allow any such ballot to be taken from his hands.
History: L. 1968, ch. 406, § 33; L. 1969, ch. 185, § 3; April 19.
At all elections authorized poll agents shall be allowed to be present and observe the proceedings at all original, intermediate and final canvasses of elections, at all recounts authorized by K.S.A. 25-3107, and amendments thereto, at all audits conducted after an election pursuant to K.S.A. 25-3009, and amendments thereto, and at the time and place of casting ballots, subject to such limitations as are prescribed by law or rules and regulations adopted by the secretary of state. The supervising judge of each voting place shall be in charge thereof and may direct authorized poll agents as to their conduct, but such directions shall not favor agents of one kind or party over agents of another kind or party, and such directions shall not be contrary to law, rules and regulations adopted by the secretary of state or instructions of the county election officer.
History: L. 1908, ch. 54, § 13; R.S. 1923, 25-217; L. 1968, ch. 406, § 80; L. 1969, ch. 185, § 4; L. 2023, ch. 79, § 47; July 1.
(a) As used in this act "authorized poll agent" means any one of the following persons:
(1) Chairperson of county party committee;
(2) chairpersons of committees concerned with question submitted elections;
(3) chairperson of state party committee;
(4) any candidate;
(5) any precinct committeeman or precinct committeewoman;
(6) any write-in candidate who has filed an affidavit of write-in pursuant to K.S.A. 25-305, and amendments thereto;
(7) any person appointed as provided in this section by any of the persons specified in this subsection.
(b) Every person appointed to be an authorized poll agent under authority of this act shall be so appointed in writing by the person making such appointment. Such written appointment shall be filed with the county election office by hand delivery, express delivery service, facsimile transmission or any electronic method authorized by the secretary of state and a copy of such appointment shall be carried by the authorized poll agent at all times such person is acting as such agent and shall be displayed upon demand of any member of any election board or any other election officer. Each authorized poll agent shall wear a badge clearly identifying the wearer as an authorized poll agent. The badge shall contain the word "observer" in 32-point or larger type. The badge shall be issued by the county election officer. Every appointment of an authorized poll agent shall be made in such form as is approved by the secretary of state. The number of authorized poll agents in each voting place at any one time appointed by any of the following shall be limited to the number indicated:
(1) State and county chairpersons, one;
(2) candidates, not to exceed one each;
(3) precinct committeemen and committeewomen, one each;
(4) the chairperson of each committee or organization concerned with any election on a question submitted, one each;
(5) write-in candidates who have filed an affidavit or write-in pursuant to K.S.A. 25-305, and amendments thereto, one each.
(c) When any candidate or any precinct committeeman or precinct committeewoman is acting as an authorized poll agent, such person shall carry identification which shall be supplied by the county election officer. Such identification shall indicate the authority by which such person is an authorized poll agent, and the same shall be in such form as is approved by the secretary of state. Whenever an authorized poll agent is required to carry identification under the provisions of this subsection such agent shall display the same upon demand of any member of any election board or any other election officer.
(d) Each person appointed to be an authorized poll agent shall:
(1) Be a registered Kansas voter;
(2) a member of any candidate's immediate family; or
(3) be a person under 18 years of age but at least 14 years of age who meets all other requirements for qualification of an elector except that of age.
(e) The provisions of this section shall apply to all elections.
(f) Violations of this section shall be a class C nonperson misdemeanor.
History: L. 1969, ch. 185, § 1; L. 1993, ch. 287, § 12; L. 2007, ch. 196, § 2; May 24.
(a) When the election board completes its canvass, it shall make three abstracts of the vote cast for all candidates whose names are printed on the ballot, all write-in votes cast and all votes cast on questions submitted. Such abstracts shall be made under the direction of the supervising judge upon forms provided by the county election officer. Each of such three abstracts shall bear a certificate of the validity thereof and each certificate shall be signed by all of the clerks and judges at the voting place.
(b) In voting places where voting machines equipped with printed election returns mechanisms are used, the counter compartment shall not be opened and the original and duplicate originals of the printed return sheets of the votes cast on questions submitted and for candidates whose names are printed on the official ballot labels, together with the tabulation and inclusion of any write-in votes appearing on the paper roll shall constitute the official abstract for the votes cast on that machine, when coupled with the other originals and duplicate originals of other machines in the voting place and certified as abstracts of the vote cast at such voting place, upon forms and in the manner prescribed by the county election officer.
(c) The secretary of state may adopt rules and regulations prescribing procedures and forms to be used in carrying out the provisions of this section and K.S.A. 25-1338, as amended.
History: L. 1968, ch. 406, § 35; April 30.
When the canvass of an election board has been completed, the supervising judge shall return to the county election officer the following:
(a) All election supplies.
(b) All valid ballots.
(c) All ballots not used and all that have been spoiled by the voter while attempting to vote, together with all ballots marked "blank," "void" or "objected to."
(d) All tally sheets, poll books, all abstracts and all other books and records in possession of the election board.
History: L. 1968, ch. 406, § 36; April 30.
Before leaving the voting place the supervising judge shall ascertain that the election supplies and ballots that are to be returned have been packaged, packed and separated as provided in this section:
(a) All ballots both voted and unvoted, except void, objected to and provisional ballots, shall be placed in bags or sacks. Such bags or sacks shall be sealed and appropriately labeled. The method of sealing and labeling shall be a method approved by the secretary of state and directed by the county election officer.
(b) Ballots that are spoiled and returned by the voter shall be marked "spoiled" on the back thereof and shall be placed in the bags or envelopes specified in subsection (a) of this section.
(c) Provisional ballot envelopes containing ballots, with applications for registration attached, shall be placed in an appropriately labeled envelope, and shall be sealed as in subsection (a) of this section.
(d) Provisional ballot envelopes containing ballots cast after the polling place hours prescribed in K.S.A. 25-106, and amendments thereto, pursuant to a court or other order shall be separated from the provisional ballot envelopes described in subsection (c) of this section and packaged and sealed as required by subsection (a) of this section.
(e) Objected to ballots shall be placed in an appropriately labeled envelope, and shall be sealed as in subsection (a) of this section.
(f) Ballots that are cast but not counted shall be marked "void" on the back thereof and shall be placed in the same envelope that contains objected to ballots.
(g) Ballots specified in subsections (a) and (b) shall be separately packaged from ballots specified in subsections (c), (d), (e) and (f).
(h) Poll books, registration books, party affiliation lists, tally sheets, abstracts and election supplies not listed in the preceding subsections of this section shall be returned sealed but not packaged with the items specified in subsections (a), (b), (c), (d), (e), (f) and (g).
(i) (1) If upon receiving the sealed bags or sacks of ballots after the original canvass, the county election officer discovers that the board which conducted the original canvass failed to provide a tally sheet of write-in votes, the county election officer may appoint a special write-in board to unseal the ballots and count any write-in votes which appear on the ballots. Such write-in votes shall be reported to the county election officer, who shall include them with the official results of the election. When the board completes its tally of write-in votes, the bags or sacks shall be resealed.
(2) The special write-in board shall be appointed by the county election officer from the election boards of the county or from a pool of trained board workers maintained by the county election officer. One member of the board shall be designated by the county election officer as a supervising judge, and the remaining members of the board shall be of different political parties to the extent practicable.
History: L. 1968, ch. 406, § 37; L. 1996, ch. 187, § 18; L. 2003, ch. 48, § 1; L. 2004, ch. 25, § 15; July 1.
(a) After an election and prior to the meeting of the county board of canvassers to certify the official election results for any election in which the canvassers certify the results, the county election officer shall conduct a manual audit or tally of each vote cast, regardless of the method of voting, in 1% of all precincts, with a minimum of one precinct located within the county. The precinct or precincts shall be randomly selected and the selection shall take place after the election.
(b) (1) The audit shall be performed manually and shall review all paper ballots selected pursuant to subsection (a). The audit shall be performed by a sworn election board consisting of bipartisan trained board members. The county election officer shall determine the members of the sworn election board who will conduct the audit.
(2) The audit shall review contested races as follows:
(A) In presidential election years:
(i) One federal race;
(ii) one state legislative race;
(iii) one county race; and
(iv) one constitutional amendment question, if any.
(B) In even-numbered, non-presidential election years:
(i) One federal race;
(ii) one statewide race;
(iii) one state legislative race;
(iv) one county race; and
(v) one constitutional amendment question, if any.
(C) In even-numbered election years, any federal, statewide or state legislative race that is within 1% of the total number of votes cast tallied on election night, as determined by the secretary of state, shall be audited. The county election officer shall conduct the audit in the manner set forth in subsection (a) in 10% of all county precincts in the specified race, with a minimum of one precinct in the county. The precincts audited pursuant to this subsection shall be in addition to the precincts audited under subparagraphs (2)(A) and (B).
(D) In odd-numbered election years, two local races will be randomly selected, and the selection shall take place after the election.
(E) Any presidential preference primary election held pursuant to K.S.A. 25-4501a, and amendments thereto.
(c) At least five days prior to the audit, notice of the time and location of the audit shall be provided to the public on the official county website. The audit shall be conducted in a public setting. Any candidate or entity who is authorized to appoint a poll agent may appoint a poll agent for the audit.
(d) The results of the audit shall be compared to the unofficial election night returns and a report shall be submitted to the county election office and to the secretary of state's office prior to the meeting of the county board of canvassers. If a discrepancy is reported between the audit and the unofficial returns and cannot be resolved, the county election officer or the secretary of state may require audits of additional precincts. Once the audit has been completed, the results of the audit shall be used by the county board of canvassers when certifying the official election results.
(e) Upon publication of the notice of the audit pursuant to subsection (c), the signed and certified official abstracts required by K.S.A. 25-3006, and amendments thereto, shall be made available by the county election office for review by any authorized poll agent. Such abstracts shall be from all precincts and shall not be limited to those precincts that are subject to the audit. The abstracts shall be available for review until commencement of the original canvass.
(f) The secretary of state shall adopt rules and regulations governing the conduct and procedure of the audit, including the random selection of the precincts and offices involved in the audit.
History: L. 2018, ch. 116, § 7; L. 2022, ch. 87, § 8; L. 2023, ch. 79, § 48; L. 2023, ch. 91, § 4; July 1.
(a) In the calendar year following the general election of an even-numbered year, the secretary of state shall conduct in four counties an audit of the procedures used for election administration and election records for the elections held during the previous two calendar years.
(b) The secretary of state shall select the counties to be audited at random, except that:
(1) One of the counties selected shall have a voting age population of more than 90,000;
(2) one of the counties selected shall have a voting age population of more than 20,000 but less than 90,000;
(3) two of the counties selected shall have a voting age population of less than 20,000; and
(4) voting age population shall be set by the most recent federal decennial census.
(c) The secretary of state shall adopt rules and regulations necessary to implement this section including enumerating the specific records and procedures to be examined.
History: L. 2022, ch. 87, § 2; July 1.
The board of county commissioners of each county shall be the board of canvassers for elections occurring within the county. Such board of canvassers shall canvass the following elections:
(a) Both primary and general national and state elections.
(b) Both primary and general county elections.
(c) Both primary and general township elections.
(d) Both primary and general city elections.
(e) Both primary and general school elections.
(f) Question submitted elections of the state, county and any township in the county.
(g) Question submitted elections of any city, the greater part of the population of which is in the county.
(h) Question submitted elections of which the county is the home county of a school district. For any school district which does not on the effective date of this act have a specified home county, the state board of education shall specify a home county. "State board of education" means the state superintendent of public instruction until that office is abolished, and thereafter the constitutional state board of education.
(i) Any election for which it is provided by law that the board of county commissioners shall be the board of canvassers.
History: L. 1968, ch. 406, § 41; April 30.
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 canvassers 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 in consultation with the county election officer shall select 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.
History: L. 1968, ch. 406, § 52; L. 2001, ch. 81, § 7; L. 2002, ch. 146, § 6; July 1.
(a) The county board of canvassers shall make the final canvass of election returns of every county, township, city and school election whether the same is an election of officers or a question submitted election.
(b) The county board of canvassers shall make the intermediate canvass of election returns for the following elections:
(1) Question submitted elections on constitutional amendments;
(2) Elections of national and state officers;
(3) Any other election for which it is provided by law the county board of canvassers shall make an intermediate canvass.
History: L. 1968, ch. 406, § 42; April 30.
The original canvass of every election shall be performed by the election boards at the voting places. The county election officer shall present the original returns, together with the ballots, books and any other records of the election, for the purpose of canvass, to the county board of canvassers at any time between 8 a.m. and 10 a.m. on the Monday next following any election held on a Tuesday, except that the county election officer may move the canvass to any business day not later than 13 days following any election. Notice of the time and place of the canvass shall be published in a newspaper of general circulation in the county prior to the canvass and shall also be published on the website of the county election office. For elections not held on a Tuesday, the canvass by the county board of canvassers shall be held on a day and hour designated by it, and not later than the 13th day following the day of such election.
History: L. 1968, ch. 406, § 43; L. 1975, ch. 215, § 1; L. 2002, ch. 130, § 1; L. 2011, ch. 56, § 18; L. 2018, ch. 116, § 8; L. 2023, ch. 79, § 49; July 1.
Meetings of the county board of canvassers shall be held in the office of the county election officer unless a different place is agreed upon by the county board of canvassers and the county election officer and publicly announced by the county election officer.
History: L. 1968, ch. 406, § 44; April 30.
When returns of any election are received by the county election officer, he shall make a preliminary inspection of the abstracts and other records returned. The county election officer shall prepare a combined tabulation of the vote totals for each candidate and question submitted showing therein the votes at each voting place. Such tabulation shall be known as the preliminary final abstract of election returns, in the case of all elections for which the county board of canvassers make the final canvass. Such tabulation shall be called the preliminary intermediate abstract of election returns, in the case of all elections for which the county board of canvassers make an intermediate canvass.
History: L. 1968, ch. 406, § 45; April 30.
(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 and, as provided by rules and regulations adopted by the secretary of state as authorized by K.S.A. 25-1132(b), and amendments thereto, advance voting ballots received after the closing of the polls pursuant to K.S.A. 25-1132(b), and amendments thereto. 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 authenticity and accuracy. The certification of the county board of canvassers 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), or as authorized under subsection (e).
(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 the 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 election officer and recount the ballots with respect to any office or question submitted specified by the county board of canvassers or requested by the 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 amendments thereto, or electronic or electromechanical voting 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 the recount. The county election officer shall not be a member of the 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 approved by the county or district attorney, conditioned to pay all costs incurred by the county in making the 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 must be requested in writing and filed with the county election officer not later than 5 p.m. on the day following the last meeting of the county board of canvassers. The request shall specify which voting areas are to be recounted. The county election officer shall immediately notify any candidate involved in the election for which the recount is requested, or shall notify the county chairperson of each candidate's party. Any recount shall be initiated not later than the following day and shall be completed not later than 5 p.m. on the fifth day following the filing of the request for a recount, including Saturdays, Sundays and holidays. 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 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 the United States house of representatives;
(D) the office of members of the state senate or house of representatives whose district is located in two or more counties;
(E) the office of members of the state board of education; and
(F) a constitutional amendment.
(2) Any candidate may request a recount in one or more counties. Any registered elector who cast a ballot in an election for a constitutional amendment submitted may request a recount in one or more counties. Any such recount shall be requested in writing and filed with the secretary of state not later than 5 p.m. on the day following the last meeting of the county board of canvassers canvassing votes in the election for which the recount is requested. The request shall specify which counties or precincts are to be recounted. If a recount is required in a county that uses optical scanning equipment, as defined in K.S.A. 25-4601, and amendments thereto, or electronic or electromechanical voting 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 the recount. Except as provided by this subsection and subsection (d), the person requesting the recount shall file, contemporaneously with a request for a recount, a bond with the secretary of state, 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 the recount. The amount of the bond shall be determined by the secretary of state. A candidate described in subsection (c)(1)(D) and (E) may post a bond as provided by subsection (b) in lieu of the bond required by this subsection. In the event that the candidate 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 election officer affected by the recount and any candidate involved in the election for which the 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 5 p.m. on the fifth day following the filing of the request for a recount, including Saturdays, Sundays and holidays. Each county election officer involved in the recount shall appoint a special election 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 any 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 the United States house of representatives;
(D) the office of members of ** state senate or house of representatives; and
(E) the office of members of the state board of education.
(2) Whenever the election returns reflect that a candidate for office was defeated by ½ of 1% or less of the total number of votes cast and if the candidate requests a recount in one or more counties, no bond shall be required and the state shall bear the cost of any recount performed using the method by which the 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 vouchers 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 under this section and adjust any discrepancies discovered before approving vouchers for payment to any county.
(e) Procedures for canvassing and challenging advance voting ballots received by mail after the closing of the polls pursuant to K.S.A. 25-1132(b), and amendments thereto, shall be as set forth in rules and regulations adopted by the secretary of state as authorized by K.S.A. 25-1132(b), and amendments thereto.
History: L. 1968, ch. 406, § 46; L. 1969, ch. 194, § 1; L. 1970, ch. 146, § 1; L. 1972, ch. 132, § 8; L. 1975, ch. 206, § 3; L. 1978, ch. 143, § 1; L. 1982, ch. 160, § 1; L. 1984, ch. 143, § 1; L. 1987, ch. 128, § 1; L. 1995, ch. 192, § 6; L. 2001, ch. 124, § 1; L. 2002, ch. 130, § 2; L. 2011, ch. 56, § 19; L. 2017, ch. 49, § 6; L. 2023, ch. 79, § 50; July 1.
(a) In any election for which the county board of canvassers makes the final canvass, if any two or more persons have a tie vote, such board shall determine by lot which person is nominated or elected, as the case may be. Reasonable notice shall be given to such persons of the time when such determination by lot will be made; if such persons or either of them shall fail to appear in accordance with such notice, the county board of canvassers shall proceed to make such determination in the absence of such persons.
(b) A tie vote shall have occurred in the following cases:
(1) In a primary election for any county or township office, if any two or more persons have an equal number of votes and more than any other person for the same office as candidate for the same party.
(2) In a general election for any county or township office, if any two or more persons have an equal number of votes and more than any other person for the same office.
(3) In the case of election to any city office determination of whether a tie has occurred shall be made by the county board of canvassers, and such determination shall be based upon statutes applicable to the particular city election and the number of votes received by the candidates.
(4) In the case of election to any school office, determination of whether a tie has occurred shall be made by the county board of canvassers, and such determination shall be based upon statutes applicable to the particular school election and the number of votes received by the candidates.
(5) In the case of a question submitted election a tie shall never be deemed to have occurred, and if there are the same number of "yes" votes and "no" votes, the "no" vote shall have prevailed unless otherwise provided by law.
History: L. 1968, ch. 406, § 47; L. 1973, ch. 172, § 1; April 6.
(a) In every final canvass of election returns the county board of canvassers shall make final determination of the results of the election and enter the same in the final abstract of the election returns. Such abstracts shall be certified by the county board of canvassers and shall be deposited in the office of the county election officer as a permanent record.
(b) In the case of a primary election for which the county board of canvassers makes the final canvass, the abstract shall specify the persons nominated for each office as a result of such primary.
(c) In the case of a general election for which the county board of canvassers makes the final canvass, the abstract shall specify the persons elected to each office as a result of such general election.
(d) In the case of question submitted election for which the county board of canvassers makes the final canvass, the abstract shall specify the result on each question submitted.
History: L. 1968, ch. 406, § 48; April 30.
When any final canvass of primary election returns has been completed by the county board of canvassers, the county election officer shall prepare and issue a certificate of nomination to each person nominated. When any final canvass of general election returns has been completed by the county board of canvassers, the county election officer shall prepare and issue a certificate of election for each person elected. Certificates of nomination shall specify with particularity the office to which the person has been nominated, and if the election is on a partisan basis, the political party of the candidate. Certificates of election shall specify with particularity the office to which the person has been elected. The secretary of state may prescribe by rules and regulations the form and content of certificates of nomination and certificates of election.
History: L. 1968, ch. 406, § 51; April 30.
The governor, secretary of state and attorney general, or such officers' designee, shall constitute the state board of canvassers. Any two of such members may act for such board.
History: G.S. 1868, ch. 36, § 34; R.S. 1923, 25-707; L. 1968, ch. 406, § 110; L. 1974, ch. 364, § 4; L. 2023, ch. 79, § 51; July 1.
Upon completion of any intermediate canvass the abstract, properly certified, shall be promptly transmitted to the secretary of state or such other officer as it is provided by law for the same to be transmitted. Every such transmittal shall be made by secure electronic transmission, registered mail or by a messenger designated by the county board of canvassers or the secretary of state.
History: L. 1968, ch. 406, § 49; L. 2004, ch. 126, § 1; July 1.
If the secretary of state fails to receive the final abstract of the intermediate canvass of any national or state election from any county by the second Tuesday next after any election, the secretary shall dispatch a special messenger to obtain a copy of the same, and the county election officer shall immediately, on demand of such messenger, make out and deliver to such messenger the copy required. Thereupon, the messenger shall deliver such copy to the secretary of state without delay. The expenses of such messenger shall be paid by the secretary of state, and the secretary of state shall be reimbursed therefor by such county.
Any county conducting a recount pursuant to K.S.A. 25-3107, and amendments thereto, shall notify the secretary of state of the recount and shall set a date, subject to approval by the secretary of state, when the county election officer shall submit the intermediate abstract of the county to the secretary of state.
History: L. 1968, ch. 406, § 50; L. 1992, ch. 237, § 6; L. 1995, ch. 192, § 7; L. 2011, ch. 56, § 17; January 1, 2012.
The secretary of state, upon the receipt of the abstracts of the votes in national and state primary and general elections shall proceed to open the same, and shall tabulate the vote by counties and districts in a suitable manner for permanent record and shall carefully preserve in his or her office said abstracts.
History: R.S. 1923, 25-708; L. 1968, ch. 406, § 111; L. 1977, ch. 142, § 1; July 1.
(a) The state board of canvassers shall be the board of canvassers for the final canvass of the primary election of national and state officers. Provisions of law relating to the canvass of the national and state general elections shall, as far as applicable, apply to the canvass and certification of the secretary of state of the primary elections. The state board of canvassers shall meet at the office of the secretary of state on the call of the secretary of state as soon as convenient after the tabulation of the returns is made. The meeting shall be called not later than September 1 next following the election, except when the date falls on Sunday, then not later than the next following day which is not a legal holiday, and may recess from time to time until the final canvass is completed.
As soon as the final canvass of the primary election shall be completed, the secretary of state shall publish in the Kansas register a certified statement of the candidates for the presidential electors, United States senator, representatives in congress and all state officers or so many of the officers as may have been voted for at the election. On the fourth day after the completion of such final canvass or as soon as practicable thereafter, the secretary of state shall mail to each candidate found by the state board of canvassers to be duly nominated a certificate of nomination, showing the name of the candidate, the party by whom nominated and the office for which the candidate is nominated as specified in the nomination papers and determined by the state board of canvassers.
(b) The secretary of state shall publish on the official secretary of state website results by precinct for all federal offices, statewide offices and for state legislative offices not later than 30 days after the final canvass of the primary election is complete.
History: R.S. 1923, 25-218; L. 1968, ch. 406, § 81; L. 1981, ch. 324, § 10; L. 1992, ch. 237, § 7; L. 1995, ch. 192, § 8; L. 2018, ch. 88, § 5; July 1.
(a) The state board of canvassers shall make the final canvass of national and state primary and general elections. The board shall also make the final canvass of elections upon constitutional amendments and all questions submitted to election on a statewide basis, including questions on retention in office of justices of the supreme court, judges of the court of appeals and judges of the district court.
(b) For the purpose of canvassing elections specified in subsection (a), the state board of canvassers shall meet on the call of the secretary of state, in the secretary's office, as soon as convenient after the tabulation of the returns is made. In the case of general elections, the meeting shall be called not later than December 1 next following the election, except when the date falls on Sunday, then not later than the following day, and may recess from time to time until the canvass is completed.
(c) The state board of canvassers shall, upon the abstracts on file in the office of secretary of state, proceed to make final canvass of any election for officers specified in subsection (a). The state board of canvassers shall certify a statement which shall show the names of the persons receiving votes for any of the offices, and the whole number received by each, distinguishing the districts and counties in which they were voted.
(d) The state board of canvassers shall, upon the abstracts on file in the office of the secretary of state, proceed to make final canvass and determination of the result of statewide question submitted elections. The state board of canvassers shall certify a statement of the number of votes on each question and the result thereof.
(e) The state board of canvassers shall certify such statements to be correct, and the members shall subscribe their names thereto, and the board shall determine what persons have been elected to such offices and the members shall endorse and subscribe on the statement a certificate of the determination and deliver them to the secretary of state.
(f) The secretary of state shall publish on the official secretary of state website election results by precinct for all federal offices, statewide offices and for legislative offices not later than 30 days after the final canvass of the general election results.
(g) Each county election officer shall provide precinct level election results electronically in machine-readable format for all federal offices, statewide offices, legislative offices and local offices not later than 30 days after the final canvass of the general election results.
History: R.S. 1923, 25-711; L. 1968, ch. 406, § 112; L. 1981, ch. 170, § 1; L. 2018, ch. 88, § 6; L. 2022, ch. 87, § 9; July 1.
(a) In any election for which the state board of canvassers makes the final canvass, if any two or more persons have a tie vote, such board shall determine by lot which person is nominated or elected, as the case may be, except in general election of the governor and lieutenant governor. Reasonable notice shall be given to such persons of the time any such determination by lot will be made; if such persons or either of them shall fail to appear in accordance with such notice, the state board of canvassers shall proceed to make such determination in the absence of such persons.
(b) A tie vote shall have occurred in the following cases:
(1) In a primary election for any national or state office, if any two or more persons have an equal number of votes and more than any other person for the same office as candidate for the same party.
(2) In a general election for any national or state office, if any two or more persons have an equal number of votes and more than any other person for the same office.
(3) In the case of election to any national office determination of whether a tie has occurred shall be made and such determination shall be based upon any federal statutes applicable to the particular national office, if there be any such federal statutes, and in all other respects according to this section.
(4) In the case of a constitutional amendment or other question submitted election a tie shall never be deemed to have occurred, and if there are the same number of "yes" votes and "no" votes, the "no" votes shall have prevailed, except in the case of a question upon the retention of a justice of the supreme court.
History: L. 1968, ch. 406, § 53; April 30.
If any two or more pairs of candidates running together have an equal number of votes for the same office and a higher number than any other pair of candidates running together in a general election for the offices of governor and lieutenant governor, the two houses shall, by joint ballot, determine the election. The president of the senate and the speaker of the house of representatives shall deposit in the office of the secretary of state a certificate showing what persons have been elected to fill said offices.
History: G.S. 1868, ch. 36, § 41; R.S. 1923, 25-715; L. 1968, ch. 406, § 115; L. 1973, ch. 153, § 23; July 1.
At the time fixed for convening of each regular session of the legislature, the secretary of state shall report to each house the list of members elected thereto, with the districts each represents, in accordance with determinations of the state board of canvassers. Such report shall also make a statement of any ties to be determined by the legislature as provided in K.S.A. 25-3209.
History: G.S. 1868, ch. 36, § 40; R.S. 1923, 25-714; L. 1968, ch. 406, § 114; L. 1975, ch. 270, § 5; July 1.
(a) The secretary of state shall record and file as a permanent record, each certified statement and determination as made by the state board of canvassers.
(b) The secretary of state shall record and file as a permanent record any certificates received from officers of the legislature under K.S.A. 25-3209.
(c) The secretary of state shall without delay make out and transmit a certificate of election, under the seal of office of the secretary of state, to each of the persons declared to be elected.
(d) The secretary of state shall cause a statement of the determinations made of elections by both the state board of canvassers and the legislature to be published in the Kansas register.
History: R.S. 1923, 25-713; L. 1968, ch. 406, § 113; L. 1975, ch. 270, § 6; L. 1981, ch. 324, § 11; January 1, 1982.
(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 amendments thereto, shall be entitled to vote at every partisan primary election. Each political party entitled to nominate candidates by primary election shall notify the secretary of state in writing on or before January 15 of any year in which a partisan general election is to be held whether voters who are unaffiliated with such political party may vote in such party's 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, that 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 amendments 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 the voter's party affiliation in writing on a form prescribed by the secretary of state. 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 affiliation, and such person thereupon shall be entitled to vote. Such a statement 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) Party affiliation statements shall be preserved for five years. The county election officer may dispose of the statements in the manner approved for destruction of ballots as provided in K.S.A. 25-2708, and amendments thereto.
(e) The county election officer shall update party affiliation lists as provided by rules and regulations of the secretary of state.
History: L. 1927, ch. 203, § 1; L. 1941, ch. 227, § 1; L. 1968, ch. 406, § 84; L. 1972, ch. 144, § 2; L. 1974, ch. 106, § 6; L. 1978, ch. 144, § 1; L. 1997, ch. 124, § 7; L. 2014, ch. 2, § 2; L. 2023, ch. 79, § 52; July 1.
The secretary of state shall adopt rules and regulations relating to party affiliation lists and prescribing the manner and form in which the same are to be kept and maintained.
Before each primary and general election held in even-numbered years, and at times and in a form to be prescribed by the secretary of state, each county election officer shall certify to the secretary of state the number of members of each party in each precinct of the county as shown by the party affiliation list in the office of such county election officer.
Each county election officer shall furnish a copy of such certificates to the county chairperson of each party in the county having members on the party affiliation list. On request of the county chairperson or party central committee, the county election officer shall furnish not to exceed three copies of the party affiliation list, at the expense of the party committee requesting such copies.
History: L. 1968, ch. 406, § 23; L. 1972, ch. 128, § 3; L. 1989, ch. 109, § 3; L. 1995, ch. 192, § 9; July 1.
Whenever a name is removed from the voter registration books as provided by K.S.A. 25-2316c, and amendments thereto, such name shall also be removed from the party affiliation list.
History: L. 1927, ch. 203, § 2; L. 1968, ch. 406, § 85; L. 1972, ch. 145, § 1; L. 1976, ch. 182, § 12; L. 1978, ch. 144, § 2; L. 2023, ch. 79, § 53; July 1.
(a) Any person who has declared such person's party or voter affiliation in the manner provided by law shall be listed on a voter affiliation list as a member of a registered political organization, or on a party affiliation list if a member of a recognized political party, unless the person's name is removed as provided by K.S.A. 25-3303, and amendments thereto, or unless the person changes party or voter affiliation as provided in this section.
(b) Any person, who, having declared a party or voter affiliation, desires to change the same, may file a written declaration with the county election officer, stating the change of party or voter affiliation. Such declaration cannot be filed during the time from the candidate filing deadline, as prescribed in K.S.A. 25-205, 25-305 and 25-4004, and amendments thereto, through the time when the primary election results are certified by the secretary of state. The county election officer shall enter a record of such change on the party or voter affiliation list of such preceding primary election in the proper column opposite the voter's name.
History: L. 1927, ch. 203, § 3; L. 1968, ch. 406, § 86; L. 1972, ch. 145, § 2; L. 1988, ch. 119, § 4; L. 1991, ch. 102, § 2; L. 2014, ch. 2, § 1; L. 2023, ch. 79, § 54; July 1.
History: L. 1935, ch. 177, § 1; L. 1968, ch. 406, § 87; Repealed, L. 1972, ch. 129, § 12; July 1.
County election officers, deputy election officers, voter registration agencies, and offices of the division of motor vehicles shall inform each person registering as a voter that such person may declare a party affiliation with any recognized political party or a voter affiliation with any registered political organization and shall inform such person of the procedure for declaring such affiliation. A printed notice containing such information shall be posted conspicuously at each registration place.
History: L. 1972, ch. 141, § 4; L. 1976, ch. 181, § 12; L. 1988, ch. 119, § 5; L. 1996, ch. 187, § 19; April 25.
(a) Any political organization seeking the right of designation on voter affiliation lists after the effective date of this act shall file a statement of organization and a certified list of officers with the secretary of state. Such organization shall have obtained official recognition as a political party prior to filing. However, current status as a recognized political party is not required.
(b) The secretary of state may adopt rules and regulations prescribing the method of listing members of all registered political organizations in voter registration and affiliation.
History: L. 1988, ch. 119, § 8; March 24.
Not later than sixty (60) days after the effective date of this act, the governing bodies of every city and county and every election or registration officer shall ascertain that all territory of the state is within a township or a ward. Every public official having any duty or authority under law to determine or change boundaries of any ward or township shall take appropriate action sooner than sixty (60) days after the effective date of this act to assure the inclusion of territory in a township or ward as provided in this section.
History: L. 1968, ch. 87, § 1; April 30.
Any person living in a federal enclave within the state shall be deemed a qualified elector if such person is a citizen of the United States and is of the age of eighteen (18) years or more. Every person shall be required to register as provided by law before being entitled to vote. Registration and election officers are hereby required to register such persons as are authorized to be registered under the provisions of this act upon proper and lawful application of any such person to be registered.
History: L. 1968, ch. 87, § 2; L. 1972, ch. 146, § 1; L. 1976, ch. 182, § 13; April 16.
It is the intention of this act to authorize persons specified in K.S.A. 25-3402, to vote at all elections upon all officers and questions submitted when such persons would be entitled to the right of suffrage if residents of this state for all purposes. It is also the intention of this act to provide for voter registration of persons specified in K.S.A. 25-3402, when the same are entitled to the right of suffrage.
History: L. 1968, ch. 87, § 3; L. 1976, ch. 182, § 14; April 16.
Whenever any vacancy shall occur in the office of United States representative to congress from any congressional district of this state, leaving an unexpired term, an election shall be held as provided by article 1, section 2, clause 4 of the United States constitution and in accordance with this act. Not later than five (5) days after any such vacancy occurs, the governor shall proclaim the date of such election in accordance with the provisions of this act.
History: L. 1969, ch. 186, § 1; April 14.
(a) Except as otherwise provided in this act, the governor shall proclaim the date of any election held under this act to be a day not less than 75 days nor more than 90 days after such proclamation is issued. The proclamation shall be made in writing, signed by the governor and delivered by the governor to the secretary of state. The secretary of state shall promptly cause the proclamation to be published in the Kansas register, and a copy shall be transmitted by the secretary to the chairperson of all state political parties authorized to hold congressional district conventions under the provisions of K.S.A. 25-3504, and amendments thereto.
(b) The amendments made by this act to this section shall be effective on and after January 1, 2017.
History: L. 1969, ch. 186, § 2; L. 1981, ch. 324, § 12; L. 2017, ch. 1, § 1; January 18.
(a) In the event that any vacancy occurs to which this act applies, and such occurrence is not more than 90 days and not less than 30 days before any primary election, the election provided for in this act shall be held on the same date as the primary election.
(b) In the event that any vacancy occurs to which this act applies, and such occurrence is not more than 30 days before any primary election and before the general election, at such general election votes cast for the office for members of congress in the district in which such vacancy has occurred shall be deemed to be cast to fill the vacancy for the unexpired term, as well as for the election for the next regular term. The governor shall proclaim the date of the election to be the same as the general election.
(c) In the event that any vacancy occurs to which this act applies, on or after the date of any general election and before the term of office in which the vacancy has occurred expires, votes cast for the office for members of congress in the district in which such vacancy occurs shall be deemed to have been cast to fill such vacancy for the unexpired term, as well as for election for the next regular term. The governor's approval of this act shall be deemed to proclaim that every regular election of a representative to the United States congress shall be an election for the unexpired term if any should occur, as well as election for the next regular term. In cases to which subsection (b) or this subsection applies, the person elected for the next regular term shall be deemed to have been elected for the balance of the unexpired term also.
History: L. 1969, ch. 186, § 3; L. 2015, ch. 88, § 62; July 1.
(a) Whenever a vacancy has occurred to which this act applies, except in cases where K.S.A. 25-3503(b) or (c), and amendments thereto, applies, a congressional district convention of the district party of each political party that has obtained official recognition shall be called by the state chairperson of the party, or if there is no state chairperson, by the party's candidate for governor at the next preceding general election. The convention shall be called for a date not less than 15 days and not more than 25 days after the proclamation of election is issued by the governor in the cases to which K.S.A. 25-3503, and amendments thereto, does not apply, and within 15 days in cases to which K.S.A. 25-3503(a) or (b), and amendments thereto, apply. In accordance with the rules of the district party and the provisions of this act, each convention shall nominate a candidate to fill the vacancy which has occurred and shall file a certificate of the nomination with the secretary of state immediately. Every certificate shall be signed by the presiding officer and secretary of the convention making the nomination. Independent candidates may be nominated by petition of not less than 3,000 qualified electors of the congressional district. Such petitions may not be circulated for signatures prior to the governor proclaiming the date of the election. Any such petition shall be filed with the secretary of state not later than 25 days after the proclamation of election is issued by the governor. Except as is provided in K.S.A. 25-3503(b) or (c), and amendments thereto, no candidate shall be nominated to fill such vacancy by any means other than provided by this section.
(b) The amendments made by this act to this section shall be effective on and after January 1, 2017.
History: L. 1969, ch. 186, § 4; L. 1982, ch. 161, § 2; L. 1992, ch. 262, § 4; L. 2017, ch. 1, § 2; L. 2017, ch. 3, § 1; March 23.
The secretary of state shall furnish to each county election officer, any part of the county of which is within the congressional district having an election under article 35 of chapter 25 of Kansas Statutes Annotated, the form for the ballot to be used at the election. The ballot shall contain the names of the candidates and their political parties or designations, and these shall appear upon the ballot in substantially the same form as is provided by K.S.A. 25-616, and the provisions of such statute shall apply to ballots used at such election to the extent that the same are consistent with the provisions of this act. When subsection (c) of K.S.A. 25-3503 applies, the ballot shall indicate that a vote for the candidate applies to both the regular and unexpired term, and when such subsection does not apply, the ballot shall indicate that the vote is for the unexpired term.
History: L. 1969, ch. 186, § 5; L. 1982, ch. 161, § 1; July 1.
Elections held under the provisions of this act shall be conducted by county election officers any part of the county of which is within the congressional district in which the election is to be held. Laws relating to registration of voters shall apply to such election.
History: L. 1969, ch. 186, § 6; April 14.
(a) The canvass of the election shall be conducted as provided in K.S.A. 25-3104, and amendments thereto. County election officers shall dispatch the abstract of the intermediate canvass to the secretary of state immediately upon completion of the canvass by the board of county canvassers. The state board of canvassers shall meet in the office of the secretary of state on the third day following the intermediate canvass of the election held in all counties, unless such day is a Sunday or holiday, in which case the canvass shall be on the next following day which is not a Sunday or holiday. The state board of canvassers shall make the final canvass, and the certificate of election of the candidate receiving the highest number of votes shall be issued in the same manner as is provided for regular elections of national officers.
(b) The amendments made by this act to this section shall be effective on and after January 1, 2017.
History: L. 1969, ch. 186, § 7; L. 2017, ch. 1, § 3; L. 2017, ch. 3, § 2; March 23.
Election laws of the state not inconsistent with the provisions of this act shall apply to elections held under this act.
History: L. 1969, ch. 186, § 8; April 14.
(a) Subject to the provisions of subsection (d), if a petition is required or authorized as a part of the procedure applicable to the state as a whole or any legislative election district or to any county, city, school district or other municipality, or part thereof, the provisions of K.S.A. 25-3601 et seq., and amendments thereto, shall apply. The sufficiency of each signature and the number thereof on any such petition shall be determined in accordance with the provisions of K.S.A. 25-3601 through 25-3607, and amendments thereto, by the county election officer or such other official as designated in the applicable statute. Except as provided herein, a copy of any petition requesting an election in any political or taxing subdivision of the state shall be submitted to the office of the county attorney of the county or district attorney of the district in which all or the greater portion of the political or taxing subdivision is located. If a county counselor has been appointed in the county or district, the petition shall be submitted to the county counselor. The petition shall be submitted either by hand-delivery or by certified mail, return receipt requested. Such petition shall contain the question to be submitted at the election. Within five business days following submission of the petition, the county counselor, county attorney or district attorney shall furnish a written advisory opinion as to the legality of the form of the question contained on the petition. There shall be a rebuttable presumption that the form of any question approved by the county counselor, county attorney or district attorney complies with the requirements of this act. If such opinion is not furnished within five days of submission of the question, the form of the question shall be deemed in compliance with the requirements of this act.
If the advisory opinion states that the form of the question contained in the petition does not comply with the requirements of this act, such advisory opinion shall also state specific grounds to support such determination.
Nothing in this subsection shall be construed as prohibiting the circulation of a petition for signatures or the filing of such petition with the county election officer prior to obtaining the advisory opinion required by this subsection.
(b) Any person challenging the validity of the form of a question shall have the burden of proving in the district court that the form of the question is invalid.
(c) The form of any question in a petition requesting an election on or protesting an ordinance, or resolution, adopted by the governing body of any county, city, school district or other municipality shall be presumed to be valid and in compliance with the requirements of K.S.A. 25-3601 et seq., and amendments thereto, if such petition states the title, number and exact language of the ordinance, or resolution, and the title of such petition states:
"Shall the following ordinance, or resolution, become effective?"
(d) When any other statute imposes specific requirements which are different from the requirements imposed by K.S.A. 25-3601 et seq., and amendments thereto, the provisions of the specific statute shall control. The county election officer or other official with whom the petition is required to be filed in accordance with the applicable statute shall give to persons requesting information regarding the filing of petitions a copy of K.S.A. 25-620 and article 36 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto.
(e) Any action challenging the validity of the form of a question in a petition shall be filed in the district court within 20 days after such petition has been filed with the county election officer.
The court shall render an opinion in any action filed to challenge the validity of the form of a question in a petition within 20 days after the date such action is filed with the court.
(f) The provisions of K.S.A. 25-3601 et seq., and amendments thereto, shall not apply to recall petitions as described in K.S.A. 25-4301 et seq., and amendments thereto, or a grand jury petition as described in K.S.A. 22-3001(c), and amendments thereto.
History: L. 1970, ch. 147, § 1; L. 1989, ch. 107, § 4; L. 1992, ch. 194, § 2; L. 2001, ch. 141, § 1; L. 2007, ch. 125, § 3; L. 2017, ch. 92, § 9; July 1.
History: L. 1970, ch. 147, § 1; L. 1989, ch. 106, § 9; Repealed, L. 1990, ch. 128, § 1; July 1.
(a) Each petition shall consist of one or more documents pertaining to a single issue or proposition under one distinctive title. The documents shall be filed with the county election officer or other official, if another official is designated in the applicable statutes. The filing shall be made at one time all in one group. Later or successive filings of documents relating to the same issue or proposition shall be deemed to be separate petitions and not a part of any earlier or later filing.
(b) Unless otherwise specifically required, each petition shall:
(1) State the question which petitioners seek to bring to an election in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A.
25-620
and
25-3601, and amendments thereto;
(2) name the taxing subdivision or other political subdivision in which an election is sought to be held;
(3) contain the following recital above the spaces provided for signatures: "I have personally signed this petition. I am a registered elector of the state of Kansas and of
(here insert name of political or taxing subdivision)
and my residence address is correctly written after my name."
The recital shall be followed by blank spaces for the signature, residence address and date of signing for each person signing the petition.
When petitioners are required by law to possess qualifications in addition to being registered electors, the form of the petition shall be amended to contain a recital specifying the additional qualifications required and stating that the petitioners possess the qualifications; and
(4) contain a recital in substance as follows, at the end of each set of documents carried by each petition circulator as defined in K.S.A.
25-3608, and amendments thereto: "I am the circulator of this petition and I am qualified to circulate this petition and I personally witnessed the signing of the petition by each person whose name appears thereon.
(Signature of circulator)
_______________________________"
(Circulator's residence address)
The recital of the circulator of each petition shall be verified upon oath or affirmation before a notarial officer in the manner prescribed by the revised uniform law on notarial acts.
(c) Any person who has signed a petition who desires to withdraw such person's name may do so by giving written notice to the county election officer or other designated official not later than the third day following the date upon which the petition is filed.
(d) Any petition shall be null and void unless submitted to the county election officer or other designated official within 180 days of the date of the first signature on the petition.
(e) Unless the governing body of the political or taxing subdivision in which the election is sought to be held authorizes a special election, all elections which are called as a result of the filing of a sufficient petition shall be held at the next succeeding primary or general election as defined by K.S.A.
25-2502, and amendments thereto, in which the political or taxing subdivision is participating.
(f) When a petition requires signatures equal in number to a percentage of the total number of registered voters, such percentage shall be based on the most recent number of registered voters as certified to the office of the secretary of state pursuant to K.S.A.
25-2311(g), and amendments thereto.
History: L. 1970, ch. 147, § 2; L. 1976, ch. 190, § 1; L. 1983, ch. 126, § 2; L. 1986, ch. 141, § 1; L. 1990, ch. 129, § 2; L. 1992, ch. 194, § 3; L. 2001, ch. 141, § 2; L. 2001, ch. 211, § 8; L. 2014, ch. 98, § 5; L. 2021, ch. 64, § 33; January 1, 2022.
History: L. 1970, ch. 147, § 3; Repealed, L. 1973, ch. 167, § 2; July 1.
In counties, cities, school districts and other municipalities, or part thereof, where registration of voters is required in the entire territory thereof, the signatures to petitions which assert that the petitioners are "legally qualified electors" or words of like effect in conformity with the applicable statute shall be accepted, by the officer determining the sufficiency of petition signatures, as proper signatures, so long as persons of the same names or ones of such similarity as to reasonably appear to be the same persons are contained in the registration books, and so long as the address of the petitioner is furnished, unless such official has reasonable evidence that the asserted signature in question is not in fact the signature of the person it purports to be, or that the signature though genuine is not the signature of a duly qualified elector. The secretary of state shall adopt rules and regulations for the guidance of county election officers and other officers as specified by law in making determination under this section of sufficient similarity of names on petitions and names in registration books.
History: L. 1970, ch. 147, § 4; March 11.
History: L. 1970, ch. 147, §§ 5, 6; Repealed, L. 1973, ch. 167, § 2; July 1.
In counties, cities, school districts and other municipalities, or part thereof, where registration of voters is required, the registration books shall be conclusive in determining the number of "legally qualified electors," or words of like effect in conformity with the applicable statute.
History: L. 1970, ch. 147, § 7; March 11.
(a) For purposes of this act, "petition circulator" shall mean a person who is:
(1) A United States citizen;
(2) at least 18 years of age; and
(3) has not been convicted of a felony or if convicted of a felony under the law of any state or of the United States, has been pardoned or restored to such person's civil rights.
(b) All petition circulators, whether residents or nonresidents of the state of Kansas, are required to agree to submit to the jurisdiction of the state, including its agencies, political subdivisions and election officials, for purposes of subpoena enforcement regarding the integrity and reliability of the petition process.
History: L. 2014, ch. 98, § 9; May 15.
For the purposes of this act, a "former precinct resident" shall mean a person who is otherwise a qualified elector of the state of Kansas, who has removed from the precinct of his former residence in this state and established residence in another precinct in this state during the thirty (30) days next preceding any election held in the precinct of his former residence. Such person may vote in such election in such precinct of his former residence to the same extent and in the same manner as if he had retained his residence in such precinct, except as otherwise provided in this act.
History: L. 1972, ch. 143, § 1; July 1.
Any such former precinct resident offering to vote in the precinct of such person's former residence, before receiving a ballot shall make an affidavit in writing on a form to be prescribed by the secretary of state, sworn or affirmed before one of the election judges, stating the address or location of former residence, the date of removal therefrom, the address or location of such person's new residence, and that such person has not voted at such election. Such affidavit shall be delivered to the election judges and transmitted to the county election officer with the election returns and supplies. Upon receipt of an affidavit of a former precinct resident, the county election officer shall send to the current address specified on the affidavit, by forwardable first-class mail, a notice that it is necessary to reregister to vote. The notice also shall include voter registration materials if the voter is still a resident of the county of the original registration. The notice authorized by this section shall be on a form prescribed by the secretary of state.
History: L. 1972, ch. 143, § 2; L. 1988, ch. 120, § 3; April 14.
The votes of such former residents shall be subject to challenge for cause to the same extent, and any such challenges shall be determined in the same manner, as provided by law with respect to votes of resident electors.
History: L. 1972, ch. 143, § 3; July 1.
History: L. 1972, ch. 143, § 4; Repealed, L. 1973, ch. 167, § 2; July 1.
Election boards receiving ballots of such former precinct resident voters shall record the names of such voters in the poll books, with the notation "former resident." They shall forward to the county election officer, with the election returns and supplies, any affidavits and statements in lieu of registration submitted by such voters.
History: L. 1972, ch. 143, § 5; July 1.
The county election officer shall send promptly a copy of each affidavit or application for advance voting ballot, received from a former resident voter, to the county election officer of the county to which such former resident has removed, and the latter election officer shall keep the same on file and maintain an alphabetical index thereof for a period of six months after the election.
History: L. 1972, ch. 143, § 6; L. 1973, ch. 167, § 1; L. 1995, ch. 192, § 48; July 1.
(a) At each primary election, the members of the party residing in each precinct in each county of the state shall elect a man from such members as precinct committeeman and a woman from such members as precinct committeewoman. No person shall be eligible to file a declaration of intention to be a candidate for, to be a candidate for or hold the office of precinct committeeman or precinct committeewoman of a party in any precinct unless the person actually resides in such precinct, is a qualified elector and is a member of such party on the party affiliation list maintained in the office of the county election officer. Each precinct committeeman and committeewoman shall assume the duties of precinct committeeman and committeewoman on the day after the primary election and shall not be required to take an oath under K.S.A. 54-106, and amendments thereto.
(b) Except as provided in subsection (c), any vacancy occurring in the office of precinct committeeman or committeewoman shall be filled by appointment by the county chairperson for any vacancy that occurs because the party had no candidate at the primary election shall not be filled until the county central committee has elected or reelected its chairperson. Not later than three days after appointment of precinct committeemen and committeewomen, the county chairperson making the appointments shall notify the county election officer of such appointments and include the name, address, email address, if available, and a phone number or phone numbers, including a mobile phone number, if available, of each appointee in such notification. The county election officer shall make such appointments public immediately upon receipt thereof.
(c) (1) When a convention is to be held under article 39 of chapter 25 of Kansas Statutes Annotated, and amendments thereto, to fill a vacancy, no appointments shall be made under subsection (a):
(A) After the county chairperson has received notice from the county election officer of a vacancy or a pending vacancy in a county elected office; or
(B) after the county chairperson in each county, all or a part of which, is located within a legislative district has received notice from the secretary of state of a vacancy or a pending vacancy in a legislative office.
(2) After the vacancy has been filled by a person elected at a convention held under article 39 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, any vacancy in the office of precinct committeeman or committeewoman shall be filled as provided by subsection (a).
(d) If a precinct committeeman or committeewoman is elected as a write-in candidate, the county clerk shall request from the appropriate county chairperson the name, address, email address, if available, and a phone number or phone numbers, including a mobile phone number, if available, of such elected precinct committeeman or committeewoman.
(e) Each precinct committeeman and committeewoman shall report any changes in such person's name, address, email address and phone numbers to the county election officer not later than 10 days after such change.
(f) The county election officer shall send to the secretary of state within seven days after each primary election in even-numbered years a list of who holds the office of precinct committeeman or committeewoman along with the name, address, phone number and email address, if available, of each such person. The county officer shall report all updates of such information at the time such updates are received to the secretary of state. The secretary of state shall keep an updated list of all precinct committeepersons, including their names, addresses, phone numbers and their email addresses, if available.
(g) As used in this section, "primary election" means the election held on the first Tuesday in August of even-numbered years.
History: L. 1972, ch. 129, § 1; L. 1990, ch. 130, § 3; L. 1999, ch. 64, § 1; L. 2001, ch. 81, § 8; L. 2023, ch. 79, § 55; July 1.
History: L. 1972, ch. 129, § 2; L. 1973, ch. 158, § 1; L. 1978, ch. 145, § 1; L. 1980, ch. 112, § 4; Repealed, L. 1990, ch. 131, § 1; April 5.
History: L. 1972, ch. 129, § 3; L. 1973, ch. 158, § 2; L. 1980, ch. 112, § 5; L. 1989, ch. 110, § 1; Repealed, L. 1990, ch. 131, § 1; April 5.
History: L. 1972, ch. 129, § 4; L. 1973, ch. 157, § 18; L. 1973, ch. 158, § 3; L. 1976, ch. 191, § 1; L. 1976, ch. 192, § 1; L. 1978, ch. 200, § 1; L. 1986, ch. 142, § 1; L. 1988, ch. 123, § 1; Repealed, L. 1990, ch. 131, § 1; April 5.
History: L. 1972, ch. 129, § 5; L. 1973, ch. 157, § 19; L. 1973, ch. 158, § 4; L. 1976, ch. 191, § 2; L. 1976, ch. 192, § 2; L. 1978, ch. 200, § 2; L. 1980, ch. 112, § 6; L. 1986, ch. 142, § 2; L. 1988, ch. 123, § 2; Repealed, L. 1990, ch. 131, § 1; April 5.
History: L. 1972, ch. 129, § 6; L. 1973, ch. 158, § 5; L. 1980, ch. 112, § 7; Repealed, L. 1990, ch. 131, § 1; April 5.
All committee officers elected under this act shall serve for two (2) years and until their successors are elected.
History: L. 1972, ch. 129, § 7; July 1.
Each committee provided for in this act, and its officers, shall have the powers usually exercised by such committees and by the officers thereof, insofar as is consistent with this act. The various officers and committees now in existence shall exercise the powers and perform the duties herein prescribed until their successors are chosen in accordance with this act. The duties of the chairman or secretary of any committee, when the committee is not in session, may be performed by members of such committees selected by such chairman or secretary. Any vacancy in any committee office shall be filled in the same manner as that in which such officer was originally chosen.
History: L. 1972, ch. 129, § 8; July 1.
The provisions of K.S.A. 25-3801 to 25-3808, inclusive, shall apply only to political parties authorized by law to nominate candidates by primary election.
History: L. 1972, ch. 129, § 9; July 1.
History: L. 1972, ch. 129, § 10; L. 1976, ch. 192, § 3; L. 1977, ch. 143, § 1; Repealed, L. 1990, ch. 131, § 1; April 5.
History: L. 1972, ch. 129, § 11; Repealed, L. 1990, ch. 131, § 1; April 5.
As used in this act, unless the context otherwise requires, the words and terms defined in article 25 of chapter 25 of Kansas Statutes Annotated shall have the meaning therein ascribed thereto, to the extent that the same are not in conflict with the following:
(a) "District office" means the office of district judge, district magistrate judge, county commissioner, state representative, state senator, district attorney or county attorney.
(b) "Party" means a political party having a state and national organization and of which the officer or candidate whose position has become vacant was a member.
(c) "Party candidacy" means a candidate of a political party for a party nomination at a primary election or the party candidate at a general election.
(d) "General election" means the election held on the Tuesday succeeding the first Monday in November in even-numbered years.
(e) "Primary election" means the election held on the first Tuesday in August in even-numbered years.
(f) "County chairman" or "county chairperson" means the chairperson of the county central committee, provided to be elected under K.S.A. 25-3802, and amendments thereto, of the political party of which the officer or candidate whose position has become vacant was a member.
History: L. 1972, ch. 131, § 1; L. 1975, ch. 216, § 1; L. 1976, ch. 181, § 14; L. 1981, ch. 115, § 3; L. 1986, ch. 115, § 79; January 12, 1987.
(a) Except as provided in K.S.A. 25-312a, and amendments thereto, when a district convention is provided by law to be held to elect a person to be appointed to fill a vacancy in a district office, the county chairperson designated in subsection (b) or (c), within 21 days of receipt of notice that a vacancy has occurred or will occur, shall call and convene a convention of all committeemen and committeewomen of the party of the precincts in such district for the purpose of electing a person to be appointed by the governor to fill the vacancy. If such county chairperson is absent or for any reason is unable to call, or refuses to call such convention, then the county vice-chairperson shall call the convention and perform the other duties under this section required of such chairperson.
(b) If the district lies within a single county, the county chairperson of such county shall call the convention by mailing a notice, at least seven days before the date of the convention, to each precinct committeeman and committeewoman who is entitled to vote at the convention pursuant to subsection (e).
(c) If all or part of more than one county lies within the district, the county chairperson of the county in which the greatest number of qualified voters of the district reside shall call the convention by mailing a notice of the convention to each county chairperson of the party in each such county at least 10 days before the date of the convention. Such convention shall be held at a location within the district selected by the chairperson calling the convention. Such county chairperson, within three days after receipt of such notice, shall mail notice of the convention to the committeemen and committeewomen in their counties who are entitled to vote at the convention pursuant to subsection (e).
(d) The notice of such convention shall state:
(1) The place where the convention is to be held;
(2) the time when the convention will convene; and
(3) the purpose for which the convention is to be held.
(e) At the time and place fixed for holding the convention, the county chairperson who called the convention shall act as temporary chairperson and shall call the convention to order. One-third of the eligible members of the convention shall constitute a quorum for such election. In the event a quorum is not present at the time and place that such convention is called, the members present shall adjourn the convention to a day and time certain, which shall be not later than 14 days after such adjournment of such convention, and provide for notification of the time and place of such adjourned convention to be given to the eligible members not present. The convention shall organize by electing a permanent chairperson and such other officers as necessary. After the convention is organized, it shall elect a person to be appointed by the governor to fill the vacancy. Such election shall be by secret ballot and the person elected shall be the one who receives the majority of all the votes cast. If no person receives a majority of all votes cast on any ballot, the balloting shall continue until some person receives a majority of all the votes cast. Each committeeman and committeewoman of the party of the precincts in such district shall be entitled to vote. Except as provided in subsection (f), no precinct committeeman or committeewoman shall be represented or shall vote by proxy. The convention may adopt such rules necessary to govern its procedure in making nominations, voting, counting, and canvassing votes and for the conduct of any business which may properly be brought before the convention, but such rules shall not be in conflict with the provisions of this section.
(f) (1) A precinct committeeman or committeewoman may vote by proxy at a convention called pursuant to this section whenever such precinct committeeman or committeewoman is unable to attend the convention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewoman may designate another precinct committeeman or committeewoman to cast such precinct committeeman's or precinct committeewoman's ballot at such convention by proxy. Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast the precinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewoman authorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinct committeewoman's signature that complies with K.S.A. 53-5a17, and amendments thereto.
(g) After a person has been elected to be appointed to fill a vacancy in a district office, the chairperson or vice-chairperson of the convention shall execute a certificate, under oath, stating that such person has been duly elected to be appointed to fill such vacancy and shall transmit such certificate either by hand delivery by a person designated by such chairperson or vice-chairperson or by registered mail, return receipt requested, to the governor and a copy thereof to the secretary of state. If transmitted by registered mail, such certificate and the copy thereof shall be mailed within 24 hours of such election, unless the day following such election is a Sunday or legal holiday, in which case it shall be mailed by the next regular business day. Thereupon, and not later than seven days after such certificate is received in the office of the governor, the governor, or in the governor's absence the lieutenant governor, shall fill such vacancy by appointing to such district office the person so elected. In the event the governor or lieutenant governor fails to appoint any person as required by this subsection after receiving a lawfully executed certificate hereunder, such person shall be deemed to have been so appointed notwithstanding such failure. The person so appointed may qualify and enter upon the duties of the district office immediately after appointment.
History: L. 1972, ch. 131, § 2; L. 1975, ch. 216, § 2; L. 1976, ch. 181, § 15; L. 1990, ch. 130, § 4; L. 1995, ch. 192, § 10; L. 2004, ch. 93, § 9; L. 2021, ch. 64, § 34; January 1, 2022.
(a) When a vacancy occurs in the office of member of the state board of education, the county chairperson designated in subsection (b), (c) or (d), within 21 days of receipt of notice that a vacancy has occurred or will occur shall call and convene a district convention for the purpose of electing a person to be appointed by the governor to fill the vacancy. Such person shall be an elector of the same political party as that of the board member vacating such position and shall reside in the board member district corresponding to such board member position. If such county chairperson is absent or for any reason is unable to call or refuses to call such convention, then the county vice-chairperson shall call the convention and perform the other duties required of such chairperson under this section.
(b) If the board member district lies within a single county, the county chairperson of such county shall call a convention of all precinct committeemen and committeewomen of the party of the precincts in such district in the manner provided by K.S.A. 25-3902(b) and (d), and amendments thereto, and such convention shall be conducted as provided in subsection (e).
(c) If all or part of more than one and less than five counties lie within the board member district, the county chairperson of the county in which the greatest number of qualified voters of the district reside shall call a convention of all precinct committeemen and committeewomen of the party of the precincts in such district in the manner provided by K.S.A. 25-3902(c) and (d), and amendments thereto, and such convention shall be conducted as provided in subsection (e). Such convention shall be held at a location within the district selected by the chairperson calling the convention.
(d) If all or part of five or more counties lie within the board member district, the county chairperson of the county in which the greatest number of qualified voters of the district reside shall call a convention of all county chairpersons and vice-chairpersons of the party of the counties in such district. Such convention shall be held at a location within the district selected by the chairperson calling the convention. Such county chairperson shall call the convention by mailing a notice to each such county chairperson and vice-chairperson, at least seven days before the date of the convention. Such notice shall state: (1) The place where the convention is to be held; (2) the time when the convention will convene; and (3) the purpose for which the convention is to be held, and such convention shall be conducted as provided in subsection (e).
(e) At the time and place fixed for holding the convention, the county chairperson who called the convention shall act as temporary chairperson and shall call the convention to order. One-third of the eligible members of the convention shall constitute a quorum for such election. In the event a quorum is not present at the time and place that such convention is called, the members present shall adjourn the convention to a day and time certain, which shall be not later than 14 days after adjournment of such convention, and provide for notification of the time and place of such adjourned convention to be given to the eligible members not present. The convention shall proceed to organize by electing a permanent chairperson and such other officers as necessary. After the convention is organized, it shall proceed to elect a person to be appointed by the governor to fill the vacancy. Such election shall be by secret ballot and the person elected shall be the one who shall receive the majority of all the votes cast. If no person receives a majority of all votes cast on any ballot, the balloting shall continue until some person receives a majority of all the votes cast. Each county chairperson and vice-chairperson of the party of the counties in such district shall be entitled to vote. Except as provided in subsection (f), no county chairperson or vice-chairperson shall be represented or shall vote by proxy. The convention may adopt such rules as necessary to govern its procedure in making nominations, voting, counting and canvassing votes and for the conduct of any business which may properly be brought before the convention, but such rules shall not be in conflict with the provisions of this section.
(f) (1) A precinct committeeman or committeewoman who serves as county chairperson or vice-chairperson may vote by proxy at a convention called pursuant to this section whenever such precinct committeeman or committeewoman is unable to attend the convention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewoman may designate another precinct committeeman or committeewoman to cast such precinct committeeman's or precinct committeewoman's ballot at such convention by proxy. Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast the precinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewoman authorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinct committeewoman's signature which complies with K.S.A. 53-5a17, and amendments thereto.
(g) After a person has been elected to be appointed to fill a vacancy in the office of member of the state board of education, the chairperson or vice-chairperson of the convention shall execute a certificate, under oath, stating that such person has been duly elected to be appointed to fill such vacancy and shall transmit such certificate to the governor. Thereupon, and not later than seven days after such certificate is received in the office of the governor, the governor, or in the governor's absence the lieutenant governor, shall fill such vacancy by appointing to the office of member of the state board of education the person so elected. In the event the governor or lieutenant governor fails to appoint any person as required by this subsection after receiving a lawfully executed certificate hereunder, such person shall be deemed to have been so appointed notwithstanding such failure. The person so appointed may qualify and enter upon the duties of office immediately after appointment.
(h) A person shall be elected to be appointed to fill a vacancy in the office of member of the state board of education within 35 days after such vacancy occurs. If no person is so elected within the 35-day period, the governor shall fill such vacancy by appointment of an elector of the same political party as that of the board member vacating such position and who resides in the board member district corresponding to such board member position. The person so appointed may qualify and enter upon the duties of office immediately after appointment.
History: L. 1975, ch. 216, § 4; L. 1975, ch. 217, § 3; L. 1990, ch. 130, § 5; L. 1995, ch. 192, § 11; L. 2004, ch. 93, § 10; L. 2021, ch. 64, § 35; January 1, 2022.
Whenever a vacancy occurs in the office of state representative or state senator such vacancy shall be filled by appointment by the governor of the person elected to be so appointed by a district convention held as provided in K.S.A. 25-3902. Whenever a vacancy occurs in the office of member of the state board of education, such vacancy shall be filled in the manner provided for in K.S.A. 25-3902a.
History: L. 1972, ch. 131, § 3; L. 1975, ch. 216, § 3; L. 1975, ch. 217, § 2; May 6.
When a written resignation from a district office as defined in K.S.A. 25-3901, and amendments thereto, has been filed with the secretary of state or other officer provided by law, and at the time it is filed there is 10 or more days before it is to become effective, the county chairperson responsible for calling a convention for the purpose of filling the vacancy thereby created may call and hold the convention without further delay.
History: L. 1990, ch. 130, § 11; July 1.
(a) When a district convention is provided by law to be held to elect a person to fill a vacancy in a party candidacy for a district office, the county chairperson designated in subsection (b) or (c), within 14 days of the receipt of the notice that the vacancy has occurred or will occur shall call and convene a convention of all committeemen and committeewomen of the political party from the precincts in such district. If such county chairperson is absent or for any reason is unable to call, or refuses to call such convention, then the corresponding county vice-chairperson shall call the convention and perform the other duties under this section required of such chairperson.
(b) If the district lies within a single county, the county chairperson of such county shall call the convention by mailing a notice at least seven days before the date of the convention to the committeemen and committeewomen in such county who are entitled to vote at such convention pursuant to subsection (e).
(c) If all or part of more than one county lies within the district, the county chairperson of the county in which the greatest number of qualified voters of the district reside shall call the convention by mailing a notice of such convention to each county chairperson of the party in each such county, at least 10 days before the date of the convention. Such convention shall be held at a location within the district selected by the chairperson calling the convention. Such county chairpersons shall, within three days after receipt of such notice, mail notice of such convention to the committeemen and committeewomen in their counties who are entitled to vote at such convention pursuant to subsection (e).
(d) The notice of such convention shall state: (1) The place where the convention is to be held; (2) the time when the convention will convene; and (3) the purpose for which the convention is to be held.
(e) At the time and place fixed for holding the convention, the county chairperson who called the convention shall act as temporary chairperson and shall call the convention to order. One-third of the eligible members of the convention shall constitute a quorum for such election. In the event a quorum is not present at the time and place that such convention is called, the members present shall adjourn the convention to a day and time certain, which shall not be later than six days after such adjournment of such convention, and provide for notification of the time and place of such adjourned convention to be given to the eligible members not present. The convention shall organize by electing a permanent chairperson and such other officers as necessary. After the convention is organized, it shall elect a person to fill such vacancy in the party candidacy. Such election shall be by secret ballot and the person elected shall be the one who receives the majority of all the votes cast. If no person receives a majority of all votes cast on any ballot, the balloting shall continue until some person receives a majority of all the votes cast. Each committeeman and committeewoman of the party of the precincts in such district shall be entitled to vote. Except as provided in subsection (f), no precinct committeeman or committeewoman shall be represented or shall vote by proxy. The convention may adopt rules as necessary to govern its procedure in making nominations, voting, counting and canvassing votes and for the conduct of any business which may properly be brought before the convention, but such rules shall not be in conflict with the provisions of this section.
(f) (1) A precinct committeeman or committeewoman may vote by proxy at a convention called pursuant to this section whenever such precinct committeeman or committeewoman is unable to attend the convention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewoman may designate another precinct committeeman or committeewoman to cast such precinct committeeman's or precinct committeewoman's ballot at such convention by proxy. Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast the precinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewoman authorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinct committeewoman's signature which complies with K.S.A. 53-5a17, and amendments thereto.
(g) After a person has been elected to fill a vacancy in a party candidacy for a district office, the chairperson or vice-chairperson of the convention shall execute a certificate, under oath, stating that such person has been duly elected to fill such vacancy and that such person has agreed to accept the nomination. The person elected to fill such vacancy shall execute a notarized written statement stating that such person agrees to accept the nomination. The chairperson or vice-chairperson shall transmit such certificate to the secretary of state or appropriate county election officer, as the case may be, within 21 days of receipt of the notice that the vacancy has occurred or will occur.
(h) For the purposes of this section, the word "shall" imposes a mandatory duty and no court may construe that word in any other way.
History: L. 1972, ch. 131, § 4; L. 1975, ch. 216, § 5; L. 1990, ch. 130, § 6; L. 1992, ch. 237, § 8; L. 1995, ch. 192, § 12; L. 2004, ch. 93, § 11; L. 2015, ch. 88, § 3; L. 2021, ch. 64, § 36; January 1, 2022.
(a) When a vacancy occurs in a party candidacy for the office of member of the state board of education, the county chairperson designated in subsection (b), (c) or (d), within 10 days of receipt of notice that the vacancy has occurred or will occur, shall call and convene a district convention for the purpose of electing a person to fill such vacancy. If such county chairperson is absent or for any reason is unable to call or refuses to call such convention, then the county vice-chairperson shall call the convention and perform the other duties required of such chairperson under this section.
(b) If the board member district lies within a single county, the county chairperson of such county shall call a convention of all precinct committeemen and committeewomen of the party of the precincts in such district in the manner provided by K.S.A. 25-3904(b) and (d), and amendments thereto, and such convention shall be conducted in the manner provided in K.S.A. 25-3904(e), and amendments thereto.
(c) If all or part of more than one and less than five counties lie within the board member district, the county chairperson of the county in which the greatest number of qualified voters of the district reside shall call a convention of all precinct committeemen and committeewomen of the party of the precincts in such district in the manner provided by K.S.A. 25-3904(c) and (d), and amendments thereto, and such convention shall be conducted as provided in K.S.A. 25-3904(e), and amendments thereto. Such convention shall be held at a location within the district selected by the chairperson calling the convention.
(d) If all or part of five or more counties lie within the board member district, the county chairperson of the county in which the greatest number of qualified voters of the district reside shall call a convention of all county chairpersons and vice-chairpersons of the party of the counties in such district. Such convention shall be held at a location within the district selected by the chairperson calling the convention. Such county chairperson shall call the convention by mailing a notice to each such county chairperson and vice-chairperson at least seven days before the date of the convention. Such notice shall state: (1) The place where the convention is to be held; (2) the time when the convention will convene; and (3) the purpose for which the convention is to be held.
(e) At the time and place fixed for holding the convention, the county chairperson who called the convention shall act as temporary chairperson and shall call the convention to order. One-third of the eligible members of the convention shall constitute a quorum for such election. In the event a quorum is not present at the time and place that such convention is called, the members present shall adjourn the convention to a day and time certain, which shall be not later than three days after such adjournment of such convention and provide for notification of the time and place of such adjourned convention to be given to the eligible members not present. The convention shall proceed to organize by electing a permanent chairperson and such other officers as necessary. After the convention is organized, it shall proceed to elect a person to fill the vacancy in the party candidacy. Such election shall be by secret ballot and the person elected shall be the one who shall receive the majority of all the votes cast. If no person receives a majority of all votes cast on any ballot, the balloting shall continue until some person receives a majority of all the votes cast. Each county chairperson and vice-chairperson of the party of the counties in such district shall be entitled to vote. Except as provided in subsection (f), no county chairperson or vice-chairperson shall be represented or shall vote by proxy. The convention may adopt rules necessary to govern its procedure in making nominations, voting, counting and canvassing votes and for the conduct of any business which may properly be brought before the convention, but such rules shall not be in conflict with the provisions of this section.
(f) (1) A precinct committeeman or committeewoman who serves as county chairperson or vice-chairperson may vote by proxy at a convention called pursuant to this section whenever such precinct committeeman or committeewoman is unable to attend the convention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewoman may designate another precinct committeeman or committeewoman to cast such precinct committeeman's or precinct committeewoman's ballot at such convention by proxy. Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast the precinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewoman authorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinct committeewoman's signature which complies with K.S.A. 53-5a17, and amendments thereto.
(g) After a person has been elected to fill a vacancy in a party candidacy for the office of member of the state board of education, the chairperson or vice-chairperson of the convention shall execute a certificate, under oath, stating that such person has been duly elected to fill such vacancy and that such person has agreed to accept the nomination. The person elected to fill such vacancy shall execute a notarized written statement stating that such person agrees to accept the nomination. The chairperson or vice-chairperson shall transmit such certificate to the secretary of state, within 14 days of receipt of the notice that the vacancy has occurred or will occur.
(h) For the purposes of this section, the word "shall" imposes a mandatory duty and no court may construe that word in any other way.
History: L. 1975, ch. 216, § 6; L. 1990, ch. 130, § 7; L. 1992, ch. 237, § 9; L. 1995, ch. 192, § 13; L. 2004, ch. 93, § 12; L. 2015, ch. 88, § 4; L. 2021, ch. 64, § 37; January 1, 2022.
(a) When a vacancy occurs after a primary election in a party candidacy, such vacancy shall be filled by the party committee of the congressional district, county or state, as the case may be, except if the vacancy is in a party candidacy for a district office or for the office of member of the state board of education, it shall be filled by district convention held as provided in K.S.A. 25-3904, and amendments thereto, or as provided in K.S.A. 25-3904a, and amendments thereto, and except as otherwise provided in subsection (c). The meeting or convention shall be called and convened by the party committee chairperson or vice-chairperson within 10 days of receipt of the notice that the vacancy has occurred or will occur. If only one political party nominates a candidate at the primary election and thereafter a vacancy occurs in such party candidacy, any political party may fill such vacancy in the manner specified in this section.
(b) In addition to other vacancies in party candidacies to which this section applies, this section shall also apply when a vacancy occurs in an office, and it is provided by law that such vacancy shall be filled by appointment until the next general election at which time a person is to be elected to fill the unexpired term, or words of like effect, and such vacancy occurs after the primary election.
(c) When a vacancy occurs after a primary election in a party candidacy for governor or lieutenant governor, a vacancy shall thereby also occur for the other of such two offices. Such vacancies shall be filled by a state party delegate convention. The convention shall be called by the state party chairperson. The delegates to the convention shall be the state party committee members, and the officers of the convention shall be the officers of the state party committee. At such convention the vote to fill such vacancies shall be taken such that each convention vote shall be for a candidate for governor and lieutenant governor running together. If the initial vacancy that has occurred is for the office of lieutenant governor, the person who is the candidate for governor of such pair of candidates shall be the only governor candidate at such convention.
(d) After a person has been elected to fill a vacancy in a party candidacy pursuant to this section, the chairperson or vice-chairperson of the party committee shall execute a certificate, under oath, stating that such person has been duly elected to fill such vacancy and that such person has agreed to accept the nomination. The person elected to fill such vacancy shall execute a notarized written statement stating that such person agrees to accept the nomination. The chairperson or vice-chairperson shall transmit such certificate and the nominee's written statement accepting the nomination to the secretary of state or appropriate county election officer, as the case may be, within 14 days of receipt of the notice that the vacancy has occurred or will occur.
(e) For the purposes of this section, the word "shall" imposes a mandatory duty and no court may construe that word in any other way.
History: L. 1972, ch. 131, § 5; L. 1973, ch. 153, § 24; L. 1975, ch. 216, § 7; L. 1990, ch. 130, § 8; L. 2015, ch. 88, § 5; July 1.
(a) When a vacancy in a party candidacy for any national, state, district or county elective office occurs under the circumstances specified in this section, such vacancy shall be filled by the party committee of the congressional district, county or state, as the case may be, except that if such vacancy is in a party candidacy for a district office or for the office of member of the state board of education, it shall be filled by district convention held as provided in K.S.A. 25-3904, and amendments thereto, or as provided in K.S.A. 25-3904a, and amendments thereto, and except as otherwise provided in subsection (d) and (e). Such convention shall be called within 10 days of notice that a vacancy has occurred or will occur.
(b) This section shall apply to any vacancy in a party candidacy which occurs after the closing time for filing to be a candidate specified in K.S.A. 25-205, and amendments thereto, and prior to or on the day of the primary election, if such occurrence results in a political party not having a primary candidate for such office.
(c) This section shall apply when a vacancy occurs in an office, and it is provided by law that such vacancy shall be filled by appointment until the next general election at which time a person is to be elected to fill the unexpired term, or words of like effect, and such vacancy occurs during the period specified in subsection (b).
(d) When a vacancy occurs during the period specified in subsection (b) in a party candidacy for governor or lieutenant governor, and the occurrence results in a political party not having a pair of primary candidates for governor and lieutenant governor, a vacancy shall thereby also occur for the other of such two offices. Such vacancies shall be filled by a state party delegate convention. The convention shall be called by the state party chairperson. The delegates to the convention shall be the state party committee members, and the officers of the convention shall be the officers of the state party committee. At such convention the vote to fill such vacancies shall be taken such that each convention vote shall be for a candidate for governor and lieutenant governor running together. If the initial vacancy that has occurred is for the office of lieutenant governor, the person who is the candidate for governor of such pair of candidates shall be the only governor candidate at such convention.
(e) When there is more than one pair of candidates for governor and lieutenant governor of the same party, and a vacancy occurs during the period specified in subsection (b) in a candidacy for lieutenant governor of such party, and the occurrence results in a governor candidate not having a lieutenant governor candidate, such vacancy shall be filled by the candidate for governor of such pair of candidates designating a candidate for lieutenant governor to be the running mate.
History: L. 1972, ch. 131, § 6; L. 1973, ch. 153, § 25; L. 1975, ch. 216, § 8; L. 1990, ch. 130, § 9; July 1.
The provisions of this act shall not apply to city, school district or community junior college elections, nor to the election of township officers, nor to elections upon the question of retaining a justice of the supreme court.
History: L. 1972, ch. 131, § 10; March 24.
Whenever vacancies for candidates for governor and lieutenant governor are filled under subsection (c) of K.S.A. 25-3905, as amended, or under subsection (d) of K.S.A. 25-3906, as amended, the convention chairman shall notify the secretary of state in writing thereof within twenty-four (24) hours. Whenever a vacancy in the candidacy for lieutenant governor is filled under subsection (e) of K.S.A. 25-3906, as amended, the governor candidate so designating shall notify the secretary of state thereof in writing.
History: L. 1973, ch. 153, § 26; July 1.
The governor, lieutenant governor, secretary of state, attorney general, state treasurer and commissioner of insurance shall be elected for terms of four (4) years, to begin on the second Monday of January next after their election, and until their successors are elected and qualified.
History: L. 1973, ch. 153, § 1; L. 1977, ch. 135, § 2; July 1.
Except as otherwise provided in this act, election laws applicable to other state officers elected from the state as a whole shall apply to the nomination and election of the governor and lieutenant governor, secretary of state and attorney general.
History: L. 1973, ch. 153, § 2; July 1.
The candidates for governor and lieutenant governor shall be nominated and elected jointly as provided in this act.
History: L. 1973, ch. 153, § 3; July 1.
The provisions of K.S.A. 25-205, and amendments thereto, shall not apply to the offices of governor and lieutenant governor. The names of candidates for governor and lieutenant governor shall be printed upon the official primary ballot when each pair thereof shall have qualified to become candidates in one or the other of the following methods:
(a) Nomination petitions shall be filed on their behalf, not later than 12 noon, June 1, prior to such primary election, or if such date falls on Saturday, Sunday or a legal holiday, then before 12 noon the following business day, as provided for in K.S.A. 25-4005, and amendments thereto; or
(b) such persons shall have filed not later than the time for filing nomination petitions, as provided in paragraph (a), with the secretary of state, a declaration of intention to become candidates accompanied by a fee as provided in K.S.A. 25-4006, and amendments thereto.
History: L. 1973, ch. 153, § 4; L. 1984, ch. 144, § 1; L. 2011, ch. 47, § 3; L. 2023, ch. 79, § 56; July 1.
(a) The nomination petitions described 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 nomination petition 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 petitions shall have substantially the foregoing form, written 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.
(b) Each signer of a nomination petition shall sign only one such petition for governor and lieutenant governor, and shall declare that such signer intends to support the candidates named in such petition. The signer's residence, including the street and number, if any, or such address as otherwise shown on such signer's registration shall be included with such signer's signature. 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 such marks shall be continuous and clearly made. Such sheets shall not be cut or pasted together.
(c) (1) All signers of each separate nomination petition shall reside in the same county. The affidavit of a petition circulator, as defined in K.S.A. 25-3608, and amendments thereto, shall be appended to each such nomination petition, stating that to the best of such petition circulator's knowledge and belief:
(A) All the signers thereof are qualified electors of that county;
(B) such signers signed the petition with full knowledge of the contents thereof;
(C) such signers' respective residences are correctly stated therein;
(D) each signer signed the petition on the date stated opposite such signer's name; and
(E) the affiant intends to support the candidates therein named.
(2) Such affidavit shall be prima facie evidence of the facts stated in such affidavit.
(d) Such nomination petition 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.
History: L. 1973, ch. 153, § 9; L. 1991, ch. 104, § 1; L. 2002, ch. 146, § 7; L. 2014, ch. 98, § 6; L. 2023, ch. 79, § 57; July 1.
The provisions of K.S.A. 25-206, and amendments thereto, shall not apply to the offices of governor and lieutenant governor. When candidates for governor and lieutenant governor in lieu of nomination petitions shall file a joint declaration of intention to become candidates for such offices the accompanying fee shall be a sum equal to the total of 1% of one year's salary for governor and 1% of one year's salary for lieutenant governor, as determined by the secretary of state. Amounts received under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
Such declaration shall be prescribed by the secretary of state, and shall be attested before the secretary of state or a deputy secretary of state.
History: L. 1973, ch. 153, § 10; L. 1989, ch. 106, § 10; L. 2001, ch. 5, § 86; July 1.
The office of auditor of state is hereby abolished on January 13, 1975.
History: L. 1973, ch. 153, § 29; July 1.
History: L. 1974, ch. 166, § 1; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 2; L. 1975, ch. 209, § 1; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 3; L. 1975, ch. 209, § 2; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 4; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 5; L. 1975, ch. 209, § 3; L. 1979, ch. 110, § 1; L. 1980, ch. 110, § 5; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 6; L. 1979, ch. 111, § 7; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 7; L. 1975, ch. 209, § 4; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 8; L. 1975, ch. 209, § 5; L. 1979, ch. 111, § 1; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 9; L. 1975, ch. 209, § 7; L. 1976, ch. 193, § 1; L. 1979, ch. 111, § 8; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 10; L. 1975, ch. 209, § 8; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 11; L. 1975, ch. 209, § 9; L. 1979, ch. 111, § 2; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1979, ch. 110, § 2; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 12; L. 1975, ch. 209, § 14; L. 1976, ch. 193, § 2; L. 1976, ch. 181, § 16; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 13; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 14; L. 1975, ch. 209, § 15; Repealed, L. 1976, ch. 193, § 3; April 12.
History: L. 1974, ch. 166, § 15; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 16; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 17; L. 1975, ch. 209, § 16; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 18; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 19; L. 1974, ch. 167, § 1; Repealed, L. 1975, ch. 272, § 25; July 1.
(a) There is hereby created the Kansas public disclosure commission.
(b) On and after July 1, 2025, the Kansas governmental ethics commission is hereby redesignated as the Kansas public disclosure commission. Whenever the Kansas governmental ethics commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas public disclosure commission. Nothing in this act shall be construed as abolishing and reestablishing the Kansas governmental ethics commission.
(c) The Kansas public disclosure commission shall consist of nine members of whom two shall be appointed by the governor, one by the president of the senate, one by the speaker of the house of representatives, one by the minority leader of the house of representatives, one by the minority leader of the senate, one by the chief justice of the supreme court, one by the attorney general and one by the secretary of state. Nothing in this act shall be construed as affecting the terms of members serving on July 1, 2025. Not more than five members of the commission shall be members of the same political party and the two members appointed by the governor shall not be members of the same political party.
(d) The terms of all subsequently appointed members shall be two years commencing on February 1 of the appropriate years. Vacancies occurring on the commission shall be filled for the unexpired term by the same appointing officer as made the original appointment. Members shall serve until their successors are appointed and qualified. The governor shall designate one of the members appointed by the governor to be the chairperson of the commission. A majority vote of five members of the commission shall be required for any action of the commission. The commission may adopt rules to govern its proceedings and may provide for such officers other than the chairperson as it may determine. The commission shall meet at least once each quarter, and also shall meet on call of its chairperson or any four members of the commission. Members of the commission attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223(a) through (d), and amendments thereto.
(e) The commission shall appoint an executive director who shall be in the unclassified service and receive compensation fixed by the commission, in accordance with appropriation acts of the legislature, subject to approval by the governor. The commission may employ such other staff and attorneys as it determines, within amounts appropriated to the commission, all of whom shall be in the unclassified service and shall receive compensation fixed by the commission and not subject to approval by the governor.
(f) The commission may adopt rules and regulations for the administration of the campaign finance act. Subject to K.S.A. 25-4178, and amendments thereto, rules and regulations adopted by the commission created prior to July 1, 2025, shall continue in force and effect and shall be deemed to be the rules and regulations of the commission until revised, amended, repealed or nullified pursuant to law. All rules and regulations of the commission shall be subject to the provisions of article 4 of chapter 77 of Kansas Statutes Annotated. The commission shall continue to administer all of the acts administered by the commission to which it is successor.
(g) The commission may provide copies of opinions, informational materials compiled and published by the commission and public records filed in the office of the commission to persons requesting the same and may adopt rules and regulations fixing reasonable fees therefor. All fees collected by the commission under the provisions of this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas public disclosure commission fee fund.
(h) The commission shall submit an annual report and recommendations in relation to all acts administered by the commission to the governor and to the legislative coordinating council on or before December 1 of each year. The legislative coordinating council shall transmit such report and recommendations to the legislature.
History: L. 1975, ch. 272, § 14; L. 1979, ch. 112, § 1; L. 1981, ch. 171, § 39; L. 1986, ch. 143, § 1; L. 1990, ch. 306, § 6; L. 1991, ch. 150, § 1; L. 1992, ch. 116, § 25; L. 1998, ch. 117, § 1; L. 2001, ch. 5, § 87; L. 2025, ch. 65, § 2; July 1.
(a) All of the powers, duties and functions of the Kansas governmental ethics commission are hereby transferred to and conferred and imposed upon the Kansas public disclosure commission created by K.S.A. 25-4119a, and amendments thereto.
(b) The Kansas public disclosure commission shall be the successor in every way to the powers, duties and functions of the Kansas governmental ethics commission in which the same were vested prior to July 1, 2025.
(c) Subject to K.S.A. 25-4178, and amendments thereto, all opinions rendered pursuant to K.S.A. 25-4120 and 46-254, and amendments thereto, by the Kansas governmental ethics commission prior to July 1, 2025, shall continue to be in force and effect and shall be deemed to be opinions of the Kansas public disclosure commission until revised, amended or nullified pursuant to law.
(d) The Kansas public disclosure commission shall be a continuation of the Kansas governmental ethics commission.
History: L. 1975, ch. 272, § 15; L. 1981, ch. 171, § 40; L. 2025, ch. 65, § 3; July 1.
History: L. 1979, ch. 112, § 2; Repealed, L. 1981, ch. 171, § 51; July 1.
(a) From and after the effective date of this act, no person shall be appointed to membership on the commission who has held the office of chairperson, vice chairperson or treasurer of any county, district or state political party committee, or who within five years preceding the date of such appointment has been a candidate for or the holder of any partisan political office or who has within three years preceding the date of such appointment: (1) Held an elective state office; (2) held the office of secretary of any department of state government; (3) been a lobbyist as defined by K.S.A. 46-222, and amendments thereto; (4) been an officer or employee who directly participated in the making of a contract on behalf of a vendor of goods and services with the state of Kansas or any agency thereof; or (5) provided services under contract to the state of Kansas or any agency thereof.
(b) While serving on the commission created by K.S.A. 25-4119a, and amendments thereto, no member shall: (1) Be an individual subject to the provisions of the campaign finance law or the provisions of K.S.A. 46-215 et seq., and amendments thereto, administered or enforced by the commission; (2) serve as a chairperson or treasurer for any candidate or committee subject to the provisions of the campaign finance act; (3) actively solicit contributions subject to the provisions of the campaign finance act; (4) be a lobbyist as defined by K.S.A. 46-222, and amendments thereto; (5) be an officer or employee who directly participated in the making of a contract on behalf of a vendor of goods and services with the state of Kansas or any agency thereof; (6) provide services under contract to the state of Kansas or any agency thereof; (7) be a candidate for or the holder of any partisan political office; (8) be the chairperson, vice chairperson or treasurer of any county, district or state political party committee; (9) directly or indirectly solicit contributions for any partisan political party or any organization thereof or any candidate for partisan political office; or (10) endorse any candidate for any partisan political office subject to the provisions of this act.
(c) Whenever any member of the commission is ineligible to serve as a member thereof under the provisions of subsections (a) and (b) of this section, the membership of such person shall terminate and such person shall no longer be eligible to participate in any action or proceeding by the commission. Such vacancy shall be filled in the manner prescribed by K.S.A. 25-4119a, and amendments thereto.
History: L. 1979, ch. 110, § 3; L. 1981, ch. 171, § 41; L. 1990, ch. 306, § 7; L. 1991, ch. 150, § 2; L. 1993, ch. 244, § 1; April 29.
(a) There is hereby established in the state treasury the Kansas public disclosure commission fee fund. All moneys credited to such fund shall be used for the operations of the commission in the performance of powers, duties and functions prescribed by law. All expenditures from such fund shall be made in accordance with the provisions of appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or the chairperson's designee.
(b) On July 1, 2025, the governmental ethics commission fee fund is hereby redesignated as the Kansas public disclosure commission fee fund of the Kansas public disclosure commission.
History: L. 1991, ch. 150, § 3; L. 1998, ch. 117, § 2; L. 2025, ch. 65, § 4; July 1.
(a) In addition to any other fee required by law, every person becoming a candidate for the following offices shall pay a fee at the time of filing for such office in the amount prescribed by this section:
(b) The secretary of state shall remit all fees received by that office to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. County election officers receiving fees in accordance with this section shall remit such fees to the county treasurer of the county who shall quarterly remit the same to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas public disclosure commission fee fund.
History: L. 1991, ch. 150, § 4; L. 1993, ch. 32, § 1; L. 1994, ch. 144, § 1; L. 1995, ch. 192, § 15; L. 1998, ch. 117, § 3; L. 2000, ch. 168, § 1; L. 2001, ch. 5, § 88; L. 2015, ch. 85, § 4; L. 2025, ch. 65, § 5; July 1.
The commission shall prepare a statement of fair campaign practices to assist candidates in the proper conduct of election campaigns. A copy of such statement shall be mailed by the commission to each candidate at the time of the receipt of notice of appointment of a treasurer or candidate committee by such candidate.
History: L. 1991, ch. 150, § 49; July 1.
(a) The provisions of the Kansas administrative procedure act, the Kansas code of civil procedure and the Kansas judicial review act shall apply to actions by the governmental ethics commission or commission staff, including, but not limited to, applications for judicial relief in district court. All actions filed by the commission in district court pursuant to this act shall constitute a claim for purposes of the Kansas public speech protection act.
(b) Any action before the commission shall be brought within five years of the act giving rise to the cause of action or complaint.
(c) No action by the commission, including, but not limited to, the issuance of any consent order, order dismissing a complaint or any other preliminary or final order by the commission, shall require a respondent to waive any civil or legal rights to judicial recourse in any manner.
(d) The commission shall provide by rules and regulations the standards by which any member of the commission, the executive director or any other person employed or engaged by the commission shall recuse themselves from any matter before the commission by reason of a conflict of interest, appearance of impropriety or other basis affecting the ability of the commission to neutrally and fairly enforce the campaign finance act.
History: L. 2023, ch. 23, § 1; April 20.
History: L. 1974, ch. 166, § 20; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 21; L. 1975, ch. 209, § 17; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, §§ 22, 23; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 24; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, §§ 25, 26; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 27; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 28; L. 1975, ch. 209, § 18; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 29; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, §§ 30, 31; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, § 32; Repealed, L. 1976, ch. 193, § 3; April 12.
History: L. 1974, ch. 166, § 33; L. 1975, ch. 209, § 20; L. 1979, ch. 111, § 3; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1974, ch. 166, §§ 36, 37; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1975, ch. 209, § 6; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1975, ch. 209, § 10; L. 1978, ch. 146, § 2; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1975, ch. 209, § 11; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1975, ch. 209, §§ 12, 13; L. 1979, ch. 111, §§ 4, 5; Repealed, L. 1981, ch. 171, § 51; July 1.
History: L. 1975, ch. 209, § 19; L. 1979, ch. 111, § 6; Repealed, L. 1981, ch. 171, § 51; July 1.
K.S.A. 25-4119a through 25-4189, and amendments thereto, shall be known and may be cited as the campaign finance act.
History: L. 1981, ch. 171, § 1; L. 1989, ch. 111, § 7; L. 1991, ch. 150, § 5; L. 2000, ch. 124, § 11; L. 2025, ch. 65, § 6; July 1.
As used in the campaign finance act, unless the context otherwise requires:
(a) "Agent" means an individual who is:
(1) A candidate;
(2) a chairperson of a candidate, political or party committee;
(3) a treasurer; or
(4) any director, officer, employee, paid consultant or other person who is authorized to act on behalf of persons listed in this subsection.
(b) "Candidate" means an individual who:
(1) Appoints a treasurer or a candidate committee;
(2) makes a public announcement of intention to seek nomination or election to state or local office;
(3) makes any expenditure or accepts any contribution for such person's nomination or election to any state or local office; or
(4) files a declaration or petition to become a candidate for state or local office.
(c) "Candidate committee" means a committee appointed by a candidate to receive contributions and make expenditures for the candidate.
(d) "Clearly identified candidate" means a candidate who has been identified by the:
(1) Use of the name of the candidate;
(2) use of a photograph or drawing of the candidate; or
(3) unambiguous reference to the candidate whether or not the name, photograph or drawing of such candidate is used.
(e) "Commission" means the governmental ethics commission.
(f) (1) "Contribution" means:
(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value given to a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;
(B) any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;
(C) a transfer of funds between any two or more candidate committees, party committees or political committees;
(D) the payment, by any person other than a candidate, candidate committee, party committee or political committee, of compensation to an individual for the personal services rendered without charge to or for a candidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in journals or programs for, testimonial events; or
(F) a mailing of materials designed to expressly advocate the nomination, election or defeat of a clearly identified candidate, which is made and paid for by a party committee with the consent of such candidate.
(2) "Contribution" does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer related to the rendering of volunteer services not exceeding a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149, and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel by personal automobile of the candidate or candidate's spouse while campaigning; or
(D) the value of goods donated to events such as testimonial events, bake sales, garage sales and auctions by any person not exceeding a fair market value of $50 per event.
(g) (1) "Cooperation or consent" means, with respect to expenditures:
(A) An express advocacy expenditure that is created, produced or distributed at the request or recommendation of a candidate, candidate committee or party committee; or
(B) an express advocacy expenditure that is created, produced or distributed at the recommendation of a person who is paying for such express advocacy and the candidate, candidate committee or party committee assents to such recommendation.
(2) "Cooperation or consent" does not include:
(A) A candidate's or a political party's response to an inquiry about such candidate's or political party's positions on legislative or policy issues;
(B) an expenditure for which the information material to the creation, production, distribution or undertaking of the expenditure was obtained from a publicly available source;
(C) an endorsement of a candidate;
(D) soliciting contributions for any committee;
(E) an expenditure for the use of a commercial vendor or to a former employee of the candidate by the person making the expenditure if:
(i) The commercial vendor or former employee has provided political services to such candidate during the 120 days immediately preceding such expenditure;
(ii) a firewall is established and implemented by the person making the expenditure; and
(iii) the firewall is designed and implemented to prohibit the flow of information between employees or consultants providing services for the person making the expenditure and those employees or consultants who are currently providing or previously provided services to such candidate; and
(F) an expenditure for the use of a commercial vendor or to a former employee of the candidate by the person making the expenditure and the commercial vendor or former employee has not provided political services to such candidate during the 120 days immediately preceding such expenditure.
(h) "Election" means:
(1) A primary or general election for state or local office; and
(2) a convention or caucus of a political party held to nominate a candidate for state or local office.
(i) (1) "Expenditure" means:
(A) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made by a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;
(B) any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;
(C) any contract to make an expenditure;
(D) a transfer of funds between any two or more candidate committees, party committees or political committees; or
(E) payment of a candidate's filing fees.
(2) "Expenditure" does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer incidental to the rendering of volunteer services not exceeding a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149, and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel by personal automobile of the candidate or candidate's spouse while campaigning or payment of such costs by the treasurer of a candidate or candidate committee;
(D) the value of goods donated to events such as testimonial events, bake sales, garage sales and auctions by any person not exceeding fair market value of $50 per event; or
(E) any communication by an incumbent elected state or local officer with one or more individuals unless the primary purpose thereof is to expressly advocate the nomination, election or defeat of a clearly identified candidate.
(j) "Expressly advocate the nomination, election or defeat of a clearly identified candidate" means any communication that uses phrases including, but not limited to:
(1) "Vote for the secretary of state";
(2) "re-elect your senator";
(3) "support the democratic nominee";
(4) "cast your ballot for the republican challenger for governor";
(5) "Smith for senate";
(6) "Bob Jones in '98";
(7) "vote against Old Hickory";
(8) "defeat" accompanied by a picture of one or more candidates; or
(9) "Smith's the one."
(k) "Party committee" means:
(1) The state committee of a political party regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(2) the county central committee or the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(3) the bona fide national organization or committee of those political parties regulated by the Kansas Statutes Annotated;
(4) the political committee established by the state committee of any such political party and designated as a recognized political committee for the senate;
(5) the political committee established by the state committee of any such political party and designated as a recognized political committee for the house of representatives; or
(6) the political committee per congressional district established by the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and designated as a congressional district party committee.
(l) "Person" means any individual, committee, corporation, partnership, trust, organization or association.
(m) (1) "Political committee" means any entity, including any combination of two or more individuals who are not married to one another, or any person other than an individual, the major purpose of which is to make contributions or expenditures that in the aggregate exceed $3,000 during any one calendar year and that satisfies one of the following:
(A) States in such entity's articles of incorporation, bylaws or in any resolution adopted by the board of directors for such entity that the major purpose of such entity is to elect state or local candidates through express advocacy and contributions to candidate campaigns and political parties; or
(B) spends not less than 50% of such entity's total program spending on contributions or expenditures during the period of time such entity has existed or, if such entity has existed for more than five years, during the immediately preceding five years.
(2) "Political committee" does not include a candidate committee or a party committee.
(3) (A) As used in this subsection, "total program spending" means the aggregate expenditures on all program activities, including:
(i) All disbursements for contributions and expenditures; and
(ii) all expenditures for fundraising communications that expressly advocate the nomination, election or defeat of a candidate or candidates for state or local office.
(B) "Total program spending" does not include:
(i) Expenditures for volunteer time or expenses;
(ii) administrative expenses; or
(iii) any other fundraising expenses.
(C) For purposes of determining total program spending on contributions and expenditures:
(i) A grant made to a political committee or an organization organized under section 527 of the internal revenue code shall be included in such entity's total program spending as a contribution or expenditure, except that if such grant is expressly designated for use outside this state or for any federal election, then such grant shall be included in such entity's total program spending but shall not be considered a contribution or expenditure; and
(ii) all other grants made by such entity shall be included in such entity's total program spending but shall not be considered a contribution or expenditure unless such entity expressly designates such grant, or any portion thereof, for making a contribution or expenditure in this state. If a grant is so designated then such grant shall be considered a contribution or expenditure. If a portion of any grant is so designated then only such portion shall be considered a contribution or expenditure.
(n) "Receipt" means a contribution or any other money or thing of value, but not including volunteer services provided without compensation, received by a treasurer in the treasurer's official capacity.
(o) "State office" means any state office as defined in K.S.A. 25-2505, and amendments thereto.
(p) "Testimonial event" means an event held for the benefit of an individual who is a candidate to raise contributions for such candidate's campaign. "Testimonial events" includes, but are not limited to, dinners, luncheons, rallies, barbecues and picnics.
(q) "Treasurer" means a treasurer of a candidate or of a candidate committee, a party committee or a political committee appointed under the campaign finance act or a treasurer of a combination of individuals or a person other than an individual that is subject to K.S.A. 25-4172(a)(2), and amendments thereto.
(r) "Local office" means a member of the governing body of a city of the first class, any elected office of a unified school district having 35,000 or more pupils regularly enrolled in the preceding school year, a county or of the board of public utilities.
History: L. 1981, ch. 171, § 2; L. 1989, ch. 111, § 3; L. 1990, ch. 122, § 16; L. 1991, ch. 150, § 6; L. 1995, ch. 192, § 14; L. 1998, ch. 117, § 4; L. 2000, ch. 124, § 12; L. 2001, ch. 159, § 1; L. 2023, ch. 23, § 2; L. 2025, ch. 65, § 7; July 1.
Not later than 10 days after becoming a candidate, every candidate shall appoint a treasurer or in lieu thereof shall appoint a candidate committee. The treasurer so appointed may be the candidate making such appointment. No candidate shall appoint more than one candidate committee to exist at the same time. If a candidate appoints a candidate committee, such candidate shall appoint a chairperson and a treasurer thereof, and the treasurer so appointed may be the candidate. No person who is registered as a lobbyist in accordance with K.S.A. 46-265, and amendments thereto, shall be eligible for appointment as treasurer for any candidate or candidate committee. The name, address and email address, which such email address shall be optional, of each treasurer and chairperson appointed under this section by a candidate for a state office shall be reported to the secretary of state by the candidate not later than 10 days after such appointment. The name, address and email address, which such email address shall be optional, of each treasurer and chairperson appointed under this section by a candidate for a local office shall be reported to the county election officer by the candidate not later than 10 days after such appointment. The candidate for governor shall carry out the requirements and responsibilities of the candidate under the campaign finance act, for the pair of candidates for governor and lieutenant governor, unless another specific provision applies.
History: L. 1981, ch. 171, § 3; L. 1990, ch. 122, § 1; L. 1991, ch. 150, § 7; L. 2017, ch. 49, § 10; July 1.
(a) Each party committee and each political committee that anticipates receiving contributions or making expenditures shall appoint a chairperson and a treasurer. The chairperson of each party committee and each political committee that anticipates receiving contributions or making expenditures for a candidate for state office shall make a statement of organization and file it with the secretary of state not later than 10 days after establishment of such committee. The chairperson of each political committee that anticipates receiving contributions or making expenditures for any candidate for local office, shall make a statement of organization and file it with the county election officer not later than 10 days after establishment of such committee.
(b) Every statement of organization shall include:
(1) The name and address of the committee. The name of the committee shall reflect the full name of the organization with which the committee is connected or affiliated or sufficiently describe such affiliation. If the political committee is not connected or affiliated with any one organization, the name shall reflect the trade, profession or primary interest of the committee as reflected by the statement of purpose of such organization;
(2) the names, addresses and email addresses, which such email addresses shall be optional, of the chairperson and treasurer of the committee;
(3) the names and addresses of affiliated or connected organizations; and
(4) in the case of a political committee, the full name of the organization with which the committee is connected or affiliated or, name or description sufficiently describing the affiliation or, if the committee is not connected or affiliated with any one organization, the trade, profession or primary interest of the political committee as reflected by the statement of purpose of such organization.
(c) Any change in information previously reported in a statement of organization shall be reported on a supplemental statement of organization and filed not later than 10 days following the change.
(d) (1) Each political committee which anticipates receiving contributions shall register annually with the commission on or before July 1 of each year. Each political committee registration shall be in the form and contain such information as may be required by the commission.
(2) Each registration by a political committee anticipating the receipt of more than $15,000 in any calendar year shall be accompanied by an annual registration fee of $750.
(3) Each registration by a political committee anticipating the receipt of more than $7,500 but less than $15,001 in any calendar year shall be accompanied by an annual registration fee of $500.
(4) Each registration by a political committee anticipating the receipt of more than $2,500 but less than $7,501 in any calendar year shall be accompanied by an annual registration fee of $250.
(5) Each registration by a political committee anticipating the receipt of $2,500 or less in any calendar year shall be accompanied by an annual registration fee of $50.
(6) Any political committee that is currently registered under subsection (d)(4) or (d)(5) and that receives contributions in excess of the registered amount for a calendar year, shall file, within three days of the date when contributions exceed such amount, an amended registration form that shall be accompanied by an additional fee for such year equal to the difference between the fee owed and the amount of the fee that accompanied the current registration.
(e) All such fees received by or for the commission shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas public disclosure commission fee fund.
History: L. 1981, ch. 171, § 4; L. 1984, ch. 145, § 4; L. 1990, ch. 122, § 2; L. 1991, ch. 150, § 8; L. 1994, ch. 144, § 2; L. 1998, ch. 117, § 5; L. 2000, ch. 168, § 2; L. 2001, ch. 5, § 89; L. 2015, ch. 85, § 5; L. 2017, ch. 49, § 11; L. 2023, ch. 23, § 3; L. 2025, ch. 65, § 8; July 1.
(a) A candidate may remove any treasurer or chairperson that such candidate has appointed, and a party committee or political committee may remove its chairperson or treasurer. A candidate shall remove any treasurer, that such candidate has appointed, against whom a civil penalty has been imposed pursuant to K.S.A. 25-4152, and amendments thereto. In case of a vacancy in the position of treasurer of a candidate before all of the obligations of the treasurer have been performed, such candidate shall be such candidate's own treasurer from the date of such vacancy until such time as the candidate appoints a successor and reports the name and address of the treasurer to the secretary of state if the candidate is a candidate for state office or to the county election officer if the candidate is a candidate for local office. In case of a vacancy in the position of treasurer of a candidate committee, the candidate shall be treasurer from the date of vacancy or removal, until such time as the candidate appoints a successor and reports the name and address of the treasurer to the secretary of state if the candidate is a candidate for state office or to the county election officer if the candidate is a candidate for local office. In case of a vacancy in the position of treasurer of a party committee or political committee, such committee chairperson shall be treasurer from the date of vacancy or removal until such time as the committee appoints a successor and reports the name and address of the treasurer: (1) To the secretary of state if such committee is a party committee or a political committee receiving contributions or making expenditures for a candidate for state office; or (2) to the county election officer if such committee is a party committee or a political committee receiving contributions or making expenditures for a candidate for local office. An individual who vacates the position of treasurer by reason of removal or resignation shall substantiate the accuracy of such person's records to the succeeding treasurer. No resignation of a treasurer shall be effective until a written statement of resignation of such treasurer has been filed with the secretary of state if the treasurer is that of a candidate or committee involving a candidate for state office or with the county election officer if the treasurer is that of a candidate or committee involving a candidate for local office. No removal of a treasurer of a candidate or candidate committee shall be effective until a written statement of such removal from the candidate has been filed with: (1) The secretary of state if the candidate is a candidate for state office; or (2) with the county election officer if the candidate is a candidate for local office. No removal of a treasurer of a party committee or political committee shall be effective until a written statement of such removal from the party committee or political committee has been filed with: (1) The secretary of state if such committee is a party committee or a political committee receiving contributions or making expenditures for a candidate for state office; or (2) with the county election officer if such committee is a party committee or a political committee receiving contributions or making expenditures for a candidate for local office. The succeeding treasurer shall not be held responsible for the accuracy of the predecessor treasurer's records.
(b) No contribution or other receipt shall be received or expenditure made, by or on behalf of a candidate, pair of candidates or candidate committee, except receipt or payment of a filing fee:
(1) Until such candidate appoints a treasurer and makes the report required by K.S.A. 25-4144, and amendments thereto; and
(2) unless by or through such treasurer.
(c) No contribution or other receipt shall be received or expenditure made by or on behalf of a party committee or political committee:
(1) Until the chairperson and treasurer of such committee are appointed;
(2) the chairperson of the party committee or a political committee has filed a statement of organization required by K.S.A. 25-4145, and amendments thereto; and
(3) unless by or through the treasurer of such committee.
History: L. 1981, ch. 171, § 5; L. 1990, ch. 122, § 3; L. 1995, ch. 203, § 2; L. 1998, ch. 117, § 6; July 1.
(a) Every treasurer shall keep detailed accounts of all contributions and other receipts received and all expenditures made by or on behalf of the treasurer's candidate or committee.
(b) Accounts of any treasurer may be inspected under conditions determined by the commission, and shall be preserved for a period to be designated by the commission.
(c) An individual may serve as treasurer for a candidate, candidate committee, party committee or political committee or of any two or more such committees or candidates.
(d) Every person who receives a contribution for a candidate, candidate committee, party committee or political committee more than five days prior to the ending date of any period for which a report is required by K.S.A. 25-4148, and amendments thereto, on demand of the treasurer, or in any event on or before the ending date of the reporting period, shall remit the same and render to the treasurer an account thereof, including the amount, the name and address of the person, if known, making the contribution and the date received.
(e) No contribution or other receipt received by a candidate, candidate committee, party committee or political committee shall be commingled with personal funds of the candidate or the treasurer or other officers or members of such committee.
(f) No candidate, candidate committee, party committee or political committee shall receive any contribution or other receipt from a political committee unless accompanied by the full name of the organization with which the political committee is connected or affiliated or, name or description sufficiently describing the affiliation or, if the political committee is not connected or affiliated with any one organization, the trade, profession or primary interest of the political committee as reflected by the statement of purpose of such organization.
History: L. 1981, ch. 171, § 6; L. 1984, ch. 145, § 5; L. 1998, ch. 117, § 7; July 1.
(a) Every treasurer shall file a report prescribed by this section. Reports filed by treasurers for candidates for state office, other than officers elected on a state-wide basis, shall be filed in both* with the office of the secretary of state. Reports filed by treasurers for candidates for state-wide office shall be filed electronically and only with the secretary of state. Reports filed by treasurers for candidates for local office shall be filed in the office of the county election officer of the county in which the name of the candidate is on the ballot. Except as otherwise provided by subsection (h), all such reports shall be filed in time to be received in the offices required on or before each of the following days:
(1) The eighth day preceding the primary election, which report shall be for the period beginning on January 1 of the election year for the office the candidate is seeking and ending 12 days before the primary election, inclusive;
(2) the eighth day preceding a general election, which report shall be for the period beginning 11 days before the primary election and ending 12 days before the general election, inclusive;
(3) January 10 of the year after an election year, which report shall be for the period beginning 11 days before the general election and ending on December 31, inclusive;
(4) for any calendar year when no election is held, a report shall be filed on the next January 10 for the preceding calendar year;
(5) a treasurer shall file only the annual report required by subsection (4) for those years when the candidate is not participating in a primary or general election.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;
(2) the name and address of each person who has made one or more contributions in an aggregate amount or value in excess of $50 during the election period together with the amount and date of such contributions, including the name and address of every lender, guarantor and endorser when a contribution is in the form of an advance or loan;
(3) the aggregate amount of all proceeds from bona fide sales of political materials such as, but not limited to, political campaign pins, buttons, badges, flags, emblems, hats, banners and literature;
(4) the aggregate amount of contributions for which the name and address of the contributor is not known;
(5) each contribution, rebate, refund or other receipt not otherwise listed;
(6) the total of all receipts;
(7) the name and address of each person to whom expenditures have been made in an aggregate amount or value in excess of $50, with the amount, date, and purpose of each; the names and addresses of all persons to whom any loan or advance has been made; when an expenditure is made by payment to an advertising agency, public relations firm or political consultants for disbursement to vendors, the report of such expenditure shall show in detail the name of each such vendor and the amount, date and purpose of the payments to each;
(8) the name and address of each person from whom an in-kind contribution was received or who has paid for personal services provided without charge to or for any candidate, candidate committee, party committee or political committee, if the contribution is in excess of $100 and is not otherwise reported under subsection (b)(7), and the amount, date and purpose of the contribution;
(9) the aggregate of all expenditures not otherwise reported under this section; and
(10) the total of expenditures.
(c) In addition to the requirements of subsection (b), every treasurer for any political committee and party committee shall report the following:
(1) (A) The name and address of each candidate for state or local office for whom an expenditure in the form of an in-kind contribution has been made in an aggregate amount or having a fair market value in excess of $300, with the amount, date and purpose of each. The report shall show in detail the specific service or product provided; and
(B) the name and address of each candidate for state or local office who is the subject of an expenditure which:
(i) Is made without the cooperation or consent of a candidate or candidate committee;
(ii) expressly advocates the nomination, election or defeat of such candidate; and
(iii) is an aggregate amount or having a fair market value in excess of $300.
(2) The report shall state the amount, date and purpose of the expenditure in the form of an in-kind contribution. The report shall show in detail the specific service or product provided. The reporting requirements imposed by this subsection shall be in addition to all other requirements required by this section.
(d) Treasurers of candidates and of candidate committees shall itemize the purchase of tickets or admissions to testimonial events by a person who purchases such tickets or admissions in an aggregate amount or value in excess of $50 per event, or who purchases such a ticket or admission at a cost exceeding $25 per ticket or admission. All other purchases of tickets or admissions to testimonial events shall be reported in an aggregate amount and shall not be subject to the limitations specified in K.S.A. 25-4154, and amendments thereto.
(e) If a contribution or other receipt from a political committee is required to be reported under subsection (b), the report shall include the full name of the organization with which the political committee is connected or affiliated or, a description of the connection to or affiliation with such organization. If, the committee is not connected or affiliated with any one organization, the report shall state the trade, profession or primary interest of the political committee as reflected by the statement of purpose of such organization.
(f) The commission may require any treasurer to file an amended report for any period for which the original report filed by such treasurer contains material errors or omissions. The notice of the errors or omissions shall be part of the public record. The amended report shall be filed within 30 days after notice by the commission.
(g) The commission may require any treasurer to file a report for any period for which the required report is not on file. The notice of the failure to file shall be part of the public record. Such report shall be filed within five days after notice by the commission.
(h) For the purpose of any report required to be filed pursuant to subsection (a) by the treasurer of any candidate seeking nomination by convention or caucus or by the treasurer of the candidate's committee or by the treasurer of any party committee or political committee, the date of the convention or caucus shall be considered the date of the primary election.
(i) If a report is sent by certified or registered mail on or before the day it is due, the mailing shall constitute receipt by that office.
(j) Any report required by this section may be signed by the candidate in lieu of the candidate's treasurer or the treasurer of the candidate's committee.
History: L. 1981, ch. 171, § 7; L. 1984, ch. 145, § 6; L. 1989, ch. 111, § 4; L. 1990, ch. 122, § 4; L. 1997, ch. 12, § 1; L. 1998, ch. 117, § 8; L. 2007, ch. 125, § 8; L. 2008, ch. 166, § 4; L. 2009, ch. 134, § 9; L. 2011, ch. 112, § 17; July 1.
When a report is made under this act and the amount being contributed by an individual is over $150, the report shall list the occupation of the individual contributor. If the individual contributor is not employed for compensation then the report shall list the occupation of the contributor's spouse.
History: L. 1989, ch. 111, § 2; L. 1991, ch. 150, § 43; L. 2008, ch. 166, § 5; L. 2015, ch. 85, § 3; July 1.
(a) Every treasurer for a candidate for state or local office shall file reports of campaign contributions as prescribed by this act. Reports filed by treasurers for candidates for state office shall be filed in the office of the secretary of state. Reports filed by treasurers for candidates for local office shall be filed in the office of the county election officer of the county in which the name of the candidate is on the ballot. Reports required by this section shall be in addition to any other reports required by law.
(b) The report shall contain the name and address of each person who has made one or more contributions in an aggregate amount or value of $300 or more during the period commencing 11 days before a primary or general election at which a state or local officer is to be elected and ending at 11:59 p.m. on the Wednesday preceding the date of election. The report shall be made on or before the close of business on the Thursday preceding the date of the election. The report shall contain the amount and date of the contribution, including the name and address of every lender, guarantor and endorser when the contribution is in the form of an advance or loan.
(c) Reports required by this section shall be filed by hand delivery, express delivery service, facsimile transmission or any electronic method authorized by the secretary of state.
(d) (1) "Local office" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
(2) "State office" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
(e) The provisions of this section shall be part of and supplemental to the campaign finance act.
History: L. 2008, ch. 166, § 1; L. 2017, ch. 49, § 12; July 1.
(a) Every treasurer for a party committee or political committee shall file reports of independent expenditures as prescribed by this act. Reports shall be filed with the secretary of state. Reports required by this section shall be in addition to any other reports required by law.
(b) (1) The report shall contain the name and address of each party committee or political committee which has made or contracted to be made independent expenditures in an aggregate amount or value in excess of $300 or more during the period commencing 11 days before a primary or general election at which a state or local officer is to be elected and ending at 11:59 p.m. on the Wednesday preceding the date of the election. Such report shall contain the amount, date and purpose of each such independent expenditure, as well as the name of the candidate whose nomination, election or defeat is expressly advocated. When an independent expenditure is made by payment to an advertising agency, public relations firm or political consultant for disbursement to vendors, the report of such independent expenditure shall show in detail the name of each such vendor and the amount, date and purpose of the payments to each, as well as the name of the candidate whose nomination, election or defeat is expressly advocated. The report shall be made on or before the close of business on the Thursday preceding the date of the election.
(2) In addition, a separate report shall be made on a daily basis for the Thursday, Friday, Saturday and Sunday immediately preceding the election. Each daily report shall contain the information required in paragraph (1) of this section. Each report shall be filed by 5:00 p.m. on the next day respectively.
(c) Reports required by this section shall be filed by hand delivery, express delivery service, facsimile transmission or any electronic method authorized by the secretary of state.
(d) (1) "Expenditure" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
(2) "Independent expenditure" means an expenditure that is made without the cooperation or consent of the candidate or agent of such candidate intended to be benefited and which expressly advocates the election or defeat of a clearly identified candidate.
(3) "Party committee" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
(4) "Political committee" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
(e) The provisions of this section shall be part of and supplemental to the campaign finance act.
History: L. 2008, ch. 166, § 2; July 1.
(a) Every treasurer for a party committee or political committee shall file reports of contributions as prescribed by this act. Reports shall be filed with the secretary of state. Reports required by this section shall be in addition to any other reports required by law.
(b) (1) The report shall contain the name and address of each person who makes a contribution to the party committee or political committee in an aggregate amount or value in excess of $300 or more during the period commencing 11 days before a primary or general election at which a state or local officer is to be elected and ending at 11:59 p.m. on the Wednesday preceding the date of the election. Such report shall contain the amount and date of each such contribution. The report shall be made on or before the close of business on the Thursday preceding the date of the election.
(2) In addition, a separate report shall be made on a daily basis for the Thursday, Friday, Saturday and Sunday immediately preceding the election. Each daily report shall contain the information required in paragraph (1). Each report shall be filed by 5:00 p.m. on the next day respectively.
(c) Reports required by this section shall be filed with the secretary of state during regular business hours by hand delivery or express delivery service or at any time by any electronic method authorized by the secretary of state.
(d) (1) "Contribution" means the same as defined in K.S.A. 25-4143, and amendments thereto.
(2) "Party committee" means the same as defined in K.S.A. 25-4143, and amendments thereto.
(3) "Political committee" means the same as defined in K.S.A. 25-4143, and amendments thereto.
(e) The provisions of this section shall be a part of and supplemental to the campaign finance act.
History: L. 2008, ch. 166, § 3; L. 2023, ch. 79, § 58; July 1.
(a) All contributions and other receipts received and expenditures made from and including the January 1 following one general election date until and including the next ensuing primary election date shall be allocated to the primary election on such date. All contributions and other receipts received and expenditures made from midnight on the date of a primary election through and including the December 31 following the date of the next ensuing general election shall be allocated to the general election on such date.
(b) For the purposes of allocating, pursuant to subsection (a), contributions to or expenditures by a candidate seeking nomination by convention or caucus or such candidate's candidate committee, the date of such convention or caucus shall be considered the primary election date.
History: L. 1981, ch. 171, § 8; L. 1990, ch. 122, § 5; May 31.
(a) Every person, other than a candidate or a candidate committee, party committee or political committee, who makes independent expenditures in an aggregate amount of $1,000 or more within a calendar year shall file a statement of independent expenditures with the commission that includes the following:
(1) The name and address of each person who receives payment in an aggregate amount that is in excess of $500 for an independent expenditure or for the creation or distribution of an independent expenditure; and
(2) the date, amount and purpose of each independent expenditure, including the name and the office sought of each candidate identified in an independent expenditure and if such independent expenditure was in support of or in opposition to such candidate.
(b) (1) Each statement of independent expenditures shall be filed on or before the next succeeding date on which reports are due to be filed under K.S.A. 25-4148, and amendments thereto. If a statement of independent expenditures is required after such date, then such statement shall be filed on or before 11:59 p.m. on the second day immediately following the date of the last independent expenditure.
(2) If a person makes independent expenditures in an aggregate amount of $1,000 or more in the same calendar year after filing a statement of independent expenditures, then a subsequent statement of independent expenditures shall be filed with the commission in accordance with this section.
(c) If such expenditures are made to expressly advocate the nomination, election or defeat of a clearly identified candidate for state office, such statement shall be filed in the office of the secretary of state. If such expenditures are made to expressly advocate the nomination, election or defeat of a clearly identified candidate for local office, such statement shall be filed in the office of the county election officer of the county in which the name of the candidate is on the ballot. Statements filed under this section need not be cumulative.
History: L. 1981, ch. 171, § 9; L. 1990, ch. 122, § 6; L. 1998, ch. 117, § 9; L. 2025, ch. 65, § 9; July 1.
(a) Every report or statement made under the campaign finance act shall be made on forms prescribed by the commission, and contain substantially the following:
"I declare that this (report) (statement), including any accompanying schedules and statements, has been examined by me and to the best of my knowledge and belief is true, correct and complete. I understand that the intentional failure to file this document or intentionally filing a false document is a class A misdemeanor."
(Date)
(Signature)
Every report or statement shall be dated and signed by: (1) The treasurer or candidate for any report required by K.S.A. 25-4148; (2) the candidate, for any report required by K.S.A. 25-4144; or (3) the chairperson of the committee, for any statement required by K.S.A. 25-4145. If the form is not available, the report or statement to which it relates shall be made as required, but in such form as the person signing such report or statement chooses, and the commission may require any such report or statement to be replaced after filing by a report or statement on the forms provided by the commission.
(b) Records in support of every report or statement filed under the campaign finance act shall be maintained and preserved by the person who files it for a period of time to be designated by the commission.
(c) Delay in filing a report or statement beyond the time required by law shall not prevent the acceptance of the report or statement.
(d) No treasurer shall accept or permit to be accepted any contributions or make or permit to be made any expenditures unless all reports or statements required of such treasurer prior to the time of such contributions or expenditures have been filed.
History: L. 1981, ch. 171, § 10; L. 2007, ch. 125, § 9; July 1.
(a) Except as provided in subsection (b), the commission shall send a notice by registered or certified mail to any person failing to file any report or statement required by K.S.A. 25-4144, 25-4145 or 25-4148, and amendments thereto, and to the candidate appointing any treasurer failing to file any such report, within the time period prescribed therefor. The notice shall state that the required report or statement has not been filed with either the office of secretary of state or county election officer or both. The person failing to file any report or statement, and the candidate appointing any such person, shall be responsible for the filing of such report or statement. The notice also shall state that such person shall have 15 days from the date such notice is deposited in the mail to comply with the registration and reporting requirements before a civil penalty shall be imposed for each day that the required documents remain unfiled. If such person fails to comply within the prescribed period, such person shall pay to the state a civil penalty of $10 per day for each day that such report or statement remains unfiled, except that no such civil penalty shall exceed $300. The commission may waive, for good cause, payment of any civil penalty imposed by this section.
(b) (1) Subject to the notice provisions of subsection (a), reports that are due under the provisions of K.S.A. 25-4148(a)(1) and (2), and amendments thereto, for candidates that appear on the ballot for the then-current primary or general election ballot and are late more than 48 hours shall be subject to civil penalties as provided in subsection (b)(2).
(2) The candidate shall be liable for a civil penalty of $100 for the first day the report is more than 48 hours late and $50 for each subsequent day the report is late, but in no case shall the civil penalty exceed $1,000. The commission may waive, for good cause, payment of any civil penalty imposed by this section.
(c) (1) Subject to the notice provisions of subsection (a), reports that are due under the provisions of K.S.A. 25-4145 and 25-4148, and amendments thereto, for each political committee that anticipates receiving $2,501 or more in any calendar year and are late more than 48 hours shall be subject to civil penalties as provided in subsection (c)(2).
(2) The political committee shall be liable for a civil penalty of $100 for the first day the report is more than 48 hours late and $50 for each subsequent day the report is late, but in no case shall the civil penalty exceed $1,000. The commission may waive, for good cause, payment of any civil penalty imposed by this section.
(d) Civil penalties provided for by this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas public disclosure commission fee fund.
(e) If a person fails to pay a civil penalty provided for by this section, it shall be the duty of the commission to bring an action to recover such civil penalty in the district court of the county in which such person resides.
History: L. 1981, ch. 171, § 11; L. 1984, ch. 145, § 1; L. 1990, ch. 122, § 7; L. 1991, ch. 150, § 10; L. 1995, ch. 203, § 3; L. 1998, ch. 117, § 10; L. 1998, ch. 168, § 1; L. 2001, ch. 5, § 90; L. 2018, ch. 88, § 2; L. 2025, ch. 65, § 10; July 1.
(a) The aggregate amount contributed to a candidate and such candidate's candidate committee and to all party committees and political committees and dedicated to such candidate's campaign, by any political committee or any person except a party committee, the candidate or the candidate's spouse, shall not exceed the following:
(1) For the pair of offices of governor and lieutenant governor or for other state officers elected from the state as a whole, $4,000 for each primary election, or in lieu thereof, a caucus or convention of a political party, and an equal amount for each general election.
(2) For the office of member of the house of representatives, district judge, district magistrate judge, district attorney or a candidate for local office whose jurisdiction has a population that is fewer than 50,000, $1,000 for each primary election, or in lieu thereof, a caucus or convention of a political party, and an equal amount for each general election.
(3) For the office of state senator, member of the state board of education or a candidate for local office whose jurisdiction has a population that is 50,000 or more, $2,000 for each primary election, or in lieu thereof, a caucus or convention of a political party, and an equal amount for each general election.
(b) For the purposes of this section, the face value of a loan at the end of the period of time allocable to the primary or general election is the amount subject to the limitations of this section. A loan in excess of the limits herein provided may be made during the allocable period if such loan is reduced to the permissible level, when combined with all other contributions from the person making such loan, at the end of such allocable period.
(c) For the purposes of this section, all contributions made by unemancipated children under 18 years of age shall be considered to be contributions made by the parent or parents of such children. The total amount of such contribution shall be attributed to a single custodial parent and 50% of such contribution to each of two parents.
(d) (1) The aggregate amount contributed to a party committee, as defined in K.S.A. 25-4143(j)*(1), (4) or (5), and amendments thereto, by a person other than a party committee shall not exceed $35,000 in each calendar year.
(2) The aggregate amount contributed by a national party committee to a party committee, as defined in K.S.A. 25-4143(j)*(1), (4) or (5), and amendments thereto, shall not exceed $35,000 in any calendar year.
(3) The aggregate amount contributed to any party committee, as defined in K.S.A. 25-4143(j)*(2) or (6), and amendments thereto, by a person other than a party committee shall not exceed $10,000 in each calendar year.
(4) The aggregate amount contributed by a national party committee to any party committee, as defined in K.S.A. 25-4143(j)*(2) or (6), and amendments thereto, shall not exceed $10,000 in any calendar year.
(e) The amount contributed by each individual party committee of the same political party, other than a national party committee, to any candidate for office for any primary election at which two or more candidates are seeking the nomination of such party shall not exceed the following:
(1) For the pair of offices of governor and lieutenant governor and for each of the other state officers elected from the state as a whole, $4,000 for each primary election, or in lieu thereof, a caucus or convention of a political party.
(2) For the office of member of the house of representatives, district judge, district magistrate judge, district attorney or a candidate for local office whose jurisdiction has a population that is fewer than 50,000, $1,000 for each primary election, or in lieu thereof, a caucus or convention of a political party.
(3) For the office of state senator, member of the state board of education or a candidate for local office whose jurisdiction has a population that is 50,000 or more, $2,000 for each primary election, or in lieu thereof, a caucus or convention of a political party.
(f) No expenditures made by a party committee in support of a candidate, with or without such candidate's cooperation or consent, shall constitute a contribution.
(g) No person shall make any contribution or contributions to any candidate or the candidate committee of any candidate in the form of money or currency of the United States that in the aggregate exceeds $200 for any one primary or general election. No candidate or candidate committee of any candidate shall accept any contribution or contributions in the form of money or currency of the United States that in the aggregate exceeds $200 from any one person for any one primary or general election.
(h) (1) If a candidate or a candidate's candidate committee receives contributions prior to the date of the primary election and such contributions are designated for use in connection with the general election, such candidate or such committee shall use an acceptable accounting method to distinguish between contributions received for the primary election and contributions received for the general election. Acceptable accounting methods include, but are not limited to:
(A) The designation of separate accounts for each election; or
(B) the establishment of separate books and records for each election.
(2) Under any acceptable accounting method, the authorized records of a candidate or candidate committee shall demonstrate that, prior to the primary election, the recorded amount of cash on hand was at all times equal to or in excess of an amount equal to the sum of the contributions received and designated for use in connection with the general election less the sum of disbursements made for the general election.
(i) For purposes of this section, "jurisdiction" means:
(1) The city, county or school district if the candidate is seeking election to a local office that is elected at large in such city, county or school district; and
(2) the electoral district if the candidate is seeking election as a member of a governing body that has member districts.
(j) Any political funds that have been collected and were not subject to the reporting requirements of this act shall be deemed a person subject to these contribution limitations.
(k) Any political funds that have been collected and were subject to the reporting requirements of the campaign finance act shall not be used in or for the campaign of a candidate for a federal elective office.
History: L. 1981, ch. 171, § 12; L. 1986, ch. 115, § 80; L. 1989, ch. 111, § 5; L. 1990, ch. 122, § 8; L. 1991, ch. 150, § 11; L. 2012, ch. 122, § 4; L. 2025, ch. 100, § 1; April 10.
(a) No registered lobbyist, political committee or person, other than an individual, shall make a contribution after January 1 of each year and prior to adjournment sine die of the regular session of the legislature or at any other time in which the legislature is in session to a:
(1) Legislator;
(2) candidate for membership in the legislature;
(3) state officer elected on a statewide basis;
(4) candidate for state officer elected on a statewide basis;
(5) candidate committee of persons described in paragraphs (1) through (4); or
(6) political committee established by a state committee of any political party and designated as a recognized political committee for the senate or house of representatives.
(b) No legislator, officer, candidate or committee described in subsection (a)(1) through (6) shall accept or knowingly solicit any contribution as defined by K.S.A. 25-4143, and amendments thereto, from any registered lobbyist, political committee or person, other than an individual, during such period of time described in subsection (a), except that a general public solicitation which does not solicit a specific individual and is distributed via social media shall be permissible. No solicitation shall be considered a violation of this act if such solicitation is accompanied with a disclaimer that it is not intended for lobbyists, political committees or persons other than individuals.
(c) For the purposes of this act, "social media" means an electronic medium which allows users to create and view user-generated content, including, but not limited to, uploaded or downloaded videos or photographs, blogs, audio files, instant messages or email.
History: L. 1990, ch. 306, § 10; L. 1997, ch. 191, § 1; L. 2000, ch. 124, § 13; L. 2007, ch. 125, § 1; L. 2015, ch. 85, § 6; L. 2023, ch. 23, § 4; April 20.
(a) No political committee shall be established by a member of or a candidate for the legislature.
(b) Any such political committee existing prior to the effective date of this act is hereby abolished.
History: L. 2000, ch. 124, § 14; L. 2014, ch. 122, § 1; L. 2025, ch. 65, § 11; L. 2025, ch. 65, § 11; July 1.
(a) No person shall make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another.
(b) No person shall give or accept any contribution in excess of $50 unless the name and address of the contributor is made known to the individual receiving the contribution.
(c) The aggregate of contributions for which the name and address of the contributor is not reported under K.S.A. 25-4148, and amendments thereto, shall not exceed 50% of the amount one individual, other than the candidate or spouse, may contribute to or for a candidate's campaign.
(d) No person shall copy any name of a contributor from any report or statement filed under the campaign finance act and use such name for any commercial purpose, and no person shall use any name for a commercial purpose with knowledge that such name was obtained solely by copying information relating to contributions contained in any report or statement filed under the campaign finance act.
(e) Except for contributions made by a candidate to such candidate's candidate committee, when a person makes a contribution to a candidate, candidate committee, political committee or party committee, such person shall have no authority to control or otherwise direct the use of such contribution. No person shall make a contribution to a committee that is subject to any condition or any agreement or other understanding between such person and such committee that such contribution or any portion thereof is to be subsequently contributed by such committee to any other candidate committee, political committee or party committee. Any agreement or other understanding that receipt of a contribution is conditioned on such contribution or some portion thereof being subsequently contributed by the recipient committee to any other candidate committee, political committee or party committee is hereby declared null and void and shall have no effect.
(f) (1) For purposes of this section, "contribution in the name of another" and "contribution made by one person in the name of another" means a contribution made to a person by or through the name of another person for the purpose of concealing the original source of any moneys reported on any report or statement that is required to be filed under the campaign finance act.
(2) Such contributions shall not include any contributions, expenditures or transfers of moneys that are subject to the requirements of the campaign finance act and that are made by an individual or committee that is otherwise reporting such contribution, expenditure or transfer on a report or statement filed pursuant to the campaign finance act.
History: L. 1981, ch. 171, § 13; L. 2025, ch. 65, § 12; July 1.
In addition to other reports and statements required by the campaign finance act, every treasurer shall make a statement of the amount and nature of debts and obligations owed by or to the candidate or candidate committee, party committee or political committee after every election, at times prescribed by the commission, continuing until such debts and obligations are fully paid or discharged.
History: L. 1981, ch. 171, § 14; July 1.
(a) (1) Whenever any person sells space in any newspaper, magazine or other periodical to a candidate or to a candidate committee, party committee or political committee, the charge made for the use of such space shall not exceed the charges made for comparable use of such space for other purposes.
(2) Intentionally charging an excessive amount for political advertising is a class A misdemeanor.
(b) (1) Except as provided in paragraph (2), corrupt political advertising of a state or local office is:
(A) Publishing or causing to be published in a newspaper or other periodical any paid matter that expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is followed by the word "advertisement" or the abbreviation "adv." in a separate line together with the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor;
(B) broadcasting or causing to be broadcast by any radio or television station any paid matter that expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is followed by a statement that states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor;
(C) telephoning or causing to be contacted by any telephonic means including, but not limited to, any device using a voice over internet protocol or wireless telephone, any paid matter that expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is preceded by a statement that states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor;
(D) publishing or causing to be published any brochure, flier or other political fact sheet that expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is followed by a statement that states: "Paid for" or "Sponsored by" followed by the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor.
The provisions of this subparagraph (D) requiring the disclosure of the name of an individual shall not apply to individuals making expenditures in an aggregate amount of less than $2,500 within a calendar year; or
(E) making or causing to be made any website, e-mail or other type of internet communication that expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless the matter is followed by a statement that states: "Paid for" or "Sponsored by" followed by the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor.
The provisions of this subparagraph (E) requiring the disclosure of the name of an individual shall apply only to any website, email or other type of internet communication that is made by the candidate, the candidate's candidate committee, a political committee or a party committee and the website, email or other internet communication viewed by or disseminated to at least 25 individuals. For the purposes of this subparagraph, the terms "candidate," "candidate committee," "party committee" and "political committee" shall have the meanings ascribed to them in K.S.A. 25-4143, and amendments thereto.
(2) The provisions of subsections (b)(1)(C) and (E) shall not apply to the publication of any communication that expressly advocates the nomination, election or defeat of a clearly identified candidate for state or local office, if such communication is made over any social media provider which has a character limit of 280 characters or fewer.
(3) Corrupt political advertising of a state or local office is a class C misdemeanor.
(c) If any provision of this section or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this section that can be given effect without the invalid application or provision, and to this end the provisions of this section are declared to be severable.
History: L. 1981, ch. 171, § 15; L. 1985, ch. 124, § 1; L. 1990, ch. 122, § 9; L. 1998, ch. 117, § 11; L. 2007, ch. 196, § 4; L. 2009, ch. 134, § 8; L. 2015, ch. 85, § 7; L. 2018, ch. 88, § 1; July 1.
History: L. 1981, ch. 171, § 15; L. 1985, ch. 124, § 1; L. 1990, ch. 122, § 9; L. 1998, ch. 117, § 11; L. 2007, ch. 125, § 2; Repealed, L. 2009, ch. 134, § 13; Repealed, L. 2009, ch. 143, § 37; July 1.
History: L. 1981, ch. 171, § 15; L. 1985, ch. 124, § 1; L. 1990, ch. 122, § 9; L. 1998, ch. 117, § 11; L. 2007, ch. 196, § 4; L. 2009, ch. 143, § 12; Repealed, L. 2010, ch. 155, § 25; June 3.
(a) Before any candidate committee, party committee or political committee may be dissolved or the position of a candidate's treasurer terminated, the treasurer of the candidate or such committee shall file a termination report that shall include full information as to the disposition of residual funds. Any report required by K.S.A. 25-4148, and amendments thereto, may be a termination report. Reports of the dissolution of candidate committees of candidates for state office, the termination of the treasurer of a candidate for state office, the dissolution of a political committee and the dissolution of party committees shall be filed in the office of the secretary of state. Reports of the dissolution of candidate committees of candidates for local office, the termination of the treasurer of a candidate for local office and the dissolution of a political committee shall be filed in the office of the county election officer of the county.
(b) If a candidate dies with an open candidate committee account that contains campaign funds, the executor or administrator of the candidate's estate shall be responsible for terminating the candidate committee and disposing of the residual funds.
History: L. 1981, ch. 171, § 16; L. 1990, ch. 122, § 10; L. 2015, ch. 85, § 8; L. 2025, ch. 65, § 13; July 1.
(a) (1) No moneys received by any candidate or candidate committee of any candidate as a contribution under this act shall be used or be made available for the personal use of the candidate and no such moneys shall be used by such candidate or the candidate committee of such candidate except for:
(A) Legitimate campaign purposes;
(B) expenses of holding political office;
(C) contributions to the party committees of the political party of which such candidate is a member;
(D) any membership dues related to the candidate's campaign paid to a community service or civic organization in the name of the candidate;
(E) any donations paid to any organization which is recognized as a 501(c)(3) tax exempt organization or any religious organization, community service or civic organization in the name of the candidate or candidate committee of any candidate but only if the candidate receives no goods or services unrelated to the candidate's campaign as a result of the payment of such donations;
(F) expenses incurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community;
(G) expenses incurred in the purchase and mailing of greeting cards to voters and constituents;
(H) expenses, compensation or gifts provided to any volunteer, staff member or contractor of the candidate's campaign or provided to any volunteer or staff of the candidate's political office if the total amount of such expenses, compensation or gifts provided to such persons from all sources does not exceed the total fair market value of services provided to the candidate's campaign or political office;
(I) payment of any civil penalty or fine imposed by the commission pursuant to this act related to the candidate's campaign and that is incurred by the candidate, candidate committee, treasurer or other agent of the candidate; or
(J) payment of legal fees related to any investigation or action under this act.
(2) For the purpose of this subsection, expenditures for "personal use" includes expenditures to defray normal living expenses for the candidate or the candidate's family and expenditures for the personal benefit of the candidate having no direct connection with or effect upon the campaign of the candidate or the holding of public office.
(b) No moneys received by any candidate or candidate committee of any candidate as a contribution shall be used to pay interest or any other finance charges upon moneys loaned to the campaign by such candidate or the spouse of such candidate.
(c) No candidate or candidate committee shall accept from any other candidate or candidate committee for any candidate for local, state or national office, any moneys received by such candidate or candidate committee as a campaign contribution. The provisions of this subsection shall not be construed to prohibit a candidate or candidate committee from accepting moneys from another candidate or candidate committee if such moneys constitute a reimbursement for one candidate's proportional share of the cost of any campaign activity participated in by both candidates involved. Such reimbursement shall not exceed an amount equal to the proportional share of the cost directly benefiting and attributable to the personal campaign of the candidate making such reimbursement.
(d) At the time of the termination of any campaign and prior to the filing of a termination report in accordance with K.S.A. 25-4157, and amendments thereto, all residual funds otherwise not obligated for the payment of expenses incurred in such campaign or the holding of office shall be contributed to a charitable organization, as defined by the laws of the state, contributed to a party committee or returned as a refund in whole or in part to any contributor or contributors from whom received or paid into the general fund of the state.
History: L. 1989, ch. 111, § 1; L. 1990, ch. 306, § 8; L. 1991, ch. 150, § 12; L. 1992, ch. 234, § 1; L. 1995, ch. 157, § 1; L. 1998, ch. 117, § 12; L. 2008, ch. 166, § 6; L. 2015, ch. 85, § 9; L. 2023, ch. 23, § 5; April 20.
(a) The secretary of state shall:
(1) Furnish forms prescribed and provided by the commission for making reports and statements required to be filed in the office of the secretary of state by the campaign finance act; and
(2) make such reports and statements available for public inspection and copying during regular office hours.
(b) The county election officer shall:
(1) Furnish forms prescribed and provided by the commission for making reports and statements required to be filed in the office of the county election officer by the campaign finance act; and
(2) make such reports and statements available for public inspection and copying during regular office hours.
(c) The commission may investigate, or cause to be investigated, any matter required to be reported upon by any person under the provisions of the campaign finance act, or any matter to which the campaign finance act applies irrespective of whether a complaint has been filed in relation thereto.
(d) (1) After a preliminary investigation of any matter reported to the commission pursuant to subsection (c), and upon specific written findings of fact and conclusions of law by the commission that there is a reasonable suspicion that a violation of the campaign finance act has occurred, the commission or any officer designated by the commission may apply to the district court of Shawnee county for an order to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commission deems relevant or material to the investigation. All applications for a court order shall be made under seal of the court. The commission shall reimburse the reasonable costs of production of documents subject to subpoena. All subpoenas and subpoenas duces tecum issued under this section shall be authorized by the affirmative vote of not less than
2/3 of the members of the commission. Subpoenas duces tecum shall be limited to items reasonably relevant to such alleged violations. No subpoena or other process issued by the commission pursuant to this section shall be served upon any person unless an application has been filed in the district court of Shawnee county pursuant to this section.
(2) Upon application by the commission or any officer designated by the commission for a court order pursuant to paragraph (1), the district court of Shawnee county, after review of the sufficiency of the written findings of fact and conclusions of law, the record before the commission and the reasonableness and scope of the subpoena, shall issue to that person an order requiring the person to appear before the commission or any officer designated by the commission, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court. Upon the filing of an application for a court order pursuant to paragraph (1), the commission shall provide a copy of the written findings of fact and conclusions of law relating to the alleged violation and persons under investigation along with a copy of the issued subpoena and notices required by paragraph (5) to the recipient of the subpoena.
(3) The commission shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena. Any person subject to a subpoena shall be informed that such person may apply to the district court for relief on the basis that responding to the subpoena will cause an undue burden or expense. The district court on review of any such application for relief, may impose an appropriate sanction on the commission including an order requiring the commission to reimburse the person for lost earnings and attorney fees.
(4) Any person subpoenaed to testify or produce documents under this section shall be informed that the person has a right to be advised by counsel and that the person may not be required to make any self-incriminating statements. Upon a request by such person for counsel, no further examination of the witness shall take place until counsel is present. In the event that counsel of the witness' choice is not available, the person shall be required to obtain other counsel within three days in order that the examination may proceed. If such person is indigent and unable to obtain the services of counsel, the judge shall appoint counsel to assist the person who shall be compensated as counsel appointed for indigent defendants in the district court. Counsel for any witness shall be present while the witness is testifying and may interpose objections on behalf of the witness. Counsel shall not be permitted to examine or cross-examine the client or any other witness during the examination.
(5) Every subpoena issued by the commission pursuant to paragraph (l) shall be accompanied by a notice containing the information required to be provided under paragraphs (3) and (4) and the following statement: "This subpoena is not enforceable unless a district court of competent jurisdiction issues an order to enforce the subpoena. The recipient of this subpoena has rights under law including those listed in K.S.A. 25-4158(d)(3), and amendments thereto, and other laws to seek relief from complying with this subpoena, as well as a right to be represented by counsel in this matter pursuant to K.S.A. 25-4158(d)(4), and amendments thereto."
History: L. 1981, ch. 171, § 17; L. 1990, ch. 122, § 11; L. 1991, ch. 150, § 13; L. 1998, ch. 29, § 1; L. 2023, ch. 23, § 6; April 20.
The Kansas public disclosure commission shall prescribe and provide forms for each report required to be made under the campaign finance act. Any information required to be filed pursuant to the campaign finance act may be filed electronically with the secretary of state in a method authorized by the secretary of state. The provisions of this section shall be a part of and supplemental to the Kansas campaign finance act.
History: L. 2007, ch. 125, § 7; L. 2025, ch. 65, § 14; July 1.
The commission upon its own initiative may, and upon the request of any individual to which the campaign finance act applies shall, render an opinion in writing on questions concerning the interpretation of the campaign finance act. Any person who acts in accordance with the provisions of such an opinion, shall be presumed to have complied with the provisions of the campaign finance act. A copy of every opinion rendered by the commission shall be filed with the secretary of state, and any opinion so filed shall be open to public inspection. The secretary of state shall publish all opinions rendered under this section monthly and each such publication shall be cumulative. Copies of each opinion shall be filed with the secretary of the senate and the chief clerk of the house on the same date as the same are filed with the secretary of state. The secretary of state shall cause adequate copies of all filings under this section to be supplied to the state library.
History: L. 1981, ch. 171, § 18; July 1.
Any individual, including any member of the commission, may file, by mail or in person, with the commission a verified complaint in writing stating the name of any person to whom or to which the campaign finance act applies who is alleged to have violated any provision of the campaign finance act, and which shall set forth the particulars thereof. If a member of the commission files a complaint, such member shall be disqualified from the commission's consideration of that complaint. Whenever a complaint is filed with the commission, the commission shall promptly send a copy thereof to the person complained of, who shall thereafter be designated as the respondent.
History: L. 1981, ch. 171, § 19; July 1.
(a) If a complaint is filed and the commission determines that such verified complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any provision of the campaign finance act, it shall dismiss the complaint and notify the complainant and respondent thereof.
(b) Whenever a complaint is filed with the commission alleging a violation of a provision of the campaign finance act, such filing and the allegations therein shall be confidential and shall not be disclosed except as provided in the campaign finance act.
(c) If a complaint is filed and the commission determines that such verified complaint does allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of the campaign finance act, the commission shall promptly investigate the alleged violation.
(d) The commission shall notify the attorney general of any apparent violation of criminal law or other laws not administered by the commission, which is discovered during the course of any such investigation.
(e) If after the investigation, the commission finds that probable cause does not exist for believing the allegations of the complaint, the commission shall dismiss the complaint. If after such investigation, the commission finds by an affirmative vote of not less than
2/3 of the members of the commission that probable cause exists for believing the allegations of the complaint, such complaint shall no longer be confidential and may be disclosed. Upon making any such finding, a hearing shall be ordered pursuant to this act. In either event the commission shall notify the complainant and respondent of its determination.
(f) The remedies and protections provided by K.S.A. 75-2973, and amendments thereto, shall be available to any state employee against whom disciplinary action has been taken for filing a complaint pursuant to this act.
(g) Any attorney or staff member representing the complainant before the commission in any matter shall not engage in ex parte communications with or otherwise advise, represent or assist the commission regarding the same or related matter before the commission. The commission shall obtain separate independent legal counsel when needed to comply with this section.
(h) (1) All hearings conducted under this act shall be in accordance with the provisions of the Kansas administrative procedure act and the Kansas code of civil procedure. Upon the request of the respondent, any hearing held under this act may be removed for hearing before a presiding officer from the office of administrative hearings. The commission shall review an initial order resulting from a hearing under this section.
(2) The commission is hereby authorized to enter into a contract with the office of administrative hearings and to provide for reimbursement for actual and necessary expenses and compensation for such person serving as a presiding officer.
(i) The duties of confidentiality under this section shall apply only to members of the commission, the executive director or any person employed or engaged by the commission.
History: L. 1981, ch. 171, § 20; L. 1984, ch. 145, § 2; L. 1988, ch. 369, § 1; L. 1990, ch. 129, § 5; L. 1991, ch. 150, § 14; L. 2023, ch. 23, § 7; April 20.
The commission may permit a complainant to withdraw such person's complaint at any time. The respondent may bring a civil action in the district court against the complainant for malicious prosecution for the filing or prosecution of any complaint with the commission under the campaign finance act, whenever under like circumstances an action for malicious prosecution would arise for filing or prosecution of an action or complaint in a court. All papers in the possession of the commission relating thereto shall be admissible.
History: L. 1981, ch. 171, § 21; July 1.
(a) After a verified complaint alleging violation of a provision of the campaign finance act has been filed with the commission, the respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the complaint, including the transcript of the hearing, if any. If a hearing is to be held pursuant to K.S.A. 25-4161, and amendments thereto, then a subcommittee of the commission or the presiding officer, before the hearing has commenced, shall issue subpoenas and subpoenas duces tecum at the request of any party. The commission shall reimburse the reasonable costs of production of documents subject to subpoena. Any hearing held under K.S.A. 25-4161, and amendments thereto, may be conducted and held by a subcommittee of not less than five members of the commission, of whom not more than a majority shall be of the same political party. Upon a request by a respondent that the hearing be held before a presiding officer from the office of administrative hearings, all pre-hearing procedures shall be conducted by such presiding officer. The hearing shall be conducted in the manner prescribed by the Kansas administrative procedure act. Final determination of all complaints shall be made by the commission as a whole. The commission shall not conduct another hearing on the matter but shall make final determination based on the record of the hearing before the presiding officer or subcommittee of the commission.
(b) At every hearing held under this act:
(1) Oral evidence shall be taken only on oath or affirmation.
(2) Each party shall have the right to be represented by legal counsel, to call and examine witnesses, to introduce evidence and to cross-examine opposing witnesses.
(3) The provisions of K.S.A. 25-4161(g), and amendments thereto, shall apply to legal counsel representing a complainant employed or engaged by the commission.
(c) All hearings shall be open to the public.
History: L. 1981, ch. 171, § 22; L. 1990, ch. 306, § 9; L. 2023, ch. 23, § 8; April 20.
After a hearing of an alleged violation of the campaign finance act the commission shall state its findings of fact. If the commission finds that the respondent has not violated any provisions of the campaign finance act, it shall order the action dismissed, and shall notify the respondent and complainant thereof. If the commission finds that the respondent has violated any provisions of the campaign finance act, it shall state its findings of fact and submit a report thereon to the attorney general and to the county or district attorney of the appropriate county.
History: L. 1981, ch. 171, § 23; July 1.
(a) The commission shall maintain a record of its investigations, inquiries, and proceedings. All records, complaints, documents, reports filed with or submitted to or made by the commission, and all records and transcripts of any investigations, inquiries or hearings of the commission under the campaign finance act shall be confidential and shall not be open to inspection by any individual other than a member of the commission, an employee of the commission, or a state officer or employee designated to assist the commission, except as otherwise specifically provided in the campaign finance act. The commission may, by adoption of a resolution, authorize the release to the attorney general or to the county or district attorney of the appropriate county of any information, records, complaints, documents, reports, and transcripts in its possession material to any matter pending before the attorney general or any county or district attorney. All matters presented at a public hearing of the commission and all reports of the commission stating a final finding of fact pursuant to K.S.A. 25-4164, and amendments thereto, shall be public records and open to public inspection.
(b) The duties under this section shall apply only to members of the commission, the executive director or any person employed or engaged by the commission.
History: L. 1981, ch. 171, § 24; L. 2023, ch. 23, § 9; April 20.
(a) Whenever a report is made under K.S.A. 25-4164, and the respondent is elected to a state office pursuant to a primary election or general election to which such report applies, the commission shall transmit a copy thereof to the supreme court, legislature or attorney general on the first day of the term for which the respondent is so elected.
(b) If the respondent is elected to be a member of the house of representatives or senate, such commission report shall be transmitted to the house to which the respondent is elected. If the respondent is elected to an office to which impeachment applies, the commission report shall be transmitted to the house of representatives. If the respondent is elected to a judicial office, and is not subject to impeachment, the commission report shall be transmitted to the supreme court. If the respondent is elected to an office not heretofore mentioned in this subsection, the commission report shall be transmitted to the attorney general.
(c) Each commission report transmitted in accordance with this section shall include or be accompanied by a summary of the facts relating to the report under K.S.A. 25-4164, and shall make appropriate reference to this section. All information, reports, transcripts and other records relating to the respondent which are or have been in the possession of the commission shall be available to the body to which the commission report is transmitted.
(d) Reports relating to respondents who are elected to the legislature shall be considered by the house to which the respondent is elected, and such house shall impose censure or disqualification or it may determine that neither censure or disqualification is justified. Reports relating to impeachable officers shall be considered by the house of representatives. Reports relating to judicial officers, except those subject to impeachment, shall be considered by the supreme court. Reports relating to any officer not mentioned in this subsection may be the basis for an ouster action brought by the attorney general.
History: L. 1981, ch. 171, § 25; July 1.
Failure to file a campaign finance report is (a) the intentional failure of any person required to make any report, amended report or statement by the campaign finance act to file the same with the secretary of state or county election officer at the time specified in the campaign finance act or (b) the intentional failure of any person required by K.S.A. 25-4172, and amendments thereto, to submit a statement to a treasurer to submit the same.
Failure to file a campaign finance report is a class A misdemeanor.
History: L. 1981, ch. 171, § 26; L. 1994, ch. 73, § 1; April 7.
Fraudulent campaign finance reporting is intentionally making any false material statement in a report or statement made under the campaign finance act.
Fraudulent campaign finance reporting is a class A misdemeanor.
History: L. 1981, ch. 171, § 27; July 1.
History: L. 1981, ch. 171, § 28; Repealed, L. 1985, ch. 124, § 4; July 1.
(a) (1) No officer or employee of the state of Kansas, or any municipality, shall use or authorize the use of public funds or public vehicles, machinery, equipment or supplies of any such governmental agency or the time of any officer or employee of any such governmental agency, for which the officer or employee is compensated by such governmental agency, to expressly advocate the nomination, election or defeat of a clearly identified candidate to state office or local office. The provisions of this section prohibiting the use of time of any officer or employee for such purposes shall not apply to an incumbent officer campaigning for nomination or reelection to a succeeding term to such office or to members of the personal staff of any elected officer. The provisions of this section shall not apply to the statutory duties of the commission on judicial performance pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.
(2) The provisions of this subsection shall not apply to the use of internet connectivity provided by the state of Kansas or any municipality to any candidate or elected official.
(3) Except as otherwise provided in this section, no municipality shall permit or allow any person to distribute, or cause to be distributed, within any building or other structure owned, leased or rented by such municipality any brochure, flier, political fact sheet or other document which expressly advocates the nomination, election or defeat of a clearly identified candidate for state or local office unless each candidate for such state or local office is permitted or allowed to do so in the same manner.
(4) For the purposes of this subsection, the term municipality shall have the meaning ascribed to it in K.S.A. 12-105a, and amendments thereto.
(b) Any person violating the provisions of this section shall be guilty of a class C misdemeanor.
History: L. 1991, ch. 150, § 15; L. 1998, ch. 117, § 13; L. 2008, ch. 145, § 6; L. 2009, ch. 143, § 13; L. 2015, ch. 85, § 10; July 1.
History: L. 1991, ch. 150, § 15; L. 1998, ch. 117, § 13; L. 2008, ch. 166, § 7; Repealed, L. 2009, ch. 143, § 37; July 1.
Excessive campaign contribution is: (a) Intentionally making any contribution in violation of any provision of K.S.A. 25-4153, or
(b) intentionally accepting any contribution made in violation of any provision of K.S.A. 25-4153.
Excessive campaign contribution is a class A misdemeanor.
History: L. 1981, ch. 171, § 29; July 1.
(a) Intentional violation of any provision of K.S.A. 25-4144, 25-4145, 25-4146, 25-4147, 25-4151, 25-4154 or 25-4165, and amendments thereto, or K.S.A. 25-4157a, or the confidentiality provision of K.S.A. 25-4161, and amendments thereto, is a class A misdemeanor.
(b) In addition to any penalty imposed under subsection (a) of this section, any member of the commission convicted of violating the confidentiality provisions of K.S.A. 25-4161, and amendments thereto, shall be removed from membership on the commission and any employee of the commission convicted of violating the confidentiality provisions of such section shall be discharged from employment by the commission. No member or employee of the commission convicted of violating the confidentiality provisions of K.S.A. 25-4161, and amendments thereto, shall be permitted to enter into any contract with or be employed by the state of Kansas or any agency or political or taxing subdivision thereof within five years next following the date of such conviction.
History: L. 1981, ch. 171, § 30; L. 1984, ch. 145, § 3; L. 1989, ch. 111, § 8; L. 1990, ch. 129, § 6; July 1.
(a) Except as provided by subsection (b), any combination of three or more individuals or a person other than an individual, not domiciled in this state, which makes or intends to make a contribution or contributions to a candidate, candidate committee, party committee or political committee in this state shall either:
(1) Prepare a verified statement containing: (A) The names and addresses of the responsible individuals; (B) the name and address of each person who has made one or more contributions to such out-of-state combination of individuals or person other than an individual in an aggregate amount in excess of $50 within the preceding 12 months, together with the amount and date of such contributions; and (C) the aggregate amount of all other contributions to such out-of-state combination of individuals or person other than an individual within the preceding 12 months. Such statement shall be filed in the office of the secretary of state at the times prescribed for the filing of reports of treasurers by K.S.A. 25-4148, and amendments thereto; or
(2) file a statement of organization as provided by K.S.A. 25-4145, and amendments thereto, establish a separate fund for the purpose of receiving contributions and making expenditures relating to any election for state office in this state and file statements and reports involving such fund in the manner provided by K.S.A. 25-4148, and amendments thereto, for political committees and party committees. Any transfer from another fund to the separate fund herein provided for shall be subject to the requirements of provision (1).
(b) The provisions of subsection (a) shall not apply to: (1) Any political party having a national organization which reports under federal law; (2) a bona fide corporation organized under the laws of another state; or (3) a union, if the contribution is made from union funds.
(c) Each combination of individuals or person other than an individual which is subject to this section shall maintain, in its own records, the name and address of any person who has made one or more contributions to such combination of individuals or person other than an individual, together with the amount and date of such contributions, regardless of whether such information is required to be reported.
History: L. 1981, ch. 171, § 31; L. 1986, ch. 144, § 1; L. 1990, ch. 122, § 12; May 31.
Every candidate for state or local office who intends to expend or have expended on such person's behalf an aggregate amount or value of less than $1,000, exclusive of such candidate's filing fee, and who intends to receive or have received on such person's behalf contributions in an aggregate amount or value of less than $1,000 in each of the primary and general elections shall file, not later than the ninth day preceding the primary election, an affidavit of such intent with the secretary of state for state offices. In the case of a candidate for a local office, such affidavit also shall be filed with the county election officer of the county in which the name of the candidate is on the ballot. No report required by K.S.A. 25-4148, and amendments thereto, shall be required to be filed by or for such candidate.
History: L. 1981, ch. 171, § 32; L. 1985, ch. 124, § 2; L. 1989, ch. 111, § 6; L. 1990, ch. 122, § 13; L. 1998, ch. 117, § 14; L. 2015, ch. 85, § 11; July 1.
Any candidate who has signed an affidavit pursuant to K.S.A. 25-4173, and amendments thereto, and who incurs expenses in excess of or receives contributions in excess of $500, exclusive of such candidate's filing fee, for either the primary or the general election shall, within three days of the date when expenditures or contributions exceed such amount, file all past due reports and shall be required to file all future reports on the dates required by K.S.A. 25-4148, and amendments thereto.
History: L. 1981, ch. 171, § 33; L. 1985, ch. 124, § 3; July 1.
For any calendar year during which a party or political committee intends to expend an aggregate amount or value of less than $500 and intends to receive contributions in an aggregate amount or value of less than $500 and during which such party or political committee intends to receive no contributions in excess of $50 from any one contributor, the treasurer of such party or political committee shall file an affidavit of such intent with the secretary of state if such committee is a party committee or a political committee which expressly advocates the nomination, election or defeat of a clearly identified candidate for state office and with the county election officer if the committee is a political committee which expressly advocates the nomination, election or defeat of a clearly identified candidate for local office. Such treasurer shall not be required to file the reports required by K.S.A. 25-4148, and amendments thereto, for the year for which such affidavit is filed. Such affidavit may be filed at any time not later than the ninth day preceding the primary election.
History: L. 1981, ch. 171, § 34; L. 1990, ch. 122, § 14; L. 1998, ch. 117, § 15; July 1.
The treasurer of any party or political committee for which an affidavit has been filed pursuant to K.S.A. 25-4175, in the year for which such affidavit is filed, makes expenditures or receives contributions in an aggregate amount or value in excess of $500 or receives contributions from any one contributor in excess of $50 shall, within three days of the date when such expenditures or contributions exceed such amount, file all past due reports and shall be required to file all future reports on the dates required by K.S.A. 25-4148.
History: L. 1981, ch. 171, § 35; July 1.
Failure to file an affidavit of intent is the intentional failure to file an affidavit as required by K.S.A. 25-4173 or 25-4175 or failing to file the reports required by the campaign finance act after a change in intent as required by K.S.A. 25-4174 or 25-4176.
Failure to file an affidavit of intent is a class A misdemeanor.
History: L. 1981, ch. 171, § 36; July 1.
(a) All advisory opinions of the commission created by K.S.A. 25-4119a, and amendments thereto, and which opinions were rendered prior to the effective date of this act and concerned campaign finance shall continue to be in force and effect respecting the provisions of law contained in the campaign finance act and shall be deemed advisory opinions of the commission concerning the provisions of the campaign finance act until revised, amended or nullified pursuant to law.
(b) All rules and regulations of the commission which were adopted prior to the effective date of this act as modified or changed by such commission shall continue to be in force and effect respecting the provisions of law contained in the campaign finance act and shall be deemed rules and regulations of the commission concerning the provisions of the campaign finance act until revised, amended or nullified pursuant to law.
History: L. 1981, ch. 171, § 37; L. 1991, ch. 150, § 16; July 1.
If any provisions of the campaign finance act or the application thereof to any person or circumstances is held invalid the invalidity does not affect other provisions or applications of the campaign finance act which can be given effect without the invalid provisions or application and to this end the provisions of the campaign finance act are severable.
History: L. 1981, ch. 171, § 38; July 1.
(a) Every person who engages in any activity promoting or opposing the adoption or repeal of any provision of the constitution of the state of Kansas and who accepts moneys or property for the purpose of engaging in such activity shall make an annual report to the secretary of state of individual contributions or contributions in kind in an aggregate amount or value in excess of $50 received during the preceding calendar year for such purposes. The report shall show the name and address of each contributor for the activity and the amount or value of the individual contribution made, together with a total value of all contributions received, and also shall account for expenditures in an aggregate amount or value in excess of $50 from such contributions, by showing the amount or value expended to each payee and the purpose of each such expenditure, together with a total value of all expenditures made. Each person who submits a report shall certify that:
(1) Such person has not knowingly accepted contributions or expenditures either directly or indirectly from a foreign national; and
(2) each donor named in such report is not a foreign national and has not knowingly accepted contributions or expenditures either directly or indirectly from any foreign national that in the aggregate exceed $100,000 within the four-year period immediately preceding the date of such donor's contribution or expenditure. The annual report shall be filed on or before February 15 of each year for the preceding calendar year.
(b) Each person who accepts contributions or expenditures as described in subsection (a) shall require each donor to certify that such donor is not a foreign national and has not knowingly accepted contributions or expenditures either directly or indirectly from any foreign national that in the aggregate exceed $100,000 within the four-year period immediately preceding the date of such donor's contribution or expenditure.
(c) Each person making an independent expenditure for any activity promoting or opposing the adoption or repeal of any provision of the constitution of the state of Kansas shall, within 48 hours of making such expenditure, certify to the commission that such person has not knowingly accepted any moneys either directly or indirectly from any foreign national that in the aggregate exceed $100,000 within the four-year period immediately preceding the date of such person's expenditure and shall not accept any such moneys during the remainder of the calendar year in which the question of amending the constitution of the state of Kansas is on the ballot.
(d) (1) No person shall accept, directly or indirectly, any contribution or expenditure from a foreign national made for any activity promoting or opposing the adoption or repeal of any provision of the constitution of the state of Kansas.
(2) The attorney general may prosecute any person who violates this subsection. Any person who believes the provisions of this subsection have been violated may file a complaint with the attorney general.
(3) In any civil action brought by the commission or the attorney general against a person who violates this subsection, the court may award injunctive relief sufficient to prevent any subsequent violations of this subsection by such person and statutory damages of not to exceed an amount that is twice the amount of the prohibited contribution or expenditure.
(e) As used in this section, "foreign national" means:
(1) An individual who is not a citizen or lawful permanent resident of the United States;
(2) a government or subdivision of a foreign country or municipality thereof;
(3) a foreign political party;
(4) any entity, such as a partnership, association, corporation, organization or other combination of persons, that is organized under the laws of, or has its principal place of business in, a foreign country; or
(5) any United States entity, such as a partnership, association, corporation or organization, that is wholly or majority-owned by any foreign national, unless: (1) Any contribution or expenditure that such entity makes is derived entirely from funds generated by such United States entity's United States operations; and (2) all decisions concerning the contribution or expenditure are made by individuals who are United States citizens or permanent residents, except for setting overall budget amounts.
(f) In addition to the annual report, a person engaging in an activity promoting the adoption or repeal of a provision of the Kansas constitution who accepts any contributed moneys for such activity shall make a preliminary report to the secretary of state 15 days prior to each election at which a proposed constitutional amendment is submitted. Such report shall show the name and address of each individual contributor, together with the amount contributed or contributed in kind in an aggregate amount or value in excess of $50, the expenditures in an aggregate amount or value in excess of $50 from such contributions, by showing the amount paid to each payee, and the purpose of the expenditure. A supplemental report in the same format as the preliminary report shall be filed with the secretary of state within 15 days after any election on a constitutional proposition where contributed funds are received and expended in opposing or promoting such proposition.
(g) Any person who engages in any activity promoting or opposing the adoption or repeal of any provision of the Kansas constitution shall be considered engaged in such activity upon the date that the concurrent resolution passes the Kansas house of representatives and the senate in its final form. Upon such date, if the person has funds in the constitutional amendment campaign treasury, such person shall be required to report such funds as provided by this section.
(h) (1) The commission shall send a notice by registered or certified mail to any person failing to file any report required by subsection (a), (f) or (g) within the time period prescribed therefor. The notice shall state that the required report has not been filed with the office of the secretary of state. The notice also shall state that such person shall have 15 days from the date that such notice is deposited in the mail to comply with the reporting requirements before a civil penalty shall be imposed for each day that the required documents remain unfiled. If such person fails to comply within the prescribed period, such person shall pay to the state a civil penalty of $10 per day for each day that such report remains unfiled, except that no such civil penalty shall exceed $300. The commission may waive, for good cause, payment of any civil penalty imposed by this section.
(2) Civil penalties provided for by this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas public disclosure commission fee fund.
(3) If a person fails to pay a civil penalty provided for by this section, it shall be the duty of the commission to bring an action to recover such civil penalty in the district court of the county in which such person resides.
(i) The intentional failure to file any report required by subsection (a) is a class A misdemeanor.
(j) This section shall be a part of and supplemental to the campaign finance act.
History: L. 1987, ch. 129, § 1; L. 1991, ch. 150, § 17; L. 1998, ch. 117, § 16; L. 1998, ch. 168, § 2; L. 2001, ch. 5, § 91; L. 2025, ch. 27, § 1; L. 2025, ch. 125, § 3; July 1.
(a) The commission, in addition to any other penalty prescribed under the campaign finance act, may assess a civil fine, after proper notice and an opportunity to be heard, against any person for a violation of the campaign finance act in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. Except as otherwise provided, the fine imposed by the commission in any one matter shall not exceed an amount that is triple the applicable fine for a single violation in such matter. In the event the respondent derived pecuniary gain from the specific violations, then, in lieu of the above fine amounts, the fine imposed may be fixed at an amount greater than that provided in this section, but in no event shall such amount exceed double the pecuniary gain derived from the violation by the respondent. Nothing in this section shall prevent the imposition of a separate fine by a court in a criminal proceeding. Whenever any civil fine or penalty is proposed to be assessed against the treasurer of any candidate who is not also the candidate, such notice shall be given to both the treasurer and the candidate prior to the assessment of such fine or penalty. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(b) No individual who has failed to pay any civil penalty or civil fine assessed, or failed to file any report required to be filed under the campaign finance act, unless such penalty or fine has been waived or is under appeal, shall be eligible to become a candidate for state office or local office until such penalty or fine has been paid or such report has been filed or both such penalty or fine has been paid and such report filed.
(c) The commission shall not order community service or any other specific performance in lieu of a civil fine as part of a consent decree or final order. Nothing in this section shall prohibit the commission from requiring training regarding or compliance with any provision of this act as part of a consent decree or final order.
(d) The commission shall not enter into any agreement with any person that legally binds the commission from enforcing any law against that person in exchange for the person's cooperation with or assistance of the commission in any matter unless such person has received immunity from criminal prosecution in the same matter from a county or district attorney or the attorney general pursuant to K.S.A. 22-3415, and amendments thereto.
History: L. 1988, ch. 369, § 2; L. 1991, ch. 150, § 18; L. 1995, ch. 203, § 1; L. 1998, ch. 117, § 17; L. 2001, ch. 5, § 92; L. 2023, ch. 23, § 10; April 20.
(a) If the commission determines after notice and opportunity for a hearing that any person has engaged or is engaging in any act or practice constituting a violation of any provision of the campaign finance act or any rule and regulation or order hereunder, the commission by order may require that such person cease and desist from the unlawful act or practice and take such affirmative action as in the judgment of the commission will carry out the purposes of such act.
(b) If the commission makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the commission may issue an emergency temporary cease and desist order. Such order, even when not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of such an order, the commission shall promptly notify the person subject to the order that it has been entered, of the reasons therefor and that upon written request the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Upon the request of the respondent, any hearing held under this act may be removed for hearing before a presiding officer from the office of administrative hearings as provided in K.S.A. 25-4161, and amendments thereto. If no hearing is requested and none is ordered by the commission, the order will remain in effect until it is modified or vacated by the commission. If a hearing is requested or ordered, the commission, after notice of and opportunity for hearing to the person subject to the order, shall by written findings of fact and conclusions of law vacate, modify or make permanent the order. Any such order shall be enforceable in any court of competent jurisdiction.
History: L. 1988, ch. 369, § 3; L. 1991, ch. 150, § 19; L. 2023, ch. 23, § 11; April 20.
Whenever it appears to the commission that any person has engaged in any act or practice constituting a violation of any provision of the campaign finance act or any rule and regulation or order hereunder, the commission may bring an action in any court of competent jurisdiction to enjoin the acts or practices and to enforce compliance with such act or any rule and regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, restitution, writ of mandamus or other equitable relief shall be granted.
History: L. 1988, ch. 369, § 4; L. 1991, ch. 150, § 20; July 1.
The commission may enter into a consent decree with any person who has violated the campaign finance act.
History: L. 1988, ch. 369, § 5; L. 1991, ch. 150, § 21; July 1.
Any person aggrieved by any order of the commission pursuant to this act may appeal such order in accordance with the provisions of the Kansas judicial review act.
History: L. 1988, ch. 369, § 6; L. 1991, ch. 150, § 22; L. 2010, ch. 17, § 41; July 1.
(a) Not later than 10 days after receiving any contribution or making any expenditure for a gubernatorial inauguration, the governor-elect shall appoint an inaugural treasurer. The name and address of such treasurer shall be reported to the secretary of state by the governor-elect not later than 10 days after the appointment.
(b) No person shall make any expenditure or make or receive any contribution or receipt, in kind or otherwise, for a gubernatorial inauguration except by or through the inaugural treasurer.
(c) The inaugural treasurer shall keep detailed accounts of all contributions and other receipts received, in kind or otherwise, and all expenditures made for a gubernatorial inauguration. Accounts of the treasurer may be inspected under conditions determined by the commission and shall be preserved for a period to be designated by the commission. Every person who receives a contribution or other receipt, in kind or otherwise, for an inaugural treasurer more than five days before the ending date of any period for which a report is required under this section, on demand of the treasurer, or in any event on or before the ending date of the reporting period, shall remit the same and render to the treasurer an account thereof, including the name and address of the person, if known, making the contribution or other receipt and the date received. No contribution or other receipt received by the inaugural treasurer shall be commingled with personal funds of the governor-elect or inaugural treasurer.
(d) The inaugural treasurer shall file with the secretary of state a report on March 10 and July 10 following the inauguration. The report filed on March 10 shall be for the period ending on February 28 and the report filed on July 10 shall be for the period beginning on March 1 and ending on June 30. Each report shall contain the information required to be stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and amendments thereto, and a declaration as to the correctness of the report in the form prescribed by K.S.A. 25-4151, and amendments thereto. The July 10 report shall be a termination report which shall include full information as to the disposition of residual funds. If a report is sent by certified mail on or before the day it is due, the mailing shall constitute receipt by the secretary of state.
(e) The aggregate amount contributed, in kind or otherwise, by any person for a gubernatorial inauguration shall not exceed $2,000. No person shall make a contribution in the name of another person, and no person knowingly shall accept a contribution made by one person in the name of another. No person shall give or accept any contribution in excess of $10 unless the name and address of the contributor is made known to the individual receiving the contribution. The aggregate of contributions for which the name and address of the contributor is not known shall not exceed 50% of the amount one person may contribute.
(f) No person shall copy any name of a contributor from any report filed under this section and use such name for any commercial purpose, and no person shall use any name for a commercial purpose with knowledge that such name was obtained solely by copying information relating to contributions contained in any report filed under this section.
(g) In addition to other reports required by this section, the inaugural treasurer shall report the amount and nature of debts and obligations owed for the gubernatorial inauguration, at times prescribed by the commission, continuing until such debts and obligations are fully paid or discharged.
(h) (1) No moneys received by any inaugural treasurer shall be used or be made available for the personal use of the governor-elect or governor and no such moneys shall be used by such governor-elect or governor except for legitimate gubernatorial inauguration expenses.
(2) For the purpose of this subsection, expenditures for "personal use" shall include expenditures to defray normal living expenses and expenditures for personal benefit having no direct connection with or effect upon the inauguration.
(i) (1) Before the filing of a termination report in accordance with this section, all residual funds not otherwise obligated for the payment of expenses incurred for the gubernatorial inauguration shall be remitted to the inaugural expense fund created by K.S.A. 25-4187, and amendments thereto, in an amount equal to the amount certified to the director of accounts and reports by the adjutant general as the amount expended by the adjutant general for expenses incurred in connection with the gubernatorial inauguration, or if the amount of residual funds is less than the amount certified, the entire amount of the deposit.
(2) Any residual funds not otherwise obligated shall either be:
(A) Donated to any charitable organization which qualifies as a 501(c)(3) not-for-profit corporation under the federal internal revenue code; or
(B) shall be remitted to the state treasurer who shall deposit the entire amount in the state treasury and credit such money to the executive mansion gifts fund for the purpose of funding expenditures relating to the governor's residence, historic properties or both. Such expenditures shall be subject to approval of the governor's residence advisory commission.
(j) (1) The commission shall send a notice by registered or certified mail to any inaugural treasurer who fails to file any report required by this section within the time period prescribed therefor. The notice shall state that the required report has not been filed with the office of the secretary of state. The notice also shall state that the treasurer shall have 15 days from the date such notice is deposited in the mail to comply with the reporting requirements before a civil penalty shall be imposed for each day that the required documents remain unfiled. If the treasurer fails to comply within the prescribed period, the treasurer shall pay to the state a civil penalty of $10 per day for each day that the report remains unfiled, except that no such civil penalty shall exceed $300. The commission may waive, for good cause, payment of any civil penalty imposed by this subsection.
(2) Civil penalties provided for by this subsection shall be paid to the state treasurer, who shall deposit the entire amount in the state treasury and credit it to the Kansas public disclosure commission fee fund.
(3) If a person fails to pay a civil penalty provided for by this section, it shall be the duty of the commission to bring an action to recover such civil penalty in the district court of Shawnee county.
(k) Any violation of subsection (e), (f) or (h) or any intentional failure to file any report required by this section is a class A misdemeanor.
(l) Nothing in this section shall be construed to apply to expenditures of state moneys related to any inaugural activity.
(m) This section shall be a part of and supplemental to the campaign finance act.
History: L. 1994, ch. 209, § 1; L. 1998, ch. 117, § 18; L. 1998, ch. 168, § 3; L. 2011, ch. 64, § 1; L. 2025, ch. 65, § 16; July 1.
(a) There is hereby created in the state treasury the inaugural expense fund. Expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of the accounts and reports issued pursuant to vouchers approved by the adjutant general or a person designated by the adjutant general.
(b) Moneys credited to the inaugural expense fund shall be expended only to reimburse the adjutant general for expenses incurred by the adjutant general in connection with a gubernatorial inauguration.
History: L. 1994, ch. 209, § 2; July 1.
History: L. 1998, ch. 172, § 2; Repealed, L. 2011, ch. 64, § 2; May 19.
(a) No candidate for elected office shall either appear in a public service announcement or advertisement or allow the candidate's name to be used in a public service announcement or advertisement during a period beginning 60 days before any primary election in which the candidate's name appears on the ballot and ending with the conclusion of the general election.
(b) As used in this section:
(1) "Public service announcement or advertisement" means any message broadcast by electronic, telephone or print media promoting or announcing some issue of public importance, public concern or public welfare regardless of whether or not the announcement or advertisement involves the donation of time or space on behalf of the media or is paid for with public sector funds or private sector funds from the current contractor of the sponsoring government entity;
(2) "electronic media" shall not include the website for the government agency or other entity that administers the program promoted by the public service announcement or advertisement; and
(3) "print media" means direct mail literature and advertisements in any newspaper, magazine or any other periodical publication, but it shall not include printed literature promoting a program so long as it is used regularly throughout the year in the regular course of business and not distributed in an unsolicited direct mail advertising campaign at a cost exceeding $2,000 during a period beginning 60 days before any primary election in which the candidate's name appears on the ballot and ending with the conclusion of the general election.
(c) Any candidate who intentionally violates this section shall be subject to the civil penalties provided by K.S.A. 25-4181, and amendments thereto.
(d) This act shall be part of and supplemental to the campaign finance act.
History: L. 2011, ch. 112, § 18; July 1.
If any person elected to state or local office decides not to be a candidate for such office at the next election or is defeated as a candidate for such office, whether in a primary election or a general election, then any candidate campaign account for such person for such office shall be terminated on or before the date that is 90 days after the date of the second subsequent general election for such office in which such person is not elected. The treasurer for any such candidate campaign account shall dispose of any residual funds as required under K.S.A. 25-4157a, and amendments thereto, and file the required termination report pursuant to K.S.A. 25-4157, and amendments thereto.
History: L. 2025, ch. 65, § 1; July 1.
History: L. 1974, ch. 154, § 1; Repealed, L. 1987, ch. 129, § 2; July 1.
All elected public officials in the state, except judicial officers, are subject to recall by the voters of the state or the political subdivision from which elected.
History: L. 1976, ch. 178, § 1; April 14.
(a) Grounds for recall are conviction of a felony, misconduct in office or failure to perform duties prescribed by law. 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.
(b) As used in this section, the term "misconduct in office" means a violation of law by the officer that impacts the officer's ability to perform the official duties of the office.
History: L. 1976, ch. 178, § 16; L. 1987, ch. 130, § 1; L. 1999, ch. 105, § 8; L. 2003, ch. 127, § 1; July 1.
The secretary of state may adopt rules and regulations for the administration of this act, and such rules and regulations may specify any forms needed therefor.
History: L. 1976, ch. 178, § 17; April 14.
(a) K.S.A. 25-4305 to 25-4317, inclusive, apply only to recall of the governor, members of the legislature, any public officials elected by the electors of the entire state and members of the state board of education. For the purpose of this act, officers mentioned in this subsection are "state officers."
(b) The provisions of this act do not apply to any judicial officer.
(c) K.S.A. 25-4318 to 25-4331, inclusive, apply only to recall of all elected public officials who are provided by law to be elected at an election conducted by one or more county election officers, except those officers specified in subsections (a) and (b). For the purpose of this act, officers to which this subsection apply are "local officers."
(d) Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (a) applies shall be a state officer for the purpose of this act. Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (c) applies shall be a local officer for the purpose of this act.
History: L. 1976, ch. 178, § 2; April 14.
The recall of a state officer, except the secretary of state, is proposed by filing an application with the secretary of state. The recall of the secretary of state is proposed by filing an application with the lieutenant governor, who shall perform the duties imposed on the secretary of state in the recall of other state officers. A deposit of $100 must accompany the application. This deposit will be remitted to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund if a petition is not properly filed. If a petition is properly filed the deposit shall be refunded. No application for the recall of a state officer may be filed during the first 120 days or the last 200 days of the term of office of such officer.
History: L. 1976, ch. 178, § 3; L. 2001, ch. 5, § 93; July 1.
The application under K.S.A. 25-4305 shall include (a) the name and office of the person sought to be recalled, (b) the grounds for recall described in particular in not more than 200 words, (c) a statement that the sponsors are residents of the state of Kansas and possess the qualifications of an elector of the state of Kansas and who signed the application with the statement of grounds for recall attached, (d) the designation of a recall committee of three sponsors who shall represent all sponsors and subscribers in matters relating to the recall, (e) the designation of at least 100 residents of the state of Kansas who possess the qualifications of electors of the state of Kansas and who subscribe to the application as sponsors for purposes of circulation, and (f) the signatures and addresses of registered electors in the state or election district of the state officer sought to be recalled equal in number to not less than 10% of the votes cast for all candidates for the office of the state officer sought to be recalled, such percentage to be based upon the last general election for the current term of office of the officer sought to be recalled.
History: L. 1976, ch. 178, § 4; L. 1976, ch. 177, § 1; L. 2001, ch. 128, § 8; L. 2003, ch. 127, § 2; July 1.
Notice on all matters pertaining to the application and petition may be served on any member of the recall committee in person or by mail addressed to a committee member as indicated on the application. The secretary of state, upon request, shall notify the recall committee of the official number of votes cast for all candidates for the office of the state officer sought to be recalled, such percentage to be based upon the last general election for the current term of office of the officer sought to be recalled. County election officers shall assist the secretary of state as requested by such secretary.
History: L. 1976, ch. 178, § 5; L. 1976, ch. 177, § 2; L. 2003, ch. 127, § 3; July 1.
(a) The secretary of state shall review the application and shall either certify such application or notify the recall committee of the grounds of refusal. The secretary of state shall deny certification if the secretary of state determines that:
(1) The facts do not support the grounds for recall as stated in the application;
(2) the application is not substantially in the required form;
(3) the application was filed during the first 120 days of the term of office of the official sought to be recalled or within less than 200 days of the termination of the term of office of the state officer sought to be recalled;
(4) the person named in the application is not a state officer;
(5) there is an insufficient number of required signatures of any kind;
(6) the state officer sought to be recalled has been or is being subjected to another recall election during such officer's current term of office; or
(7) the application does not conform to any other requirement of this act.
(b) All mandamus proceedings to compel a recall election and all injunction proceedings to restrain a recall election shall be commenced within 30 days after the secretary of state's decision.
History: L. 1976, ch. 178, § 6; L. 1978, ch. 147, § 1; L. 2003, ch. 127, § 4; L. 2007, ch. 125, § 4; July 1.
(a) If the secretary of state certifies the application, he or she shall prescribe the form of, and prepare, a petition containing (1) the name and office of the person to be recalled, (2) the statement of the grounds for recall included in the application, (3) the statement of warning required in subsection (b), (4) sufficient space for signatures and addresses, and (5) other specifications prescribed by the secretary of state to assure proper handling and control. Petitions, for purposes of circulation, shall be prepared by the secretary of state in a number reasonably calculated to allow full circulation throughout the state or throughout the election district of the state officer sought to be recalled. The secretary of state shall number each petition and shall keep a record of the petitions delivered to each sponsor.
(b) Any person who signs a name other than that person's own name to a petition for recall of a state officer, or who knowingly signs more than once for the same proposition at one election, or who signs the petition knowing he or she is not a registered elector is guilty of a class B misdemeanor. Each page of the petition shall include a statement of warning of this crime.
History: L. 1976, ch. 178, § 7; April 14.
The petitions may be circulated by a petition circulator, as defined in K.S.A. 25-3608, and amendments thereto, only in person throughout the state or election district of the state officer sought to be recalled. No copy of a 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 secretary of state the sufficiency of the signatures on the petition. Any registered elector of such election district or of the state, as the case may be, may subscribe to the petition by signing the elector's name and address as the same appears on the voter registration books. A person who has signed the petition may withdraw such person's name only by giving written notice to the secretary of state before the date the petition is filed. The necessary signatures on a petition shall be secured within 90 days from the date that the petitions prepared by the secretary of state pursuant to K.S.A. 25-4309, and amendments thereto, are delivered to the recall committee. The petition shall be signed only in ink. Illegible signatures unless accompanied by a legible printed name may be rejected by the secretary of state or by any county election officer assisting the secretary of state.
History: L. 1976, ch. 178, § 8; L. 1988, ch. 119, § 6; L. 2001, ch. 128, § 9; L. 2014, ch. 98, § 7; May 15.
Before being filed, each petition shall be certified by an affidavit by the sponsor who personally circulated the petition. The affidavit shall state in substance that (a) the person signing the affidavit is a sponsor, (b) the person is the only circulator of that petition or copy, (c) the signatures were made in the petition circulator's actual presence, (d) to the best of the petition circulator's knowledge, the signatures are those of the persons whose names they purport to be, and (e) the person circulated the petition in the manner provided by this act. In determining the sufficiency of the petition, the secretary of state and county election officers assisting the secretary of state shall not count subscriptions on petitions not properly certified. Only one election may be held for the recall of a particular state officer in a single term of office, and no application for a second recall election within a single term shall be approved nor shall any petition therefor be circulated. No petition may be filed within less than 180 days of the termination of the term of office of the state officer sought to be recalled. The recall committee may file the petition only if signed by registered electors in the state or in the election district of the state officer sought to be recalled equal in number to not less than 40% of the votes cast for all candidates for the office of the state officer sought to be recalled, such percentage to be based upon the last general election for the current term of office of the state officer sought to be recalled.
History: L. 1976, ch. 178, § 9; L. 1976, ch. 177, § 3; L. 1978, ch. 147, § 2; L. 2003, ch. 127, § 5; July 1.
The secretary of state with the assistance and co-operation of each county election officer involved shall determine the sufficiency of each application and petition for recall of a state officer. Within thirty (30) days of the date of filing, the secretary of state shall review the petition and shall notify the recall committee and the person sought to be recalled whether the petition was properly or improperly filed. The secretary of state shall notify the committee that the petition was improperly filed if he or she determines that (a) there is an insufficient number of subscribing qualified registered electors, (b) the petition was filed within less than one hundred and eighty (180) days of the termination of the term of office of the state officer sought to be recalled or (c) the petition does not conform to any other requirement of this act.
History: L. 1976, ch. 178, § 10; L. 1978, ch. 147, § 3; April 25.
History: L. 1976, ch. 178, § 11; Repealed, L. 1985, ch. 125, § 1; July 1.
If the secretary of state determines the petition is properly filed and if the office is not vacant, he or she shall prescribe the ballot form and shall call a special election to be held on a date not less than sixty (60), nor more than ninety (90), days after the date that notification is given that the petition was properly filed. If a primary or general election is to be held not less than sixty (60), nor more than ninety (90), days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election. The ballot shall be designed with the question of whether the state officer shall be recalled, placed on the ballot in the following manner: "Shall
(name of official)
be recalled from the office of ______________?". Provision shall be made for marking the question "Yes" or "No." Except as otherwise specifically provided by this act, laws applicable to question submitted elections shall apply to elections held under this section.
History: L. 1976, ch. 178, § 12; April 14.
The secretary of state shall provide each county election officer in the state or in the election district of the state officer sought to be recalled with one copy of the statement of the grounds for recall included in the application and one copy of the statement of not more than 200 words made by the state officer sought to be recalled in justification of such state officer's conduct in office. The state officer sought to be recalled may provide the secretary of state with such state officer's statement within 10 days after the date the secretary of state gave notification that the petition was properly filed. Each county election officer shall maintain such statements for public inspection.
History: L. 1976, ch. 178, § 13; L. 2003, ch. 127, § 6; July 1.
If a majority of the votes cast on the question of recall favor the recall of the state officer, the state board of canvassers shall so determine and the secretary of state shall so certify and the office shall be vacant on the day after the date of certification. A vacancy caused by a recall shall be filled as a vacancy caused by other means.
History: L. 1976, ch. 178, § 14; April 14.
Any person aggrieved by a determination made by the secretary of state or lieutenant governor with respect to recall of a state officer may bring an action to have such determination reviewed within thirty (30) days of the date on which notice of determination was given by action in the district court of Shawnee county or of the county of the legal residence of state officer.
History: L. 1976, ch. 178, § 15; April 14.
The recall of a local officer is proposed by filing a petition with the county election officer of the county in which all or the greater part of the population of the election district of the local officer is located, if not a school district, or the home county of the school district, if the election district of the local officer is a school district. The recall of a county election officer (if elected) is proposed by filing a petition with the county attorney of his or her county who shall perform the duties imposed on the county election officer in the recall of other local officers.
History: L. 1976, ch. 178, § 18; April 14.
Subject to rules and regulations of the secretary of state, the recall election of a local officer shall be conducted by the county election officer of the county in which the petition is required to be filed. Other county election officers of counties in which any part of the election district of the officer sought to be recalled shall assist the county election officer conducting such election.
History: L. 1976, ch. 178, § 19; April 14.
(a) Each petition for recall of a local officer shall include: (1) The name and office of the local officer sought to be recalled; (2) the grounds for recall described in particular in not more than 200 words; (3) a statement that the petition signers are registered electors of the election district of the local officer sought to be recalled; (4) the names and addresses of three registered electors of the election district of the officer sought to be recalled who shall comprise the recall committee; (5) the statement of warning required in K.S.A. 25-4321, and amendments thereto; and (6) a statement that a list of all petition circulators, as defined in K.S.A. 25-3608, and amendments thereto, authorized to circulate recall petitions for such recall may be examined in the office of the county election officer where the petition is required to be filed.
(b) Each page of a petition for recall of a local officer shall be in substantially the following form:
I, the undersigned, hereby seek the recall of ___________ from the office of ____________, on the ground(s) that _____________, (state specific grounds) and declare that I am a registered elector of ______________ County, Kansas, and of the election district of the officer named above.
| Name of Signer | Street Number or RR (as Registered) | Name of City | Date of Signing | | --- | --- | --- | --- | | | | | | | | | | |
NOTE:
| 1. | It is a class B misdemeanor to sign a name other than your own name to this petition, to knowingly sign more than once for the recall of the same officer at the same election or to sign this petition knowing you are not a registered elector. | | --- | --- | | 2. | The following comprise the recall committee: (names and resident addresses) | | 3. | A list of all petition cirulators, as defined in K.S.A. 25-3608, and amendments thereto, authorized to circulate petitions for this recall may be examined in the office of the ____________ County election officer. |
(c) A county election officer shall provide a sample of the form prescribed by subsection (b) upon request by any person.
(d) The affidavit required by K.S.A. 25-4325, and amendments thereto, shall be appended to each petition for recall of a local officer.
History: L. 1976, ch. 178, § 20; L. 1978, ch. 147, § 4; L. 1988, ch. 119, § 7; L. 1991, ch. 104, § 2; L. 2001, ch. 128, § 10; L. 2014, ch. 98, § 8; May 15.
Any person who signs a name other than that person's own name to a petition for recall of a local officer, or who knowingly signs more than once for the same proposition at one election, or who signs the petition knowing he or she is not a registered elector is guilty of a class B misdemeanor. Each page of the petition shall include a statement of warning of this crime.
History: L. 1976, ch. 178, § 21; L. 1976, ch. 176, § 1; L. 1978, ch. 147, § 5; April 25.
(a) Before any petition for recall of a local officer is circulated, a copy thereof accompanied by names and addresses of the recall committee and sponsors shall be filed in the office of the county election officer with whom the petitions are required to be filed. The copy of the petition so filed shall be subscribed by the members of the recall committee in the presence of such county election officer. The recall committee 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 all candidates for the office of the local officer sought to be recalled, such percentage to be based upon the last general election for the current term of office of the officer sought to be recalled.
(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 business 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, the officer sought to be recalled and the recall committee of such determination. Such determination shall include whether:
(1) The facts do not support the grounds for recall as stated in the petition for recall;
(2) the petition is not substantially in the required form;
(3) the petition was filed during the first 120 days of the term of office of the official sought to be recalled or within less than 180 days of the termination of the term of office of the officer sought to be recalled;
(4) the person named in the petition is not a local officer;
(5) there is an insufficient number of required signatures of any kind;
(6) the local officer sought to be recalled has been or is being subjected to another recall election during such officer's current term of office; or
(7) the application does not conform to any other requirement of this act.
(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 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.
(d) All mandamus proceedings to compel a recall election and all injunction proceedings to restrain a recall election shall be commenced within 30 days after the county or district attorney's decision.
History: L. 1976, ch. 178, § 22; L. 1976, ch. 177, § 4; L. 1999, ch. 105, § 9; L. 2003, ch. 127, § 7; L. 2007, ch. 125, § 5; L. 2023, ch. 79, § 59; July 1.
(a) No petition for recall of a local officer may be filed during the first one hundred and twenty (120) days of the term of office of the local officer sought to be recalled or within less than one hundred and eighty (180) days of the termination of the term of office of the local officer sought to be recalled.
(b) Only one recall election may be held to recall a particular local officer in a single term of office, and no petition for a second recall election within a single term shall be approved or circulated.
(c) The number of local officers serving on the same governing body which may be subject to recall at the same time shall not exceed a majority of the members of the governing body minus one, and no petition for recall of a local officer serving on a governing body shall be approved if petitions for the recall of other local officers serving on the same governing body have been properly filed and elections thereon have not been held and the number of such other local officers equals a majority of the members of the governing body minus one.
History: L. 1976, ch. 178, § 23; L. 1978, ch. 147, § 6; April 25.
The petitions shall be circulated in person by a sponsor. 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 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.
History: L. 1976, ch. 178, § 24; L. 1978, ch. 147, § 7; L. 1991, ch. 104, § 3; L. 1999, ch. 105, § 10; L. 2002, ch. 146, § 8; July 1.
Before being filed, each petition shall be certified by an affidavit by the sponsor who personally circulated the petition. The affidavit shall state in substance that (a) the person signing the affidavit is a sponsor, (b) the person is the only circulator of that petition or copy, (c) the signatures were made in such person's actual presence, (d) to the best of such person's knowledge, the signatures are those of the persons whose names they purport to be, (e) the person circulated the petition in the manner provided by this act and (f) the person signing the affidavit, being duly sworn, on oath states that the statements of grounds for recall contained in the recall petition are true. In determining the sufficiency of the petition, the county election officer shall not count signatures on petitions not properly certified. The recall committee may file the petition only if signed by registered electors in the election district of the local officer sought to be recalled equal in number to not less than 40% of the votes cast for all candidates for the office of the local officer sought to be recalled, such percentage to be based upon the last general election for the current term of office of the local officer sought to be recalled. If more than one person was elected to such office at such election the number of signatures required shall be equal to not less than 40% of the votes cast at such election for all candidates for the office divided by the number of persons elected to such office.
History: L. 1976, ch. 178, § 25; L. 1976, ch. 177, § 5; L. 1978, ch. 147, § 8; L. 1987, ch. 130, § 2; L. 2003, ch. 127, § 8; July 1.
The county election officer of the county where petitions are required to be filed, with the assistance and cooperation of each other county election officer involved, shall determine the sufficiency of each petition for recall of a local officer. Within thirty (30) days of the date of filing, such county election officer shall review the petition and shall notify the recall committee and the local officer sought to be recalled whether the petition was properly or improperly filed. Such county election officer shall notify the recall committee that the petition was improperly filed if he or she determines that (a) there is an insufficient number of subscribing qualified registered electors, (b) the petition was filed within less than one hundred and eighty (180) days of the termination of the term of office of the local officer sought to be recalled, (c) the local officer sought to be recalled has been or is being subjected to another recall election during his or her current term of office, (d) petitions for the recall of other local officers serving on the same governing body have been properly filed and elections thereon have not been held and the number of such local officers equals a majority of the members of the governing body minus one or (e) the petition does not conform to any other requirement of this act.
History: L. 1976, ch. 178, § 26; L. 1978, ch. 147, § 9; April 25.
History: L. 1976, ch. 178, § 27; Repealed, L. 1985, ch. 125, § 1; July 1.
If the county election officer of the county where petitions are required to be filed determines the petition is properly filed and if the office is not vacant, such election officer shall prepare the ballots and shall call a special election to be held on a date not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed. If a vacancy occurs in the office held by the local officer sought to be recalled at any time after the date that notification is given that the petition therefor was properly filed, the county election officer, if such officer determines that unnecessary election expenses may be avoided thereby, may cancel such special election. The county election officer shall immediately notify the recall committee and any other county election officer involved of such vacancy and determination and take such other action as may be necessary to withdraw such proposition from submission to election. If a primary or general election is to be held not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election. If an election at which all or some of the residents of the district are entitled to vote, is to be held more than 90 days but not more than 120 days after the date notification is given that the petition was properly filed, the recall election may be held on the date of such election. The ballot shall be designed with the question of whether the local officer shall be recalled, placed on the ballot in the following manner: "Shall
(name of official)
be recalled from the office of ______________?" Provision shall be made for marking the question "Yes" or "No." Except as otherwise specifically provided by this act, laws applicable to question submitted elections shall apply to elections held under this section.
History: L. 1976, ch. 178, § 28; L. 1984, ch. 146, § 1; L. 1992, ch. 1, § 1; February 13.
Within 10 days after the date the county election officer gave notification that the recall petition was properly filed, the person sought to be recalled may provide to the county election officer such person's statement, containing not more than 200 words, in justification of such person's conduct in office. The county election officer shall maintain such statement for public inspection.
History: L. 1976, ch. 178, § 29; L. 2003, ch. 127, § 9; July 1.
If a majority of the votes cast on the question of recall favor the recall of the local officer, the county board of canvassers shall so determine and the county election officer shall so certify and the office shall be vacant on the day after the date of certification. A vacancy caused by a recall shall be filled as a vacancy caused by other means. No local officer who has been recalled, or who has resigned after a petition for recall has been filed to recall such officer, shall be eligible for appointment to fill such vacancy, and if the officer is a member of a governing body, the person so resigning shall be ineligible for appointment to any other position or office on such governing body until the current term of that office has expired.
History: L. 1976, ch. 178, § 30; L. 1980, ch. 114, § 1; July 1.
Any person aggrieved by a determination made by the county election officer or county attorney of the county where petitions are required to be filed may bring an action to have the determination reviewed within thirty (30) days of the date on which notice of determination was given by action in the district court of such county.
History: L. 1976, ch. 178, § 31; April 14.
As used in this act unless the context otherwise requires:
(a) "Ballot" may include an electronic display or printed document containing the offices and questions on which voters in a specified voting area are eligible to vote.
(b) "Counting location" means the location in the county selected by the county election officer for the counting of ballots.
(c) "Electronic or electromechanical voting system" means a system of casting votes and tabulating ballots employing automatic tabulating equipment or data processing equipment including a direct recording electronic system.
(d) "Direct recording electronic system" means a system that records votes by means of a ballot display provided with mechanical or electro-optical components that can be activated by the voter, that processes data by means of a computer program, that records voting data and ballot images in memory components, that produces a tabulation of the voting data stored in a removable memory component and as printed copy, and that may also provide a means for transmitting individual ballots or vote totals to a central location for consolidating and reporting results from precincts at the central location.
(e) "Electronic poll book" means an electronic list of registered voters for a particular precinct or polling location that may be transported to a polling location and on which each voter may sign the voter's signature. "Electronic poll book" includes both the hardware and software necessary for operation. An "electronic poll book" is a type of "poll book" as provided in K.S.A. 25-2507, and amendments thereto. "Electronic poll book" does not include automatic tabulating equipment or data processing equipment, including a direct recording electronic system, that are components of an electronic or electromechanical voting system.
History: L. 1977, ch. 129, § 1; L. 1982, ch. 158, § 14; L. 2007, ch. 125, § 10; L. 2022, ch. 87, § 10; July 1.
Subject to the limitations of article 44 of chapter 25 of Kansas Statutes Annotated, and amendments thereto, the board of county commissioners and the county election officer of any county are authorized to purchase, lease or rent and use electronic or electromechanical voting systems or electronic poll books as provided by K.S.A. 25-4403, and amendments thereto.
History: L. 1977, ch. 129, § 2; L. 1980, ch. 115, § 1; L. 2022, ch. 87, § 11; July 1.
(a) The board of county commissioners and the county election officer of any county may provide an electronic or electromechanical voting system or electronic poll books to be used at voting places, or for advance voting in the county at national, state, county, township, city and school primary and general elections and in question submitted elections.
(b) The board of county commissioners of any county in which the board of county commissioners and county election officer have determined that an electronic or electromechanical voting system or electronic poll books shall be used may issue bonds to finance and pay for purchase, lease or rental of such a system.
(c) The board of county commissioners and the county election officer of any county may adopt, experiment with or abandon any electronic or electromechanical system or electronic poll books herein authorized and approved for use in the state and may use such a system in all or any part of the voting areas within the county or in combination with an optical scanning voting system or with regular paper ballots. Whenever the secretary of state rescinds approval of any voting system or electronic poll books, the board of county commissioners and the county election officer shall abandon the system or electronic poll books until changes therein required by the secretary of state have been made, or if the secretary of state advises that acceptable changes cannot be made therein, the abandonment shall be permanent.
(d) On and after the effective date of this act, no board of county commissioners in any county may purchase, lease or rent any direct recording electronic system, as defined in K.S.A. 25-4401(d), and amendments thereto. On and after the effective date of this act, no board of county commissioners in any county may purchase, lease or rent any electronic or electromechanical voting system, unless such system:
(1) Provides a paper record of each vote cast, produced at the time the vote is cast; and
(2) has the ability to be tested both before an election and prior to the date of canvass. Such test shall include the ability to match the paper record of the machine to the vote total contained in the machine.
(e) No component of an electronic or electromechanical voting system shall have the capability to be connected to the internet or to any other communications or computer network, including, but not limited to, a local area network, wireless network, cellular network or satellite network, or to use bluetooth or any other wireless communications technology.
(f) On and after July 1, 2022, no board of county commissioners or the county election officer of any county may purchase, lease or rent any electronic poll books unless the kind or make of such poll books have been certified by the secretary of state. No electronic poll book may be operated unless its network connectivity meets the security standards established by the secretary of state.
History: L. 1977, ch 129, § 3; L. 1980, ch. 115, § 2; L. 2007, ch. 125, § 11; L. 2018, ch. 116, § 9; L. 2022, ch. 87, § 12; July 1.
The secretary of state shall examine and approve the kinds or makes of electronic or electromechanical voting systems, including operating systems, firmware and software, and electronic poll books, and no kind or make of such system or electronic poll book shall be used at any election unless and until it receives certification by the secretary of state and a statement thereof is filed in the office of the secretary of state.
History: L. 1977, ch. 129, § 4; L. 2007, ch. 125, § 12; L. 2022, ch. 87, § 13; July 1.
(a) Any person, firm or corporation desiring to sell any kind or make of electronic or electromechanical voting system or electronic poll book to political subdivisions in Kansas may in writing request the secretary of state to examine the kind or make of the system which it desires to sell and shall accompany the request with a certified check in the sum of $250 payable to the secretary of state to be used to defray a portion of the costs of such examination, and shall furnish at its own expense such system to the secretary of state for use in examining such system. The secretary of state may require such person, firm or corporation to furnish a competent person to explain the system or electronic poll book and demonstrate by the operation of such system or electronic poll book that it complies with any applicable state and federal laws and regulations. The secretary of state may employ a competent person or persons to assist in the examination and to advise the secretary as to the sufficiency of such voting system or electronic poll book and to pay such persons reasonable compensation therefor. The costs of employment and any other costs associated with the approval of such system shall be paid by the applicant.
(b) The secretary of state may require a review of any theretofore approved electronic or electromechanical voting system or electronic poll book and the equipment and operation thereof. Such review shall be commenced by the secretary of state giving written notice thereof to the person, firm or corporation which sought approval of the voting system or electronic poll book and to each county election officer and county commissioner of counties known to have purchased, leased or rented any such voting system or electronic poll book or equipment thereof. Such notice shall fix a time and place of hearing at which those persons wishing to be heard may appear and give oral or written testimony and explanation of the voting system or electronic poll book, its equipment and operation and experience had therewith. After such hearing date and after such review as the secretary of state deems appropriate, the secretary of state may renew approval of the voting system or electronic poll book, require changes therein for continued approval thereof or rescind approval previously given on either a conditioned or permanent basis.
(c) The secretary of state may appoint persons to assist county election officers or county commissioners in the testing of any electronic or electromechanical voting system or electronic poll book and its equipment or the programs of such system or electronic poll book.
History: L. 1977, ch. 129, § 5; L. 1980, ch. 115, § 3; L. 1981, ch. 172, § 1; L. 2007, ch. 125, § 13; L. 2022, ch. 87, § 14; July 1.
Electronic or electromechanical voting systems approved by the secretary of state:
(a) Shall provide for voting for the candidates for nomination or election of all political parties officially recognized pursuant to K.S.A. 25-302a, and amendments thereto;
(b) shall permit a voter to vote for any independent candidate for any office;
(c) shall provide for voting on constitutional amendments or other questions submitted;
(d) shall be so constructed that, as to primaries where candidates are nominated by political parties, the voter can vote only for the candidates for whom the voter is qualified to vote according to articles 2 and 33 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(e) shall afford the voter an opportunity to vote for any or all candidates for an office for whom the voter is by law entitled to vote and no more, and at the same time shall prevent the voter from voting for the same candidate twice for the same office;
(f) shall be so constructed that in presidential elections the presidential electors of any political party may be voted for by one action;
(g) shall provide for "write-in" votes;
(h) shall provide for voting in absolute secrecy, except as to persons who request assistance due to temporary illness or disability or a lack of proficiency in reading the English language;
(i) shall reject all votes for an office or upon a question submitted when the voter has cast more votes for such office or upon such question than the voter is entitled to cast;
(j) shall provide for instruction of voters on the operation of voting machines, illustrating the manner of voting by the use of such systems. The instruction may include printed materials or demonstration by election board workers;
(k) shall provide a paper record of each vote cast, produced at the time the vote is cast;
(l) shall have the ability to be tested both before an election and prior to the date of canvass. The test shall include the ability to match the paper records of such machines to the vote totals contained in the machines;
(m) shall meet the requirements of the help America vote act of 2002 and other federal statutes and regulations governing voting equipment; and
(n) shall not have the capability nor shall any component of an electronic or electromechanical voting system have the capability to be connected to the internet or to any other communications or computer network, including, but not limited to, a local area network, wireless network, cellular network or satellite network, or to use bluetooth or any other wireless communications technology.
History: L. 1977, ch. 129, § 6; L. 1980, ch. 115, § 4; L. 2000, ch. 49, § 4; L. 2007, ch. 125, § 14; L. 2018, ch. 116, § 10; L. 2022, ch. 87, § 15; July 1.
(a) When a board of commissioners and county election officer have determined that such kind or make of electronic or electromechanical voting system or electronic poll book shall be used in a county, the board of county commissioners and the county election officer shall provide such number of units as shall be necessary to equip voting places for the use of voters.
(b) No tax shall be levied under this section, nor shall any moneys be paid from any fund under authority of this section for any contract to purchase, lease or rent any electronic or electromechanical voting system or equipment thereof or electronic poll books, if approval of such voting system or equipment or kind or make of electronic poll book has been rescinded by the secretary of state.
(c) The secretary of state may purchase, rent or lease voting equipment only for the purpose of providing such equipment to counties pursuant to the provisions of the help America vote act of 2002.
History: L. 1977, ch. 129, § 7; L. 1979, ch. 52, § 140; L. 1980, ch. 115, § 5; L. 2007, ch. 125, § 15; L. 2022, ch. 87, § 16; July 1.
The board of county commissioners shall provide for the storage of electronic or electromechanical voting systems and electronic poll books. The county election officer shall be in complete charge of the voting systems and electronic poll books, their safekeeping when not in use and keeping them in repair and working order and shall see that they are delivered to the voting places in time for all arrangements to be made and for the voting systems and electronic poll books to be ready for use at the hour of opening the polls. After the election the county election officer shall see that the voting systems and electronic poll books are returned to the place of storage, or are secured for on-site storage.
History: L. 1977, ch. 129, § 8; L. 2022, ch. 87, § 17; July 1.
(a) The ballot information, shall, as far as practicable, be in the order of arrangement provided for paper ballots except that such information may be in vertical or horizontal rows, or in a number of separate pages. Voting squares or ovals may be before or after the names of candidates and statements of questions, and shall be of such size as is compatible with the type of system used. Ballot information shall be displayed in as plain clear type and size as the ballot spaces will reasonably permit. Where candidate rotation is used, the voting equipment shall be capable of meeting the requirements otherwise provided in law.
(b) Before the opening of the polls the election judges shall compare the ballots with the sample ballots furnished, and see that the ballot information thereon agrees and shall certify thereto on forms provided for this purpose. The certification shall be filed with the election returns.
(c) Before, during and after the operation of the polling place, the election judges shall make all electronic or electromechanical voting systems and vote tabulating equipment available to any candidate or any authorized poll agent for review to ensure there is no connectivity to the internet or to any other communications or computer network, including, but not limited to, a local area network, wireless network, cellular network or satellite network, or using bluetooth or any other wireless communications technology.
History: L. 1977, ch. 129, § 9; L. 2007, ch. 125, § 16; L. 2022, ch. 87, § 18; July 1.
(a) Insofar as applicable, the procedures provided for voting on paper ballots shall apply to electronic and electromechanical voting systems.
(b) The county election officer shall provide for each voting place sample ballots which shall be posted for public inspection during the hours that the polls are open on election day.
(c) Each voter shall be instructed how to operate the voting device before such voter enters the voting booth. In case any voter after entering the voting booth shall ask for further instruction concerning the manner of voting, two election board members of opposite political parties shall give such instructions to such elector, but no judge or other election officer or person assisting an elector shall in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket, or for any particular candidate, or for or against any particular amendment, question or proposition.
History: L. 1977, ch. 129, § 10; L. 2007, ch. 125, § 17; July 1.
(a) The vote tabulation equipment may be located at any place within the county approved by the county election officer.
(b) Within 30 days prior to the date of the election, the county election officer shall have the automatic tabulating equipment tested to ascertain that the equipment will correctly count the votes cast for all offices and on all questions submitted. Public notice of the time and place of the test shall be given at least 48 hours prior thereto by publication once in a newspaper of general circulation in the county or city where such equipment is to be used and on the county website, if the county has a website. The test shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment is approved. The test shall be repeated within five business days after the completion of the canvass. The equipment, programs and ballots shall be secured and retained by the county election officer.
History: L. 1977, ch. 129, § 11; L. 2007, ch. 125, § 18; L. 2022, ch. 87, § 19; L. 2025, ch. 104, § 5; July 1.
(a) In voting areas where electronic or electromechanical voting systems are used, as soon as the polls are closed, the supervising judge shall secure the voting equipment to prevent further voting. The judge shall count the number of ballots or envelopes containing ballots that have been cast to determine that the number of ballots equals the number of voters shown on the poll book. If there is a discrepancy, this fact shall be reported in writing to the county election officer with the reasons therefor if known. The write-in votes shall then be counted by the supervising judge and clerks.
(b) The supervising judge shall place any paper ballots that have been cast in the container provided for the purpose, which shall be sealed and delivered forthwith by two election board members who shall not be of the same political party, to the counting location together with the provisional, unused, void and defective ballots and returns.
(c) All proceedings at the counting location shall be under the direction of the county election officer and under the observation of two election board members who shall not be of the same political party and shall be open to the public, but no persons except those employed and authorized for the purpose shall touch any ballot, ballot container or return. If any paper ballot is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, such ballot shall be manually counted. The totals for all such ballots manually counted shall be added to the totals for the respective precincts or election districts.
(d) The return printed by the automatic tabulating equipment, to which has been added the return of write-in and advance voting votes and manually counted votes, shall constitute the official return of each precinct or election district. Upon completion of the count the returns shall be open to the public. A copy of the returns shall be posted at the central counting place or at the office of the election officer in lieu of the posting of returns at the individual precincts.
(e) If for any reason it becomes impracticable to count all or a part of the ballots with tabulation equipment, the county election officer may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.
History: L. 1977, ch. 129, § 12; L. 1995, ch. 192, § 49; L. 2007, ch. 125, § 19; July 1.
In the case of a recount, the ballots shall be recounted in the manner provided by K.S.A. 25-4412, and amendments thereto.
History: L. 1977, ch. 129, § 13; L. 2007, ch. 125, § 20; July 1.
(a) Except as provided in subsection (b), no county election office or any employee or agent thereof shall create, or permit any other person to create, or disclose to any person an image of the hard drive of any electronic or electromechanical voting system, optical scanning equipment or any other voting system that contains a hard drive component without the written consent of the secretary of state.
(b) Each county election officer shall create a backup copy of the hard drive of any electronic or electromechanical voting system, optical scanning equipment or any other voting system that contains a hard drive component. Such backup copies shall be created immediately prior to and immediately after any system updates, repairs or improvements and prior to and after each general election. The county election officer shall maintain such backup copies in a secured location for not less than 22 months.
History: L. 2023, ch. 79, § 6; July 1.
(a) Electronic or electromechanical voting system or electronic poll book fraud is:
(1) Being in unlawful or unauthorized possession of electronic or electromechanical voting system equipment, electronic poll book equipment, computer programs, operating systems, firmware, software or ballots;
(2) accessing without authorization or facilitating the unauthorized access to electronic or electromechanical voting system equipment, electronic poll book equipment, computer programs, operating systems, firmware, software or ballots;
(3) knowingly publishing or causing to be published any password or other confidential information relating to electronic or electromechanical voting system equipment, electronic poll book equipment, computer programs, operating systems, firmware or software; or
(4) intentionally tampering with, altering, disarranging, defacing, impairing or destroying any electronic or electromechanical voting system, electronic poll book or component part thereof, or any ballot used by such electronic or electromechanical voting systems.
(b) Electronic or electromechanical voting system or electronic poll book fraud is a severity level 9, nonperson felony.
History: L. 1977, ch. 129, § 14; L. 1993, ch. 291, § 215; L. 2007, ch. 125, § 21; L. 2022, ch. 87, § 20; L. 2023, ch. 79, § 60; July 1.
The secretary of state may adopt rules and regulations:
(a) For the use of electronic and electromechanical voting systems to count votes under the election laws of this state;
(b) for the use of electronic poll books to process voters at polling places; and
(c) necessary for the administration of this act.
History: L. 2007, ch. 125, § 22; L. 2022, ch. 87, § 21; July 1.
K.S.A. 25-4401 through 25-4414, inclusive, and amendments thereto, and K.S.A. 25-4415 and 25-4416, and amendments thereto, shall be known and may be cited as the electronic and electromechanical voting systems act.
History: L. 2007, ch. 125, § 23; July 1.
History: L. 1978, ch. 141, § 1; L. 1979, ch. 113, § 8; L. 1990, ch. 129, § 3; L. 1996, ch. 3, § 1; L. 2000, ch. 3, § 1; L. 2003, ch. 112, § 6; L. 2007, ch. 167, § 204; L. 2011, ch. 112, § 1; Repealed, L. 2015, ch. 88, § 74; July 1.
(a) Except as otherwise provided, each political party that is a recognized political party in accordance with K.S.A. 25-302a, and amendments thereto, shall have procedures to select a presidential nominee and shall select a presidential nominee in accordance with such party procedures for the 2016 presidential election, and every fourth year thereafter.
(b) (1) On March 19, 2024, for each political party that is a recognized political party in accordance with K.S.A. 25-302a, and amendments thereto, there shall be held a presidential preference primary election for the purpose of electing the preferred nominee of a political party for the office of president and vice president. Except as otherwise provided, the provisions of all applicable statutes concerning elections shall apply to such election.
(2) The provisions of this subsection shall not apply to any political party that is subject to K.S.A. 25-202(b), and amendments thereto, or that has submitted written notice to the secretary of state on or before December 1, 2023, that such political party has elected to not participate in the presidential preference primary election.
History: L. 2015, ch. 88, § 6; L. 2023, ch. 67, § 4; July 1.
(a) Every registered elector who has declared such elector's party affiliation with a political party eligible to participate in a state primary election shall have the opportunity to vote one vote at a presidential preference primary election for such elector's preference for one person to be the candidate for nomination by such candidate's party for president of the United States or for "none of the names shown." Any registered elector who has not declared such candidate's party affiliation prior to the election may make such a declaration at the polling place, and thereupon shall be permitted likewise the opportunity to vote one vote at the presidential preference primary. A vote for "none of the names shown" shall express the preference for an uncommitted delegation from Kansas to the national convention of that elector's party. Preference shall be indicated by marking with a cross or check mark inside a voting square or a darkened oval on the ballot at the left of the voter's choice, or by voting by using a voting machine.
(b) The name of any candidate for a political party nomination for president of the United States shall be printed on the ballots only if such candidate has filed the appropriate registration information with the federal election commission to become a candidate for president of the United States and one of the following is filed with the secretary of state not later than 12* noon on the date that is 60 days prior to the date of the presidential preference primary or, if such date falls on Saturday, Sunday or a holiday, not later than 12* noon the following day that is not a Saturday, Sunday or holiday:
(1) A declaration of intent to become a candidate filed by the candidate and accompanied by a fee of $10,000; or
(2) a petition in the form prescribed by K.S.A. 25-205, and amendments thereto, signed by not less than 5,000 registered electors, who are affiliated with the political party of such candidate as shown by the party affiliation list. The secretary of state shall determine the sufficiency of each such petition, and such determination shall be final.
(c) All fees received by the secretary of state pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1978, ch. 141, § 2; L. 1979, ch. 113, § 1; L. 1993, ch. 287, § 13; L. 2011, ch. 112, § 2; L. 2023, ch. 67, § 5; July 1.
(a) The names of the candidates for nomination for president of the United States by a political party eligible to participate in a state primary election shall be printed on the official ballots for the presidential preference primary elections of their respective parties along with the choice of "none of the names shown." The ballots shall be marked, returned and canvassed in the same manner and under the same conditions, so far as the same are applicable, as in the case of the primary election of candidates for nomination for state offices.
(b) The official presidential preference primary election ballots shall be printed in a single column and shall have the following heading:
OFFICIAL PRESIDENTIAL PREFERENCE PRIMARY ELECTION BALLOT
______________Party
To vote for a person whose name is printed on the ballot make a cross or check mark in the square, or darken the oval, to the left of the name of the person for whom you desire to vote. To vote for "none of the names shown" make a cross or check mark in the square, or darken the oval, to the left of such words.
This shall be followed by the names of the candidates for president of the United States of such party in the manner and order certified by the secretary of state.
(c) (1) As soon as possible after the candidate filing deadline, the secretary of state shall certify to each county election officer the name of each person who is a candidate for nomination to be president of the United States of each party authorized to participate in the presidential preference primary election. The secretary of state shall publish, not less than 31 days prior to the presidential preference primary, a notice in one newspaper in each county of the state where a newspaper is published, that the official list of candidates and the date of the election can be acquired in the office of the secretary of state or the office of the county election officer. Such notice shall also be published on the secretary of state's website and on the website of each county election office.
(2) After such publication, the secretary of state shall certify the amount of moneys expended on such publication and shall transmit a copy of such certification to the director of accounts and reports. Upon receipt of such certification, the director of accounts and reports shall transfer an amount of moneys equal to such certified amounts from the state general fund to the information services fee fund of the secretary of state and shall transmit a notification of such transfer to the director of legislative research and the director of the budget.
(d) When a party participating in the presidential preference primary election has more than one candidate, the secretary of state shall determine by lot the order in which the candidates' names will appear on the ballot. The order of names, as established by the secretary of state, shall be uniform in each county throughout the state.
(e) (1) All such ballots that are received in the office of the county election officer or any polling place by the following times shall be delivered by the county election officer to the county board of canvassers for canvassing:
(A) For advance voting ballots transmitted in person, 12* noon on the day preceding such election; and
(B) for advance voting ballots transmitted by mail, the closing of the polls on the date of such election.
(2) An advance voting ballot shall not be counted if such ballot is received by the county election office or any polling place after the closing time of the polls on the date of such election.
History: L. 1978, ch. 141, § 3; L. 1979, ch. 113, § 2; L. 1992, ch. 6, § 5; L. 1993, ch. 287, § 14; L. 2011, ch. 112, § 3; L. 2023, ch. 67, § 6; July 1.
History: L. 1978, ch. 141, § 4; L. 1979, ch. 113, § 3; Repealed, L. 1990, ch. 129, § 7; July 1.
(a) Not later than eight days after a presidential preference primary election is held, the county board of canvassers of each county shall meet at the office of the county election officer, unless another place is agreed upon and announced as provided in K.S.A. 25-3105, and amendments thereto, and canvass the vote of such preference primary. The county election officer may move the canvass to the Monday next following the election if notice of such change is published prior to the canvass in a newspaper of general circulation within the county. Upon completion of such canvass, the county election officer of each county shall prepare an abstract of the vote of the presidential preference primary election in such county as such vote is determined by the county board of canvassers and shall promptly transmit such abstract to the secretary of state no later than the tenth day after the day of the election. Each county election officer shall also post a copy of such abstract in a public place in the courthouse of such county and on the website of such county election office.
(b) Every such transmittal shall be made by use of secure email transmission or other means approved by the secretary of state. If the secretary of state fails to receive the abstract of the canvass from any county within 14 days next after the election, the secretary shall dispatch a special messenger to obtain a copy of such abstract, and the county election officer shall immediately, on demand of such messenger, make out and deliver to such messenger the copy required. The messenger shall deliver such copy to the secretary of state, and the secretary of state shall be reimbursed for the expenses of such messenger by such county.
History: L. 1978, ch. 141, § 5; L. 1979, ch. 113, § 4; L. 2003, ch. 112, § 7; L. 2023, ch. 67, § 7; July 1.
(a) Except as provided in subsection (b), the state board of canvassers shall meet at the call of the secretary of state following a presidential preference primary election. The secretary of state shall present to the board a tabulation of the results of such election in each county. The state board of canvassers shall consider the tabulation and make such further inquiries of the secretary of state as it deems appropriate and upon the information presented by the secretary of state and such additional information as it deems appropriate to consider, determine the result of such election. Provisions of law relating to the canvass of the national and state general elections shall, as far as applicable, apply to the canvass and certification of presidential preference primary elections. As soon as such final canvass of the election is completed, the secretary of state shall publish in the Kansas register a certified statement of the candidates for president of each party and the number of votes each received on a statewide basis and for each congressional district as determined by the state board of canvassers. Such report of the final canvass shall be published on the secretary of state's website.
(b) For any presidential preference primary election held in 2024, the state board of canvassers shall meet on or before April 12, 2024.
History: L. 1978, ch. 141, § 6; L. 1979, ch. 113, § 5; L. 1981, ch. 324, § 13; L. 2023, ch. 67, § 8; July 1.
(a) Upon completion of the state canvass of the results of the presidential preference primary, the secretary of state shall certify to the state chairperson of each political party participating in the presidential preference primary the number of votes received by each candidate of that party and the number of votes for an uncommitted delegation received by that party.
(b) Delegates and alternates to a national party convention shall be selected by a party at its state convention, or as otherwise provided by party rules adopted by the committees of the political parties. The number of delegates and the number of alternates to a national party convention shall be determined according to party rules. Delegates and alternates to a national party convention shall be selected in the manner prescribed by party rules. The binding of delegates and alternates to a national party convention shall be determined by party rules. All such rules shall be filed with the secretary of state not later than January 2, 1992, and not later than January 2 every fourth year thereafter and such rules shall be published on the secretary of state's website.
History: L. 1978, ch. 141, § 7; L. 1979, ch. 113, § 6; L. 1990, ch. 129, § 4; L. 2023, ch. 67, § 9; July 1.
Not later than sixty (60) days following a presidential preference primary election held pursuant to this act, the board of county commissioners of each county shall certify to the secretary of state the amount of all necessary direct expenses incurred by the county in conducting the presidential preference primary election. In the event any election is held on the same day as the presidential preference primary election the direct costs solely attributable thereto shall be paid by the county and the subdivision of government responsible therefor shall reimburse 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 vouchers 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 the county general fund.
The secretary of state, with the advice of the director of accounts and reports, shall determine the correctness of each amount certified under this section and adjust any discrepancies discovered before approving vouchers for payment to any county.
History: L. 1978, ch. 141, § 9; L. 1979, ch. 113, § 7; July 1.
As used in this act unless the context otherwise requires:
(a) "Ballot" means a paper ballot on which candidates' names or questions are printed and which is designed to receive opaque marks which can be detected by optical scanning equipment and which is capable of being counted manually.
(b) "Optical scanning equipment" means apparatus designed to examine and detect opaque marks on ballots which represent votes and count and tabulate those votes by electronic methods.
(c) "System" means an optical scanning system of automatically counting and tabulating ballots with optical scanning equipment.
(d) "Precinct count voting system" means an optical scanning voting system that tabulates ballots at the polling place.
(e) "Central count voting system" means an optical scanning voting system that tabulates ballots from multiple precincts at a central location. Voted ballots are placed into secure storage at the polling place and transported to a central counting location.
History: L. 1982, ch. 158, § 1; L. 2007, ch. 125, § 24; July 1.
(a) The board of county commissioners and the county election officer of any county may provide for use of a system using optical scanning equipment to be used in the county at national, state, county, township, city and school primary and general elections and in question submitted elections.
(b) The board of county commissioners of any county in which the board and county election officer have determined that a system using optical scanning equipment shall be used may issue bonds, without an election, to finance and pay for purchase, lease or rental of such a system and optical scanning equipment.
(c) The board of county commissioners and the county election officer of any county may adopt, experiment with or abandon any system using optical scanning equipment authorized under this act and approved by the secretary of state for use in the state and may use such a system in all or any part of the voting areas within the county or in combination with an electronic or electromechanical voting system or with regular paper ballots. Whenever the secretary of state rescinds approval of any such system or optical scanning equipment, the board of county commissioners and the county election officer shall abandon such system until changes therein required by the secretary of state have been made, or if the secretary of state advises that acceptable changes cannot be made therein, such abandonment shall be permanent.
History: L. 1982, ch. 158, § 2; L. 2007, ch. 125, § 25; July 1.
The secretary of state shall examine and approve the kinds or makes of systems using optical scanning equipment, including operating systems, firmware and software, and no kind or make of such system shall be used at any election unless and until it receives certification by the secretary of state and a statement thereof is filed in the office of the secretary of state.
History: L. 1982, ch. 158, § 3; L. 2007, ch. 125, § 26; July 1.
(a) Any person, firm or corporation desiring to sell any kind or make of system using optical scanning equipment to counties in this state may make a request in writing of the secretary of state to examine the kind or make of the system using optical scanning equipment which it desires to sell and shall accompany the request with a certified check in the amount of $250 payable to the secretary of state, and shall furnish at its own expense such optical scanning equipment and other items necessary for operation of such system to the secretary of state for use in examining such equipment and system. The secretary of state may require such person, firm or corporation to furnish a competent person to explain the system and demonstrate by the operation of such system that such system complies with state and federal laws. The secretary of state may employ a competent person or persons to assist in the examination and to advise the secretary as to the sufficiency of such system and equipment and to pay such persons reasonable compensation therefor. The costs of employment and other costs associated with the approval of such system shall be paid by the applicant.
(b) The secretary of state may require a review of any theretofore approved system using optical scanning equipment and the operation thereof. Such review shall be commenced by the secretary of state giving written notice to the person, firm or corporation which sought approval of the system and to each county election officer and county commissioner of counties known to have purchased, leased or rented any such system or equipment. Such notice shall fix a time and place of hearing at which those persons wishing to be heard may appear and give oral or written testimony and explanation of the system, its optical scanning equipment and operation and experience had therewith. After such hearing date and after such review as the secretary of state deems appropriate, the secretary of state may renew approval of the system and such equipment, require changes therein for continued approval thereof or rescind approval previously given on either a conditioned or permanent basis.
(c) The secretary of state may appoint persons to assist county election officers or county commissioners in the testing of any system using optical scanning equipment and the programs of the system.
History: L. 1982, ch. 158, § 4; L. 2007, ch. 125, § 27; July 1.
History: L. 1982, ch. 158, § 5; Repealed, L. 2007, ch. 125, § 36; July 1.
The board of county commissioners shall provide for the storage of optical scanning equipment. The county election officer shall be in complete charge of the system and its equipment and safekeeping thereof when not in use and keeping such equipment in repair and working order and shall see that such equipment is delivered to the central tabulating area in time for all arrangements to be made and for the system to be ready for use at the hour of opening the polls. After the election, the county election officer shall see that the system and its equipment is returned to the place of storage, or are secured for on-site storage.
History: L. 1982, ch. 158, § 6; April 29.
The ballot information shall be in the order of arrangement provided for in article 6, chapter 25 of Kansas Statutes Annotated for official ballots. Such information may be printed on both sides of one ballot or on more than one ballot. Nothing in this act shall be construed as prohibiting the use of multiple ballots when the information for any election exceeds the capacity of a single ballot. Voting squares or ovals may be placed before or after the names of candidates and statements of questions or on a separate paper corresponding to the ballot upon which the names of candidates and statements of questions appear. Voting squares or ovals 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 permit. On 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. Such box shall be provided to allow for the insertion of a unique mark designated by the county election officer to verify the authenticity of the ballot.
History: L. 1982, ch. 158, § 7; L. 1992, ch. 6, § 6; L. 1999, ch. 105, § 11; L. 2007, ch. 125, § 28; July 1.
Insofar as applicable, the procedures provided for voting on regular paper ballots shall apply when optical scanning equipment is to be used. Prior to delivering any ballot to the voter, the board worker should place a unique mark in the box printed at the bottom of the ballot. A unique mark shall be of such a manner so as not to identify any individual ballot and shall be consistent on every ballot delivered to a voter in the voting place.
History: L. 1982, ch. 158, § 8; L. 1992, ch. 6, § 7; February 27.
(a) Each voter shall be instructed how to mark the ballot before such voter enters the voting booth. The voter shall also be instructed to place such person's ballot or ballots in a ballot sleeve or other container after voting, in order that no votes are exposed.
(b) In case any elector after entering the voting booth asks for further instruction concerning the manner of voting, two election board members of opposite political parties shall give such instruction to such elector, but no election board member or other election officer or person assisting an elector shall in any manner request, suggest or seek to persuade or induce any elector to vote for or against any candidate, question or ticket.
(c) After the voter has marked the ballot or ballots, the voter shall place it or them in the ballot sleeve provided for this purpose and return it to the judge. The judge shall verify the unique mark on the ballot and deposit the ballot in the ballot box.
History: L. 1982, ch. 158, § 9; L. 1987, ch. 131, § 1; L. 1992, ch. 6, § 8; L. 2007, ch. 125, § 29; July 1.
(a) The optical scanning equipment may be located at any place within the county approved by the county election officer.
(b) Within 30 days prior to the date of the election, the county election officer shall have the optical scanning equipment tested to ascertain that the equipment will correctly count the votes cast for all offices and on all questions submitted. Public notice of the time and place of the test shall be given at least 48 hours prior thereto by publication once in a newspaper of general circulation in the county where such equipment is to be used and on the county website, if the county has a website. The test shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each question submitted and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the optical scanning equipment to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the optical scanning equipment is approved. The test shall be repeated within five business days after the completion of the canvass. The programs and ballots shall be sealed, retained and disposed of in the same manner as paper ballots.
History: L. 1982, ch. 158, § 10; L. 2007, ch. 125, § 30; L. 2022, ch. 87, § 22; L. 2025, ch. 104, § 6; July 1.
(a) As soon as the polls are closed, the supervising judge shall count the number of ballots or envelopes containing ballots that have been cast to determine that the number of ballots equals the number of voters shown on the poll book. If there is a discrepancy, this fact shall be reported in writing to the county election officer with the reasons therefor if known.
(b) The election judge shall place all ballots that have been cast in the container provided for the purpose, which shall be sealed and delivered by two election board members who shall not be of the same political party, to the counting location together with the provisional, unused, void and defective ballots and returns.
(c) All proceedings at the counting location shall be under the direction of the county election officer and under the observation of two election board members who shall not be of the same political party and shall be open to the public, but no persons except those employed and authorized for the purpose shall touch any ballot, ballot container or return. If any ballot is damaged or defective so that it cannot properly be counted by the optical scanning equipment, it shall be counted manually.
(d) Advance voting ballots may be counted by the optical scanning equipment if they have been marked in a manner which will enable them to be properly counted by such equipment. If any advance voting ballot is damaged or defective so that it cannot properly be counted by the optical scanning equipment, it shall be counted manually.
(e) The return printed by the optical scanning equipment, to which has been added the return of write-in and advance voting votes and manually counted votes, shall constitute the official return of each precinct or voting area. Upon completion of the count the returns shall be open to the public. A copy of the returns shall be posted at the office of the county election officer.
(f) If for any reason it becomes impracticable to count all or a part of the ballots with optical scanning equipment, the county election officer may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.
History: L. 1982, ch. 158, § 11; L. 1995, ch. 192, § 50; L. 2007, ch. 125, § 31; July 1.
(a) Optical scanning equipment fraud is:
(1) Being in unlawful or unauthorized possession of ballots, optical scanning equipment, computer programs, operating systems, firmware or software;
(2) accessing without authorization or facilitating the unauthorized access to optical scanning equipment;
(3) knowingly publishing or causing to be published any password or other confidential information relating to optical scanning equipment; or
(4) intentionally tampering with, altering, disarranging, defacing, impairing or destroying any optical scanning equipment or component part thereof, or any ballot, operating system, firmware or software used by a system.
(b) Optical scanning equipment fraud is a severity level 9, nonperson felony.
History: L. 1982, ch. 158, § 12; L. 1993, ch. 291, § 216; L. 2007, ch. 125, § 32; L. 2023, ch. 79, § 61; July 1.
Optical scanning equipment and systems using optical scanning equipment approved by the secretary of state:
(a) Shall be capable of being tested to ascertain that the equipment will correctly count votes cast for all offices and on all questions submitted;
(b) shall be capable of printing in legible form, reports and summaries of the election results as required by articles 30 and 31 of chapter 25 of Kansas Statutes Annotated, and amendments thereto;
(c) shall be capable of tabulating votes for candidates for nomination or election of all political parties officially recognized pursuant to K.S.A. 25-302a, and amendments thereto;
(d) shall be capable of tabulating votes for any independent candidate of any office;
(e) shall be capable of tabulating votes for constitutional amendments or other questions submitted;
(f) shall be capable of tabulating the number of "write-in" votes cast for any office;
(g) shall not count any votes for an office or upon a question submitted when the voter has cast more votes for such office or upon such question than the voter is entitled to cast;
(h) shall provide notification when the voter has cast more votes for such office or upon such question than the voter is entitled to cast;
(i) shall meet the requirements of the help America vote act of 2002 and other federal statutes and regulations governing voting equipment; and
(j) shall not have the capability nor shall any component of an optical scanning system have the capability to be connected to the internet or to any other communications or computer network, including, but not limited to, a local area network, wireless network, cellular network or satellite network, or to use bluetooth or any other wireless communications technology.
History: L. 1982, ch. 158, § 13; L. 2007, ch. 125, § 33; L. 2022, ch. 87, § 23; July 1.
The secretary of state may adopt rules and regulations:
(a) For the use of optical scanning systems to count votes under the election laws of this state; and
(b) necessary for the administration of this act.
History: L. 2007, ch. 125, § 34; July 1.
K.S.A. 25-4601 through 25-4613, inclusive, and amendments thereto, and K.S.A. 25-4614 and 25-4615, and amendments thereto, shall be known and may be cited as the optical scanning voting systems act.
History: L. 2007, ch. 125, § 35; July 1.
K.S.A. 25-4701 through 25-4716, and amendments thereto, shall be known and may be cited as the help America vote act of 2002 administrative complaint act.
History: L. 2004, ch. 25, § 17; July 1.
Scope. This act provides a uniform, nondiscriminatory administrative procedure for the resolution of any complaint alleging a violation of any provision of title III of the "help America vote act of 2002," including a violation that has occurred, is occurring, or is about to occur.
History: L. 2004, ch. 25, § 18; July 1.
As used in this act:
(a) "Arbitrator" means a neutral third party selected by the secretary of state who resolves the dispute between the complainant and respondent, and whose decision is final.
(b) "Complainant" means the person who files a complaint with the Kansas secretary of state under this act.
(c) "Respondent" means any state or local election official whose actions are asserted to be in violation of title III in a complaint filed under this act.
(d) "Title III" means title III of the help America vote act of 2002, public law 107-252, 116 Stat. 1666 (2002), codified at 52 U.S.C. §§ 21081-21102.
History: L. 2004, ch. 25, § 19; L. 2023, ch. 79, § 62; July 1.
Any person who believes that a violation of any provision of title III is occurring, has occurred, or is about to occur, may file a complaint with the secretary of state.
History: L. 2004, ch. 25, § 20; July 1.
(a) A complaint shall be made in writing and signed by the complainant under oath before a notary public.
(b) The complaint shall be submitted on a form prescribed by the secretary of state. The complaint form shall be available from the secretary of state or from any county election office.
History: L. 2004, ch. 25, § 21; July 1.
(a) A complaint shall be filed with the secretary of state within 30 days after the occurrence of the actions or events that form the basis for the complaint. For violations that are occurring or about to occur that may need immediate remedy, the complaint shall be timely filed to allow for resolution.
(b) The secretary of state shall deliver a copy of the complaint to each respondent.
(c) If the secretary of state is the respondent in the complaint, the complaint shall be filed and reviewed by the Kansas department of administration and all references to the secretary of state as the determinative body contained in this act shall be construed to refer to the Kansas department of administration.
History: L. 2004, ch. 25, § 22; July 1.
The secretary of state may consolidate complaints if such complaints relate to the same actions or events or raise common questions of law or fact.
History: L. 2004, ch. 25, § 23; July 1.
(a) The secretary of state shall compile and maintain an official record in connection with each complaint filed under this act.
(b) The official record shall contain:
(1) A copy of the complaint, including any amendments made with the permission of the secretary of state;
(2) a copy of any written submission by the complainant;
(3) a copy of any written response by any respondent or other interested person;
(4) any written report or review conducted by the secretary of state or county election officials;
(5) copies of all notices and correspondence to or from secretary of state in connection with the complaint;
(6) originals or copies of any tangible evidence received or considered;
(7) the original recording produced at any hearing conducted on the complaint, and a copy of any transcript produced on the complaint; and
(8) a copy of any final determination made on the complaint.
History: L. 2004, ch. 25, § 24; July 1.
(a) Except as provided in subsection (c), if requested by the complainant, the secretary of state shall conduct a hearing on the record to review the complaint. The secretary of state or other person designated by the secretary of state shall serve as the hearing officer.
(b) The hearing shall be conducted no later than 30 days after the secretary of state receives the complaint. The secretary of state shall give at least five days advance notice of the date, time, and place of the hearing to the complainant and each named respondent.
(c) After reviewing a complaint and giving all inferences to the complainant, the secretary of state, after consultation on such complaint with the attorney general, may dismiss the complaint without a hearing if the complaint fails to allege facts that assert a violation of title III.
History: L. 2004, ch. 25, § 25; L. 2023, ch. 79, § 63; July 1.
(a) To the extent necessary for full disclosure of all relevant facts and issues, the hearing officer shall afford all parties the opportunity to respond, present evidence and argument, and shall not be bound by the technical rules of evidence; provided, the hearing officer may place reasonable limits on the length of the hearing.
(b) The hearing officer may at such hearing officer's discretion give any nonparty an opportunity to present oral or written statements.
(c) All testimony of each party and witness shall be made under oath or affirmation and the hearing officer shall have the power to administer an oath or affirmation for that purpose.
(d) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party.
(e) Official notice may be taken of:
(1) Any matter that could be judicially noticed in the courts of this state;
(2) the record of other proceedings before the secretary of state;
(3) any technical matter within the secretary of state's specialized knowledge; and
(4) any code of standards that have been adopted by:
(A) An agency of the United States;
(B) an agency of this state or of another state; or
(C) a nationally recognized organization or association.
(f) The hearing officer may conduct all or part of the hearing by telephone or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding.
(g) The hearing shall be recorded at the secretary of state's expense. The secretary of state is not required to prepare a transcript at its expense. Any party may request, at the party's expense, that the secretary of state prepare a transcript from the record, or cause additional recordings to be made during the hearing. If a transcript is produced, the secretary of state shall include a copy in the official record.
(h) Except for any part of the hearing that the hearing officer rules to be closed pursuant to a provision of law expressly authorizing such closure, the hearing shall be open to the public.
History: L. 2004, ch. 25, § 26; July 1.
(a) The secretary of state may conduct an informal conference to resolve the filed complaint, if both the complainant and respondent have an opportunity to participate in the proceeding.
(b) The secretary of state may conduct a pre-hearing conference to organize issues and procedures to promote an orderly and prompt hearing.
(c) The secretary of state shall give advance notice to the complainant and respondent of the date, time, and place of any conference.
History: L. 2004, ch. 25, § 27; July 1.
Subpoenas. The secretary of state may issue subpoenas for a witness or any material that is relevant to the administration of this act. The secretary of state may issue subpoenas to compel the attendance of witnesses and/or production of books, documents and records anywhere in the state in any hearing held under the provisions of this act.
History: L. 2004, ch. 25, § 28; July 1.
(a) If there has been no hearing, the secretary of state shall review the record and determine whether a violation of title III has been established by a preponderance of evidence. Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, the determination of the secretary of state shall be final and shall not be subject to appeal pursuant to the Kansas judicial review act.
(b) At the conclusion of any hearing, the secretary of state shall determine whether a violation of title III has been established by a preponderance of evidence. The determination of the secretary of state shall be final and shall not be subject to the Kansas judicial review act.
(c) If the complaint is not timely filed or if the secretary of state determines that a violation has not occurred or that there is insufficient evidence to establish a violation, the secretary of state shall dismiss the complaint.
(d) The secretary of state shall explain in a written decision the reasons for the determination and for any remedy selected.
(e) Except as specified in K.S.A. 25-4715, and amendments thereto, unless the complainant consents in writing to an extension of time, the final determination of the secretary of state shall be issued within 90 days after the complaint is filed. The final determination shall be mailed to the complainant and each respondent and published on the secretary of state website.
(f) If the secretary of state cannot make a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be referred for final resolution under K.S.A. 25-4715, and amendments thereto. The record compiled pursuant to K.S.A. 25-4708, and amendments thereto, shall be made available for use under K.S.A. 25-4715, and amendments thereto.
History: L. 2004, ch. 25, § 29; L. 2010, ch. 17, § 42; July 1.
(a) Upon the finding of a violation, the secretary of state shall provide an appropriate remedy to resolve the grievance. The remedy may include:
(1) An order to any respondent commanding the respondent to take specified action, or prohibiting the respondent from taking specified action;
(2) An order directing the respondent or any of respondent's employees or agents to obtain additional training or education to prevent future violations;
(3) Any other remedy as deemed appropriate by the secretary of state to prevent or remedy the violation or future violations.
(b) The secretary of state may order either party to pay the costs of the hearing, based upon a finding by the secretary of state that such party's actions were egregious, frivolous, harassing, or were for an improper purpose.
History: L. 2004, ch. 25, § 30; July 1.
(a) If the secretary of state does not render a final determination within 90 days after the complaint is filed, or within any extension to which the complainant consents, the complaint shall be resolved under this section.
(b) Within five days after a final determination was due, the secretary of state shall designate the name of an arbitrator to resolve the complaint. The designation shall be in writing and provided to both the complainant and respondent.
(c) The arbitrator may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but shall not receive additional testimony or evidence.
(d) The arbitrator shall issue a written resolution within 10 days after the secretary of state's determination was due. The final resolution of the arbitrator shall be mailed to the secretary of state, the complainant, and each respondent, and published on the secretary of state website. Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, and amendments thereto, the determination of the arbitrator under this section shall be final and shall not be subject to review under the Kansas judicial review act.
History: L. 2004, ch. 25, § 31; L. 2010, ch. 17, § 43; July 1.
The secretary of state may adopt rules and regulations to administer this act.
History: L. 2004, ch. 25, § 32; July 1.
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