K.A.R. Agency 7 | Kan. Admin. Regs. Agency 7 — Secretary of State

Article 16 Fees

Kan. Admin. Regs. § 7-16-1 Information and services fee

In addition to any other fees specified in regulation or statute, the fees prescribed below shall be charged by the secretary of state.

Trademark and service mark:

Entity formation filings, paper form:

Entity formation filings, online form:

Entity amendment filings, paper form:

Entity amendment filings, online form:

Entity biennial reports:

Uniform Commercial Code (UCC):

Notaries public filings:

Funeral and cemetery filings:

Miscellaneous filings:

Candidate filings:

Lobbyist filings:

Voter registration database requests on form CVR:

Election equipment certification pursuant to K.S.A. 25-4405:

Regulation filing:

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History

History: (Authorized by and implementing K.S.A. 75-438 and 17-78-601; effective, T-7-7-1-03, July 1, 2003; effective Oct. 10, 2003; amended Oct. 31, 2008; amended, T-7-7-1-10, July 1, 2010; amended Sept. 10, 2010; amended Feb. 27, 2026.)

Kan. Admin. Regs. § 7-16-2 Technology communication fee

In addition to any other fees specified in regulation or statute, the fees prescribed below shall be charged by the secretary of state.

Entity formation filings, paper form:

Entity formation filings, online form:

Entity amendment filings, paper form:

Entity amendment filings, online form:

Entity biennial reports:

Uniform Commercial Code (UCC):

Lobbyist filings:

Miscellaneous filings:

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History

History: (Authorized by and implementing K.S.A. 75-444; effective, T-7-7-1-03, July 1, 2003; effective Oct. 10, 2003; amended Oct. 31, 2008; amended Feb. 27, 2026.)

Article 17 Uniform Commercial Code

Kan. Admin. Regs. § 7-17-1 Definitions

(a) "Address," as used on a UCC record, means at least a city and state or a city and country.

(b) "Amendment" means a UCC record that changes the information contained in a financing statement. This term shall include assignments, continuation statements, and termination statements.

(c)"Assignment" means an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

(d) "Continuation statement" shall have the meaning prescribed by K.S.A. 84-9-102(a)(27) and amendments thereto.

(e) "Correction statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

(f) "File number" shall have the meaning prescribed by K.S.A. 84-9-519(b) and amendments thereto.

(g) "Filing office" means the office of the secretary of state or county register of deeds.

(h) "Filing officer" means the secretary of state or one of the county registers of deeds.

(i) "Filing officer statement" means a statement of correction entered into the filing office's information system to correct an error by the filing office.

(j) "Financing statement" shall have the meaning prescribed by K.S.A. 84-9-102(a)(39) and amendments thereto.

(k) "Individual" means a human being, or a decedent in the case of a debtor that is a decedent's estate.

(l) "Initial financing statement" means a UCC record that causes the filing office to establish the initial record in the filing office's UCC information management system.

(m) "Organization" means a legal person who is not an individual.

(n) "Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" shall not include a person responsible merely for the delivery of the record to the filing office, including the postal service or a courier service, but shall include a service provider who acts as a filer's representative in the filing process.

(o) "Secured party of record" shall have the meaning prescribed by K.S.A. 84-9-511 and amendments thereto.

(p) "Termination statement" shall have the meaning prescribed by K.S.A. 84-9-102(a)(79) and amendments thereto.

(q) "UCC" means the uniform commercial code as adopted in this state.

(r) "UCC record" means an initial financing statement, an amendment, an assignment, a continuation statement, a termination statement, or a correction statement and shall not be deemed to refer exclusively to paper or paper-based writings.

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History

History: (Authorized by and implementing K.S.A. 2007 Supp. 84-9-526; effective Oct. 12, 2001; amended July 7, 2008.)

Kan. Admin. Regs. § 7-17-2 Delivery of records

(a) UCC records may be tendered for filing at the filing office as follows:

(1) Personal delivery, at the filing office's street address;

(2) courier delivery, at the filing office's street address;

(3) postal service delivery, to the filing office's mailing address; and

(4) electronic delivery, to the secretary of state via the secretary of state's web site.

(b) The filing date for any UCC record delivered to the filing office shall be the date of receipt by the filing office. UCC records tendered by personal delivery and electronic delivery shall be processed and assigned a file time upon receipt. UCC records tendered by courier or postal service shall be processed and assigned a filing time in the order they are received.

(c) UCC search requests may be delivered by any means by which UCC records may be delivered to the filing office. Search requests on a debtor named in an initial financing statement may be made by an appropriate indication on the initial financing statement, if the search fee is included.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §87; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-3 Forms

The forms prescribed in L. 2000, Ch. 142, Sec. 92, to be codified as K.S.A. 84-9-521 and amendments thereto, and forms prescribed by the filing officer shall be the only forms accepted by the filing office.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §92; effective, T-7-7-2-01, July 2, 2001; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-4 Fees

(a) The fee for filing and indexing a paper UCC record of one to 10 pages shall be $15.00. The fee for filing and indexing additional pages beyond the 10th page of a UCC record shall be charged at the rate of $1.00 per page. The fee for filing and indexing an electronic UCC record, excluding a termination statement, shall be $5.00. The fee for filing and indexing a termination statement electronically shall be $1.00. The fee for filing and indexing a paper transmitting utility UCC record of one to 10 pages shall be $45.00. The fee for filing and indexing an electronic transmitting utility UCC record of one to 10 pages shall be $45.00.

(b) The fee for a paper UCC search request shall be $15.00 per debtor name. The fee for an electronic UCC search request shall be $8.00 per debtor name. The fee for a secured party search request shall be $145.00.

(c) The fee for copies of UCC documents shall be $1.00 per page, or page equivalent for electronically transmitted responses.

(d) The fee for bulk UCC customer enrollment service request shall be $7,500.00 per entity.

(e) The fee for entity bulk download service shall be $1,500.00 per month after enrollment.

(f) The fee for entity auto-notification service online shall be $35.00 per month.

(g) No fee shall be collected for filing a court's findings of fact and conclusion of law pursuant to K.S.A. 58-4301 and amendments thereto.

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History

History: (Authorized by K.S.A. 2025 Supp. 84-9-526; implementing K.S.A. 58-4301, K.S.A. 75-448, and K.S.A. 2025 Supp. 84-9-526; effective, T-7-7-2-01, July 2, 2001; effective Oct. 12, 2001; amended July 7, 2008; amended Feb. 27, 2026.)

Kan. Admin. Regs. § 7-17-5 Methods of payment

(a) Payment in cash shall be accepted if paid in person at the filing office.

(b) Personal checks, cashier's checks, and money orders made payable to the filing office, including checks in an amount to be filled in by a filing officer but not to exceed a particular amount, shall be accepted for payment if they are drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.

(c) A prepaid account may be used for payment to the secretary of state's office, except for electronic filing. An account shall be opened by submitting an application and prepaying an amount prescribed by the secretary of state. An account number to be used by the remitter shall be issued by the secretary of state. Filing fees shall be deducted from the remitter's prepaid account by the secretary of state when authorized to do so by the remitter.

(d) Payment by debit cards and credit cards issued by approved issuers shall be accepted by the secretary of state. Remitters shall provide the secretary of state with the following information:

(1) The card number;

(2) the expiration date of the card;

(3) the name of the approved card issuer;

(4) the name of the person or entity to whom the card was issued; and

(5) the billing address for the card.

Payment shall not be deemed tendered until the issuer or its agent has confirmed payment to the filing office.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §87; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-6 Overpayment and underpayment of fees

(a) Each overpayment exceeding five dollars shall be refunded to the remitter by the filing officer. Each overpayment of five dollars or less shall be refunded to the remitter by the filing officer only upon the written request of the remitter.

(b) Upon receipt of a record with an insufficient fee, one of the following actions shall be performed by the filing officer:

(1) Sending a notice of the deficiency to the remitter and holding the record for 10 days from the date of the notice for receipt of the fee. The time and date of receipt of the full filing fee shall be deemed to be the filing time and date. If the fee is not received within 10 days of the date of the notice, the record shall be returned to the remitter with a written explanation for the refusal to accept the record; or

(2) returning the record to the remitter. A refund may be included with the record or delivered under separate cover.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §87; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-7 Filing officer's duties deemed ministerial

The duties and responsibilities of the filing officer with respect to the administration of the UCC shall be deemed ministerial. In accepting for filing or refusing to file a UCC record according to these regulations, none of the following shall be deemed to be performed by the filing officer: (a) Determination of the legal sufficiency or insufficiency of a record;

(b) determination that a security interest in collateral exists or does not exist;

(d) creation of a presumption that the information in the record is correct or incorrect, in whole or in part.

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History

History: (Authorized by and implementing L. 2000, Ch. 142, §97; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-8 Notification of defects

Nothing in these regulations shall be deemed to prevent a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not the record was filed or refused for filing. However, the filing office shall be under no obligation to communicate this information to a filer or remitter. The responsibility for the legal effectiveness of the filing shall rest with each filer and remitter, and the filing office shall bear none of this responsibility.

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History

History: (Authorized by and implementing L. 2000, Ch. 142, §97; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-9 Defects in filing

(a) The following reasons shall not constitute grounds for the filing officer to refuse a record:

(1) The UCC record contains or appears to contain a misspelling or other erroneous information.

(2) The UCC record appears to identify a debtor incorrectly.

(3) The UCC record appears to identify a secured party or a secured party of record incorrectly.

(4) The UCC record contains additional or extraneous information of any kind.

(5) The UCC record contains less than the information required by Kansas law except for information allowing rejection pursuant to L. 2000, Ch. 142, Sec. 87(b), to be codified as K.S.A. 84-9-516(b) and amendments thereto.

(6) The UCC record incorrectly identifies collateral, contains an illegible or unintelligible description of collateral, or appears to contain no such description.

(b) If the record contains more than one debtor name or address and any names or addresses are missing or illegible, the legible name and address pairings shall be indexed by the filing officer. A notice shall be provided by the filing officer to the remitter containing the following information:

(1) The file number of the record;

(2) identification of the debtor name that was indexed; and

(3) a statement that debtors with illegible or missing names or addresses were not indexed.

(c) If the record contains more than one secured party or assignee name or address and any names or addresses are missing or illegible, the legible name and address pairings shall be indexed by the filing officer. A notice containing the following information shall be provided by the filing officer to the remitter:

(1) The file number of the record;

(2) the secured party name that was indexed; and

(3) a statement that the secured parties with illegible or missing names or addresses were not indexed.

(d) If an amendment requests more actions than can be accommodated on the form, the information shall be filed and indexed by the filing officer in accordance with the first requested action. All other actions requested shall be disregarded by the filing officer.

(e) If, within 30 days of the date that the record is rejected, a secured party or a remitter demonstrates to the filing officer that the UCC record that was refused for filing should not have been refused, the UCC record shall be filed by the filing officer with a filing date and time reflecting the date and time the document would have received, if it had been accepted when originally tendered for filing. A filing officer statement shall also be filed by the filing officer indicating that the effective date and time of filing are the date and time the UCC record was originally tendered for filing, and setting forth the date and time. If the filing officer's procedures do not include recording the filing time, the filing time shall be deemed to be 5:00 p.m.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §87; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-10 Deadline to refuse filing

(a) Whether reason exists to refuse a UCC record for filing shall be determined by the secretary of state not later than the second business day after receipt. An accepted UCC record shall be indexed by the secretary of state within the same time period.

(b) If the secretary of state finds grounds under K.S.A. 84-9-516, and amendments thereto, to refuse a UCC record, the record, if written, shall be returned by the secretary of state to the remitter, and the filing fee may be refunded. A notice that contains the date and time the record would have been filed had it been accepted for filing shall be sent by the secretary of state, unless the date and time are stamped on the record. This notice shall include a brief description of the reason for refusal to accept the record. The notice shall be sent to a secured party or the remitter no later than the second business day after the determination to refuse acceptance of the record. A refund may be delivered with the notice or under separate cover.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §§87, 91; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-11 Filing office data entry

(a) Information from a UCC record presented for filing shall be entered into the filing system database by the filing office exactly as it appears on the record and in accordance with the designations given by the filer, except that social security numbers and other personally identifiable information not required by law may be omitted from the database by the filing office.

(b) If a UCC record is tendered that provides characters not on the standard QWERTY keyboard, the filing officer shall substitute a space for each such character. If the character appears on the standard QWERTY keyboard but includes an additional mark, the character shall be entered into the filing system without the additional mark.

(c) Each name that exceeds the fixed length of the name field in the UCC database shall be entered as presented to the filing office, up to the maximum length allowed by the name field.

(d) An initial financing statement shall be filed as relating to a manufactured home transaction, public finance transaction, or a transmitting utility by the filing officer only if the appropriate box on the addendum form is checked.

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History

History: (Authorized by K.S.A. 2007 Supp. 84-9-526; implementing K.S.A. 2007 Supp. 84-9-519; effective Oct. 12, 2001; amended July 7, 2008.)

Kan. Admin. Regs. § 7-17-12 Status of parties upon filing initial financing statement

Upon the filing of an initial financing statement, the status of the parties and the status of the financing statement shall be as follows. (a) Each secured party named in an initial financing statement shall be a secured party of record, except that if the UCC record names an assignee, the assignor shall not be a secured party of record, and the assignee shall be the secured party of record.

(b) The status of a debtor named on the record shall be active and shall continue as active for one year after the financing statement lapses.

(c) The status of the financing statement shall be active and shall continue as active for one year after its lapse date.

(d) If the initial financing statement is filed with respect to a transmitting utility, there shall be no lapse date, and the financing statement shall remain active for one year after the financing statement is terminated with respect to all secured parties of record.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §§82, 86, 93; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-13 Status of parties upon filing an amendment

Upon the filing of an amendment, the status of the parties and the status of the financing statement shall be as follows. (a) An amendment that amends only the collateral description or one or more addresses shall not affect the status of any debtor or secured party. If an amendment is authorized by less than all of the secured parties, or in the case of an amendment that adds collateral, less than all of the debtors, the statement shall affect the interests only of each authorizing secured party or debtor.

(b) An amendment that changes a debtor's name shall not affect the status of any debtor or secured party, except that the related initial financing statement and all UCC records that identify the initial financing statement shall be cross-indexed in the UCC information management system so that a search under either the debtor's old name or the debtor's new name will reveal the initial financing statement and related UCC records. This amendment shall affect the rights only of its authorizing secured party.

(c) An amendment that changes the name of a secured party shall not affect the status of any debtor or any secured party, but the new name shall be added to the index as if it were a new secured party of record.

(d) An amendment that adds a new debtor name shall not affect the status of any party to the financing statement, except that the new debtor name shall be added as a new debtor on the financing statement. The addition shall affect the rights only of the secured party authorizing the amendment.

(e) An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added as a new secured party on the financing statement.

(f) An amendment that deletes a debtor shall not affect the status of any party to the financing statement, even if the amendment purports to delete all debtors.

(g) An amendment that deletes a secured party of record shall not affect the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record.

(h) An amendment shall not affect the status of the financing statement, except that a continuation statement may extend the period of effectiveness of a financing statement.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §83; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-14 Status of party upon filing an assignment

An assignment shall not affect the status of the financing statement or the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §85; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-15 Status of party upon filing a continuation statement

(a) Upon the timely filing of one or more continuation statements, the lapse date of the financing statement shall be postponed for five years.

(b) The filing of a continuation statement shall not affect the status of any party to the financing statement.

(d) If there is no timely filing of a continuation statement with respect to a financing statement, the financing statement shall lapse on its lapse date, but no action shall be taken by the filing office. One year after the lapse date, the financing statement shall be rendered inactive, and the financing statement shall no longer be made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §86; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-16 Status of parties upon filing a termination statement

(a) The filing of a termination statement shall not affect the status of any party to the financing statement.

(b) A termination statement shall not affect the status of the financing statement, and the financing statement shall remain active in the information management system for one year after it lapses. If the termination statement relates to a financing statement against a transmitting utility, the financing statement shall become inactive one year after it is terminated with respect to all secured parties of record.

(c) A termination statement may be filed in the filing office in which the financing statement was filed before the effective date of L. 2000, Ch. 142, unless an initial financing statement has been filed pursuant to L. 2000, Ch. 142, Sec. 131(c), to be codified as K.S.A. 84-9-706(c), in the office specified by law.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §84; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-17 Status of parties upon filing a correction statement

(a) The filing of a correction statement shall not affect the status of any party to the financing statement.

(b) A correction statement shall not affect the status of the financing statement.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §89; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-18 Deadline for filing a continuation statement

(a) The first day on which a continuation statement may be filed shall be six months preceding the month in which the financing statement would lapse and corresponding to the date upon which the financing statement would lapse. If there is no such corresponding day, the first day on which a continuation statement may be filed shall be the last day of the sixth month preceding the month in which the financing statement would lapse.

(b) The last day on which a continuation statement may be filed shall be the date upon which the financing statement lapses.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §86; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-19 Errors in filing

(a) Any errors of the filing office in the UCC information management system may be corrected by the filing officer. A filing officer statement shall be filed by the filing officer in the UCC information management system identifying the record to which the correction relates, the date of the correction, and an explanation of the corrective action taken. The record shall be preserved as long as the record is preserved in the UCC information management system.

(b) Each error by a filer shall be the responsibility of the filer. The filer may correct the error by filing an amendment or a correction statement.

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History

History: (Authorized by and implementing K.S.A. 2006 Supp. 84-9-519; effective Oct. 12, 2001; amended July 7, 2008.)

Kan. Admin. Regs. § 7-17-20 Notice of bankruptcy

No action shall be taken by the filing officer upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.

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History

History: (Authorized by and implementing L. 2000, Ch. 142, §97; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-21 Searches

(a) A searchable index of all UCC records shall be maintained for inspection by the filing officer. The index shall allow the retrieval of a record by the name of the debtor and by the file number of the initial financing statement, and each filed UCC record relating to the initial financing statement.

(b) Each search request shall contain the following information:

(1) The name of the debtor to be searched, using designated fields for the organization name and individual first, middle, and last names and specifying whether the debtor is an individual or an organization. Each search request shall be processed using the name and the designated fields in the exact form submitted;

(2) the name and address of the person to whom the search report is to be sent; and

(3) the appropriate fee, payable by any permissible method specified in K.A.R. 7-17-5.

(1) A request that copies of records found in the search be included with the search report;

(2) a request to limit the copies of records by restricting the search to a city, a filing date or a range of filing dates, or the identity of the secured party of record;

(3) a request to include lapsed, active records; or

(4) instructions on the mode of delivery desired, if other than by ordinary mail. This request shall be honored if the requested mode is available to the filing office.

(d) Before providing a copy of any UCC record, the filing officer shall redact any information in accordance with laws applicable to privacy rights and identity theft protection.

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History

History: (Authorized by K.S.A. 2006 Supp. 84-9-526; implementing K.S.A. 2006 Supp. 84-9-519; effective Oct. 12, 2001; amended July 7, 2008.)

Kan. Admin. Regs. § 7-17-22 Search logic

(a) Search results shall be produced by applying only standardized search logic to each name presented to the filing officer. Human judgment shall not play a role in determining the results of the search. The standardized search logic used shall meet the following criteria:

(1) There is no limit to the number of matches that may be returned in response to the search criteria.

(2) The characters searched are letters "a" through "z" and numbers 0 through 9.

(3) No distinction is made between uppercase and lowercase letters, and all letters are converted to uppercase in the filing office database.

(4) Punctuation marks, accents, and suffixes are disregarded. Punctuation marks and accents shall mean all characters other than the letters "a" through "z" and the numbers 0 through 9.

(5) Words and abbreviations at the end of a name that indicate the existence or nature of an organization are disregarded. These words and abbreviations shall include the following:

(A) Association;

(B) bank;

(D) college;

(E) company;

(F) corporation;

(G) club;

(H) foundation;

(I) fund;

(J) incorporated;

(K) institute;

(L) limited;

(M) society;

(N) syndicate;

(O) trust;

(P) union;

(Q) university;

(R) limited partnership;

(S) LP;

(T) limited liability company;

(U) LLC;

(V) limited liability partnership;

(W) LLP;

(X) professional association;

(Y) chartered; and

(Z) the following abbreviations: co., corp., inc., ltd., and P.A.

(6) The word "the" at the beginning of the search criteria is disregarded.

(7) All spaces are disregarded.

(8) For middle names of individuals, initials are equated with all names that begin with these initials, and the absence of a middle name or initial is equated with all middle names and initials.

(9) The word "and" and the symbol "&" are equated with each other.

(b) After using the criteria in subsection (a) to modify the name of the debtor requested to be searched, the search shall reveal only names of debtors that are contained in unlapsed financing statements and exactly match the name requested, as modified.

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History

History: (Authorized by K.S.A. 2006 Supp. 84-9-526; implementing K.S.A. 2006 Supp. 84-9-519; effective Oct. 12, 2001; amended, T-7-9-6-06, Sept. 6, 2006; amended March 23, 2007; amended July 7, 2008.)

Kan. Admin. Regs. § 7-17-23 Search reports

Reports created in response to a search request shall include the following:

(a) The identification of the filing officer and the certification of the filing officer;

(b) the date the report was generated;

(d) the certification date and time for which the search is effective;

(e) the identification of each unlapsed financing statement filed on or before the certification date and time corresponding to the search criteria, by name of debtor, by financing statement file number, and by file date and file time;

(f) for each unlapsed initial financing statement on the report, a listing of all related UCC records filed by the filing officer on or before the certification date; and

(g) copies of all UCC records revealed by the search and requested by the searcher.

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History

History: (Authorized by L. 2000, Ch. 142, §97; implementing L. 2000, Ch. 142, §90; effective Oct. 12, 2001.)

Kan. Admin. Regs. § 7-17-24 Unofficial searches

Public access to a database that produces search results beyond exact name matches may be provided by the secretary of state. The supplemental database shall not be considered part of the standard search logic and shall not constitute an official search by the secretary of state.

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History

History: (Authorized by K.S.A. 2006 Supp. 84-9-526; implementing K.S.A. 2006 Supp. 84-9-519; effective Oct. 12, 2001; amended July 7, 2008.)

Article 20 Changing Hours of Elections

Kan. Admin. Regs. § 7-20-1 Changing hours of elections

The hours that polls will be open shall be specified in the regular publication notice as provided in K.S.A. 25-105, K.S.A. 1971 Supp. 25-209, 25-2018 (d), (e), (f) and 25-2112, and in any election notice wherein such times are required by law to be stated. If the voting hours are different from 7:00 a.m. until 7:00 p.m., and no publication notice is required by law to be made, then a special notice shall be published not less than seven (7) and not more than twenty-one (21) days prior to such election stating the hours the polls will be open.

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History

History: (Authorized by K.S.A. 1971 Supp. 25-106, 25-2111; effective Jan. 1, 1972.)

Article 21 Voting Equipment

Kan. Admin. Regs. § 7-21-1 Storage of voting equipment

(a) As used in this article of this agency's regulations, "voting equipment" shall mean an electronic or electromechanical voting system and electronic poll books, as defined in K.S.A. 25-4401 and amendments thereto, and optical scanning equipment, as defined in K.S.A. 25-4601 and amendments thereto, and all associated communication equipment, supervisor or administrator devices, ballot activation devices, and storage media.

(b) Each county election officer shall store all voting equipment in a secured facility to prevent unauthorized entry and to ensure that the voting equipment cannot be tampered with or damaged.

(1) The county election officer shall ensure that only election officials or persons authorized by election officials have access to the secured facility.

(A) Access shall be restricted through the use of badges, unique key locks, or an electronic keypad connected to a security monitoring system. The optimal access control system uniquely identifies each person entering the secured facility, authorizes entry, and automatically logs the date and time of entry.

(B) At no time shall a single individual enter the secured facility alone. Access to the secured facility must include a minimum of two people not affiliated with the same political party. Election staff must always accompany and remain with vendors who require access to voting equipment stored in the secured facility.

(2) The secured facility shall be equipped with monitored entry detection and fire alarm protection as well as temperature control features.

(3) The secured facility's interior may be monitored by video cameras if the video cameras are routinely tested to ensure they are functioning.

(1) access logs that list the name, date, time and purpose for each individual entering and exiting the secured facility;

(2) a list of all inspections of the secured facility and functionality checks of any monitoring systems, that include the date, time, inspector's name, and findings;

(3) a current inventory of all voting equipment stored in the secure facility indicating the date any voting equipment was permanently removed from or added to storage in the secured facility;

(4) a check-out and return log containing the date and time when each piece of voting equipment was released from and returned to the secured facility and the reason for its removal;

(5) a usage history for each piece of voting equipment listing the elections in which it was used; and

(6) a repair history for each piece of voting equipment that contains the date and nature of each repair or upgrade.

The county election officer may destroy those records enumerated in (c)(1) to (4) after 22 months and must retain those records enumerated in (c)(5) and (6) as long as the associated piece of voting equipment is in the possession of the county election officer.

(d) When voting equipment is delivered to polling places for use on election day, the voting equipment shall be secured with access limited to authorized personnel from the time the equipment leaves the storage facility until its return.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2023 Supp. 25-4415 and K.S.A. 25-4614; effective Jan. 1, 1972; amended July 7, 2008; amended June 14, 2024.)

Kan. Admin. Regs. § 7-21-2 Voting equipment security

Each county election officer shall adopt written procedures to secure the voting equipment. Each county election officer shall review these procedures annually. On or before April 1st of each year, each county election official shall certify to the secretary of state that the annual review and update has been completed. These procedures shall include the following requirements: (a) All computers or other devices used to prepare ballots or to program elections and voting equipment used for voting shall never be connected to the internet. All networking adapters or other communication devices inside or connected to the computer or other device shall be disabled except in the case of a server/client election management system environment. In such server/client environments, networking adapters must only be used to facilitate connections between the air-gapped election management system server and the client devices used to access that server.

(b) Each computer or other device used to prepare ballots or to program elections shall be equipped with software, firmware, or an operating system used only for preparing ballots and programming elections. The software, firmware, or operating system shall be certified by the secretary of state. Each computer used to prepare ballots or to program elections shall also contain software relating to system security, including virus protection.

(c) Each computer or other device shall be accessible only to authorized county election personnel and shall require user authentication for access. Each staff person with access shall have unique login credentials. The election programming computer shall be stored in a secure room with controlled access. This also includes maintaining access logs, locks and seals to control and document access to the secured room.

(d) For each user-initiated event that occurs on a computer or other device used to prepare ballots or to program elections, a log record shall be made of the nature of the event, the date and time of the event, and the person initiating the event.

(e) The election results reported from polling places to the county election office shall be sent only by hand-delivery or phone. Election results reported from the county election office to the secretary of state shall be sent only by fax, phone, hand-delivery, encrypted electronic transfer, or other secured transmission methods approved by the secretary of state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2023 Supp. 25-4415 and K.S.A. 25-4614; effective Jan. 1, 1972; amended July 7, 2008; amended June 14, 2024.)

Kan. Admin. Regs. § 7-21-4 Manual count of damaged or defective paper ballots

(a) If any paper ballot is damaged or defective so that the ballot cannot be counted properly by optical scanning equipment or automatic tabulating equipment, the county election officer shall establish a special counting board of two or more persons for the purpose of manually counting the damaged or defective paper ballot.

(b)(1) The special counting board shall consist of election board workers at a polling place or other persons at a central location. To the extent practicable, the special counting board members shall not all be affiliated with the same political party.

(2) No person serving on the special counting board shall be a candidate for an office on the ballot or a member of a group supporting or opposing passage of a question submitted on the ballot.

(3) One person on the special counting board shall be designated the supervising judge.

(c) The special counting board shall manually count any ballot that is damaged or defective and that cannot be counted properly by optical scanning equipment or automatic tabulating equipment, using the following procedures:

(1) Each ballot shall be separated from any advance voting envelope or provisional ballot envelope that identifies the voter who cast the ballot.

(2) If more than one damaged or defective ballot is to be counted, the supervising judge shall collect and enumerate the ballots and shall announce the total number of ballots to the board.

(3) A member of the special counting board shall read and announce the contents of each ballot and shall hand each ballot to another member of the board to verify the contents of the ballot. A member of the board other than the member reading the ballots shall tally the votes cast on the ballot on a tally sheet provided by the county election officer.

(4) The county election officer may require the special counting board to maintain two separate sets of tally sheets. If the board is required to maintain these tally sheets, the board shall compare the tally sheets and reconcile any differences to the satisfaction of a majority of the board. The tally sheets shall be compared at the end of the counting process.

(d) If the special counting board is unable to determine the voter's intent for any ballot or portion of a ballot, the ballot shall be challenged and referred to the county board of canvassers for resolution pursuant to K.S.A. 25-3002(b)(1) and amendments thereto.

(e) At the conclusion of the special counting board's duties, the special counting board shall provide all ballots and records to the county election officer. The county election officer shall preserve the ballots and records in accordance with state law and shall include the results tabulated from the ballots in the official results of the election.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by L. 2007, Ch. 125, Secs. 22 and 34; implementing K.S.A. 25-4412, as amended by L. 2007, Ch. 125, Sec. 19, and K.S.A. 25-4611, as amended by L. 2007, Ch. 125, Sec. 31; effective July 7, 2008.)

Kan. Admin. Regs. § 7-21-5 Electronic poll book signatures

A hand-written signature on an electronic poll book means any mark made by a person indicating that the person is the listed registered voter residing at the address recorded on the electronic poll book. The person may make their mark on the electronic poll book screen by employing a stylus, a finger, or by an amanuensis.

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History

History: (Authorized by and implementing K.S.A. 2022 Supp. 25-2912; effective April 21, 2023.)

Article 23 Voter Registration

Kan. Admin. Regs. § 7-23-2 Registration records

(a) The county election officer shall continuously maintain all voter registration records.

(b) To ensure the reliability of all voters' registration, the county election officer shall keep a separate registration list for each precinct and township in the county and shall update each list before each election.

(c) The county election officer shall keep each application for registration in the office of the county election officer. Any person or organization conducting a voter registration effort shall transmit completed registration application forms to the county election officer regularly as specified by the county election officer.

(d) For purposes of requesting an official application for voter registration, a request "in writing" means any written request, including a single written request or a request accompanied by other requests on the same paper.

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History

History: (Authorized by K.S.A. 25-2304 and 25-2309; implementing K.S.A. 25-2309; effective Jan. 1, 1972; amended Feb. 21, 1994; amended Jan. 3, 1997; amended June 14, 2024.)

Kan. Admin. Regs. § 7-23-4 Notice of places and dates of registration

The notice regarding registration required by K.S.A. 25-2310, and amendments thereto, shall be published one time, at least 10 days before the date the registration books will be open additional hours, as provided in K.S.A. 25-2311, and amendments thereto. If late hours are not required, the notice shall be published one time, at least 10 days before the date the registration books will be closed. The publication notice shall be made in the following form:

NOTICE OF PLACES AND DATES OF REGISTRATION

In compliance with the provisions of K.S.A. 25-2310, notice is hereby given that the books for registration of voters will be open at the following places during regular business hours:

Persons who apply for services at voter registration agencies may register at the following places during regular business hours:

*Beginning on the ____ day of _______, 20, additional hours of registration will be provided at the following places:

At ______ p.m. on the ______ day of _______, 20, the books for registration of voters will close and will remain closed until the ______ day of __________, 20.

A citizen of the United States who is 18 years of age or older, or will have attained the age of 18 years at the next election, must register before he or she can vote. Registration is open until the close of business on the 21st day before the election.

When a voter has been registered according to law, the voter shall remain registered until the voter changes name by marriage, divorce or other legal proceeding or changes residence. The voter may reregister in person, by mail or other delivery, when registration is open or the voter may reregister on election day.

Application forms shall be provided by the county election officer or the secretary of state upon request. The application shall be signed by the applicant under penalty of perjury.

In Witness Whereof I have hereunto set my hand and seal this ______ day of _______, 20.

If late hours are not required, omit this paragraph.

***** Authenticated Kansas Administrative Regulation *****

| __________________________ (SEAL) | County Election Officer

History

History: (Authorized by K.S.A. 2023 Supp. 25-2310; implementing K.S.A. 2023 Supp. 25-2310 and 25-2311; effective Jan. 1, 1972; amended Jan. 1, 1974; amended May 1, 1978; amended Sept. 24, 1990; amended Jan. 3, 1997; amended Feb. 24, 2012; amended June 14, 2024.)

Kan. Admin. Regs. § 7-23-6 Special election, additional hours not required; publication

Additional hours for registration as provided in K.S.A. 25-2311 (d) are not required prior to a special election held on any day other than a primary or general election. Publication of closing of registration for a special election shall be made at least ten days prior to the closing of the registration books.

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History

History: (Authorized by K.S.A. 25-2310; effective Jan. 1, 1974.)

Kan. Admin. Regs. § 7-23-7 Publication of additional places of registration

Whenever county election officers provide additional places of registration during periods when it is anticipated a large number of persons may wish to register as provided by K.S.A. 25-2313, a notice shall be published in a newspaper having general circulation within the area, or the officially designated newspaper, at least five days prior to the date such outposts will be open. The notice shall state the location of the outpost and the hours and days such outposts will be open.

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History

History: (Authorized by K.S.A. 25-2310; effective Jan. 1, 1974.)

Kan. Admin. Regs. § 7-23-12 Sufficiency of address for registration

An election official shall register any person who is otherwise qualified to vote and is able to provide a residence address in enough detail to enable the election official to assign the applicant to the correct precinct.

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History

History: (Authorized by and implementing K.S.A. 1992 Supp. 25-2304; effective Feb. 21, 1994.)

Kan. Admin. Regs. § 7-23-14 Assessing documents submitted as evidence of United States citizenship

(a) In assessing documents submitted as evidence of United States citizenship, each election officer shall consider the following factors: first name, middle name or initial, surname, date of birth, place of birth, and sex.

(1) The first name and the middle name or initial, if provided, shall be consistent with the information provided on the person's application for voter registration. Hyphenated names shall be permitted if not inconsistent with the information provided on the person's application for voter registration.

(2) If the name on the document is inconsistent with the applicant's name as it appears on the application for voter registration, the election officer shall perform the following:

(A) Ask the applicant for a second, government-issued document confirming the voter's current name;

(B) if the applicant is unable or unwilling to provide a second, government-issued document, allow the applicant to sign an affidavit pursuant to K.S.A. 25-2309 and amendments thereto, stating the inconsistency related to the applicant's name and swearing under oath that, despite the inconsistency, the applicant is the individual reflected in the document provided as evidence of citizenship; and

(C) if the applicant is either unable or unwilling to provide a second, government-issued document and refuses to sign an affidavit, inform the applicant of the applicant's right to appeal to the state election board, pursuant to K.S.A. 25-2309 and amendments thereto.

(3) The date of birth indicated on the document submitted as evidence of United States citizenship shall match the date of birth provided on the application for voter registration. If the dates of birth are inconsistent, the election officer shall inform the applicant of the applicant's right to appeal to the state election board, pursuant to K.S.A. 25-2309 and amendments thereto.

(4) If the place of birth is indicated on the document submitted as proof of United States citizenship, the place of birth may be used to assess the applicant's status as a United States citizen. If the document does not contain a place of birth, this fact shall not result in an unsatisfactory assessment.

(5) If the sex indicated on the document does not match the sex indicated on the application for the voter registration, the election officer shall perform the following:

(A) Ask the applicant for a second, government-issued document confirming the voter's sex;

(B) if the applicant is unable or unwilling to provide a second, government-issued document, allow the applicant to sign an affidavit pursuant to K.S.A. 25-2309 and amendments thereto, stating the inconsistency related to the applicant's sex and swearing under oath that, despite the inconsistency, the applicant is the individual reflected in the document provided as evidence of citizenship; and

(C) if the applicant is unable or unwilling to provide a second, government-issued document and refuses to sign an affidavit, inform the applicant of the applicant's right to appeal to the state election board, pursuant to K.S.A. 25-2309 and amendments thereto.

(6) If a document submitted as evidence of United States citizenship contains an expiration date and this date has passed when the document is submitted for purposes of voter registration, the document shall nonetheless be considered in assessing qualifications to register to vote.

(b) If an applicant for voter registration fails to submit evidence of United States citizenship before the deadline to register to vote before an election, the applicant may submit a valid citizenship document by mail or personal delivery to the county election office by the close of business on the day before the election or a valid citizenship document by electronic means before midnight on the day before the election. "Electronic means" shall include facsimile, electronic mail, and any other electronic means approved by the secretary of state. For each document received in accordance with this subsection, the county election officer shall perform the following:

(1) Accept and assess the citizenship document;

(2) add the applicant's name to the voter registration list as a registered voter; and

(3) if practicable, include the registrant's name in the poll book for the upcoming election. If poll books have already been printed, the county election officer shall, if practicable, communicate the registrant's name to the appropriate polling place with instructions to allow the registrant to vote a regular ballot. If the registrant's name is not communicated to the election board at the appropriate polling place by the county election officer before the opening of the polls on election day, the registrant shall be allowed to cast a provisional ballot. If any applicant to whom this subsection applies fails to submit satisfactory evidence of United States citizenship in accordance with this subsection and the applicant casts a provisional ballot, the ballot shall not be counted.

(c) A registered voter who has previously provided sufficient evidence of United States citizenship with a voter registration application in this state shall not be required to resubmit evidence of United States citizenship with any subsequent voter registration application.

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History

History: (Authorized by and implementing K.S.A. 2014 Supp. 25-2309; effective Jan. 1, 2013; amended Oct. 2, 2015.)

Kan. Admin. Regs. § 7-23-15 Incomplete applications for voter registration

(a) If the county election officer assessing an application for voter registration determines that the application does not contain the information required by law, including satisfactory evidence of United States citizenship, the county election officer shall designate the application as incomplete. Each county election office shall maintain a list of incomplete applications for voter registration.

(b) Any voter registration applicant whose voter registration application has been designated as incomplete under subsection (a) may complete the voter registration application, without submitting a new voter registration application, by providing the required information that was not provided with the original voter registration application within 90 days after the voter registration application was received by the county election office.

(c) If a voter registration application was designated as incomplete under subsection (a) and the application is not completed by the applicant under subsection (b), the voter registration application shall be deemed insufficient by the county election officer and the county election officer shall designate the voter registration application as canceled. Each voter registration applicant whose voter registration application was deemed insufficient under this subsection shall be required to submit a new voter registration application in order to become registered to vote.

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History

History: (Authorized by and implementing K.S.A. 2014 Supp. 25-2309; effective Oct. 2, 2015.)

Article 24 Supplies for Voting Places

Kan. Admin. Regs. § 7-24-1 Number of ballot boxes required

County election officers shall provide, at each voting place where voting machines are not in use, a separate ballot box for each of the types of ballots as provided by K.S.A. 25-2704. Whenever an election board of seven (7) or more members is divided by the county election officer into a receiving board and a counting board or boards, the county election officer shall provide one or more additional ballot boxes for each counting board in order to perform their duties efficiently.

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History

History: (Authorized by K.S.A. 25-2704; effective Jan. 1, 1972; amended May 1, 1978.)

Kan. Admin. Regs. § 7-24-2 Chain of custody documents

Chain of custody documents for election supplies, including ballots and poll books, shall be made and given in the following manner: (a) All chain of custody documents for election supplies, including ballots and poll books, shall be on forms provided by the county election officer so that photocopies are clearly legible. The county election officer shall make provisions for each of the kinds and types of election supplies received by the supervising judge. The forms shall clearly state the in-person early voting location or polling place including all precincts assigned to the polling place.

(b) At the time the supervising judge receives election supplies, including ballots and poll books, a chain of custody document shall be made, signed, and dated by the supervising judge.

(c) Upon the return of the election supplies required by law to be returned to the county election officer, a chain of custody document shall be made, signed and dated by the county election officer, or the duly authorized deputy, for the supplies returned.

(d) Items that shall be included on chain of custody documents are poll books, ballots, party affiliation lists, USB drives, ballot containers, provisional ballot envelopes, returned mail ballots, and miscellaneous supplies.

(e) A chain of custody document, on a form approved by the secretary of state, shall be completed for every remote ballot drop box used in any election.

(f) A chain of custody document, on a form approved by the secretary of state, shall be completed each time the U.S. postal service delivers returned ballots or undeliverable ballots.

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History

History: (Authorized by and implementing K.S.A. 25-2707; effective Jan. 1, 1972; amended March 23, 2001; amended June 14, 2024.)

Article 25 Abstracts of Votes Cast

Kan. Admin. Regs. § 7-25-1 Certification

A certificate of validity shall be made for each copy of the three abstracts of votes cast at each voting place for every election. This certificate shall be printed upon or permanently appended to each abstract. The certificate shall be as follows:

CERTIFICATE FOR ABSTRACT OF VOTES CAST

on the ______ day of __________, 20, do hereby certify that the candidates whose names appear in the appended abstracts received the number of votes cast as written opposite their names, and that the votes cast on questions submitted are as therein indicated.

NOTE: Provide as many signature lines as there are judges and clerks. Voting place must be shown by township or precinct and ward for partisan elections.

***** Authenticated Kansas Administrative Regulation *****

We, the undersigned, who are all the judges and clerks of the election board of | ______________ | (Voting Place)

| ___________________________ | | ___________________________ | Judges | ___________________________ | | ___________________________ | | ___________________________ | Clerks

History

History: (Authorized by and implementing K.S.A. 25-3006; effective Jan. 1, 1972; amended March 23, 2001; amended June 14, 2024.)

Article 26 Certificates of Nomination and Election

Kan. Admin. Regs. § 7-26-1 Certificate of nomination

Every certificate of nomination issued by a county election officer shall be in the following form:

CERTIFICATE OF NOMINATION

I, __________________, County Election Officer of __________________ County, Kansas, do hereby certify that at the Primary Election in said county on the _____ day of ______________, 20, __________________ received the highest number of votes cast by the _______________ party for the office of ____________________ as appears in the official canvass made by the County Board of Canvassers, at its meeting held on the _____ day of __________, 20, and is therefore entitled to a place on the official ballot as such candidate of said party at the General Election to be held on ______________, 20.

In Testimony Whereof, I have hereunto set my hand and caused to be affixed my official seal, this _______ day of ___________, 20.

The above certificate may be adapted for city and school elections by omitting any reference to party nomination.

***** Authenticated Kansas Administrative Regulation *****

| __________________________ (SEAL) | County Election Officer

History

History: (Authorized by and implementing K.S.A. 25-3110; effective Jan. 1, 1972; amended March 23, 2001; amended June 14, 2024.)

Kan. Admin. Regs. § 7-26-2 Certificate of election

Every certificate of election issued by a county election officer shall be in the following form:

CERTIFICATE OF ELECTION

State of Kansas

County of ______________

I, ________________, County Election Officer of _______________ County, Kansas, do hereby certify that at the General Election held on the _______ day of ______, 20, ____________________ was duly elected to the office of ___________ as appears from the official canvass by the County Board of Canvassers made on the _______ day of _______, 20.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed my official seal, this _______ day of _____________, 20.

***** Authenticated Kansas Administrative Regulation *****

| __________________________ (SEAL) | County Election Officer

History

History: (Authorized by and implementing K.S.A. 25-3110; effective Jan. 1, 1972; amended March 23, 2001; amended June 14, 2024.)

Article 27 Party Affiliation

Kan. Admin. Regs. § 7-27-1 Maintenance of party affiliation lists

Party affiliation lists shall be maintained according to the following requirements: (a) (1) Before each primary and general election, each county election officer shall certify to the secretary of state the number of members of each party in each precinct of the election officer's county as shown by the party affiliation list and a total number for each party for the county. Before each primary election, the county election officer shall prepare an alphabetical list of electors by surname for each precinct, showing each elector's name, address, and party affiliation.

(2) After each primary election at which national, state, county, township, and, where applicable, city candidates are nominated, the county election officer shall prepare a new party affiliation list for each precinct. The party affiliation list shall include the names of all electors who voted in the primary election, and the names of all electors who have declared their party affiliation as provided by statute.

(b) If at any time a registered voter declares or changes that voter's party affiliation, that declaration or change shall be made on the party affiliation list. Whenever a voter's name is removed from the registration list as provided by K.S.A. 25-2316c, and amendments thereto, that voter's name shall also be removed from the party affiliation list.

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History

History: (Authorized by K.S.A. 25-3302; implementing K.S.A. 25-3302 and K.S.A. 2023 Supp. 25-3303; effective Jan. 1, 1972; amended Jan. 1, 1974; modified, L. 1978, ch. 451, May 1, 1978; amended Oct. 18, 1993; amended Oct. 1, 2004; amended June 14, 2024.)

Article 28 Sufficiency of Petitions

Kan. Admin. Regs. § 7-28-1 Determination

In determining the sufficiency of signatures or names on a petition if the specific statute governing the petition does not provide guidance in determining the validity of signatures, the following requirements shall apply: (a) If the last name in the signature on the petition is not spelled identically to the last name in the registration books, the signature shall be considered improper and insufficient.

(b) If a signature contains initials that are consistent with the names or initials as they appear in the registration books and if the last name in the signature on the petition is identical to the last name in the registration books and the address is identical, the signature shall be considered proper and sufficient.

(c) If a signature contains a nickname or abbreviation that is commonly accepted for a given name as it appears in the registration books, including "Wm." or "Bill" for William, and if the last name is identical and the address is identical, the signature shall be considered proper and sufficient.

(d) Prefixes to names including "Mr.," "Mrs.," "Miss," and "Dr.," shall be disregarded.

(e) Notwithstanding any of the requirements in subsections (a) through (d) of this regulation, if there is evidence leading the election officer to believe that any signature is not genuine, the signature shall be considered improper and insufficient.

(f) In all cases not provided for by these requirements, a signature shall be considered proper and sufficient if it bears such a similarity that it reasonably appears to be the same signature as that contained in the registration books.

(g) Each county election office employee who reviews the sufficiency of signatures on a petition must receive training approved by the secretary of state before determining the validity of a signature.

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History

History: (Authorized by and implementing K.S.A. 25-3604; effective Jan. 1, 1972; amended May 1, 1978; amended March 23, 2001; amended June 14, 2024.)

Article 29 Ballots

Kan. Admin. Regs. § 7-29-2 Official ballot colors

(a) All official ballots shall be printed in black ink on paper through which the printing or writing cannot be read.

(b) If only one ballot is required for an election, the ballot shall be white.

(d) Colored ballots may be used in any election to distinguish between political parties and election districts.

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History

History: (Authorized by and implementing K.S.A. 25-601; effective May 1, 1982; amended Oct. 18, 1993; amended March 23, 2001; amended Oct. 1, 2004.)

Kan. Admin. Regs. § 7-29-3 Ballot secrecy

To ensure that a ballot that has been cast cannot be associated with the voter who cast the ballot, the following records shall not be made available to the public:

(a) Ballot images, except when used for post-election audits conducted pursuant to K.S.A. 25-3009, and amendments thereto, or recounts conducted pursuant to K.S.A. 25-3107, and amendments thereto; and

(b) any aggregation of individual ballot data with a single entry for each ballot that was tabulated, showing the manner the voting system interpreted and tabulated the voter's markings on the ballot.

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History

History: (Authorized by and implementing K.S.A. 2022 Supp. 25-2912; effective April 21, 2023.)

Article 33 Information Fees

Kan. Admin. Regs. § 7-33-1 Information fees

Each register of deeds, when providing information concerning filings under article 9 of chapter 84 Kansas Statutes Annotated to persons by telecopier, shall charge $10.00 for each statement of filings and two dollars per page for copies of financing statements or related statements. For each request, the register of deeds shall remit to the county treasurer five dollars for deposit in the county general fund.

(Authorized and implementing L. 1988, Ch. 399, Sec. 1; effective, T-7-7-29-88, July 29, 1988; effective Nov. 8, 1988.)

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Kan. Admin. Regs. § 7-33-2 Computer access fees

When providing information about filings made under K.S.A. 84-9-101 through 84-9-508 by direct computer access, each register of deeds shall charge eight dollars for each debtor name searched, four dollars of which shall be remitted to the county treasurer for deposit in the county general fund.

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History

History: (Authorized by and implementing K.S.A. 1989 Supp. 84-9-411; effective Dec. 31, 1990.)

Article 34 Corporation Filing Fees

Kan. Admin. Regs. § 7-34-2 Corporation filing fees

The fees for filing and issuing corporate documents shall be as follows:

Articles of incorporation:

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History

History: (Authorized by and implementing K.S.A. 2025 Supp. 17-7506; effective, T-7-12-29-04, Jan. 1, 2005; effective April 1, 2005; amended Feb. 27, 2026.)

Article 36 Absentee and Advance Voting

Kan. Admin. Regs. § 7-36-1 Absentee and advance voting ballot envelopes

(a) In addition to the requirements of K.S.A. 25-1120 and 25-1121, each absentee and advance voting ballot envelope to be signed by a voter shall contain the following statement: "NOTICE TO VOTER: Your (absentee/advance voting) ballot will be separated from this signed (absentee/advance voting) ballot envelope in order to guarantee the confidentiality of your vote."

(b) Absentee and advance voting ballot envelopes shall be preserved in accordance with K.S.A. 25-2708. The envelopes shall be placed in separate envelopes or sacks, appropriately labeled and sealed. Access to the envelopes shall be subject to the provisions of K.S.A. 25-2708 and K.S.A. 25-3107.

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History

History: (Authorized by K.S.A. 25-1131 and K.S.A. 25-1225; implementing K.S.A. 25-1120 and K.S.A. 25-1219; effective Feb. 21, 1994; amended, T-7-7-3-95, July 3, 1995; amended Aug. 25, 1995; amended June 14, 2024.)

Kan. Admin. Regs. § 7-36-2 Advance voting voter; classification as permanent

A voter shall not be classified as a permanent advance voting voter by the county election officer unless the voter, or a person on the voter's behalf, has completed in its entirety an application for permanent advance voting voter status. The completed application shall specify the character of the voter's permanent disability or illness and shall be approved by the county election officer.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2023 Supp. 25-1122 and K.S.A. 25-1131; implementing K.S.A. 2023 Supp. 25-1122; effective Feb. 21, 1994; amended, T-7-7-3-95, July 3, 1995; amended Aug. 25, 1995; amended June 14, 2024.)

Kan. Admin. Regs. § 7-36-3 Advance voting voter; assistance

Assisting an elector pursuant to K.S.A. 25-1124 shall include, but not be limited to, the following acts: (a) transmitting an unmarked advance voting ballot to an elector;

(b) aiding the elector in marking the advance voting ballot;

(c) transmitting the marked ballot to the county election officer by moving the envelope containing the marked ballot to a U.S. postal service container, county remote secure ballot container, secure ballot container at a polling place, or the county election office; or

(d) any combination of the above acts.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 25-1131; implementing K.S.A. 2023 Supp. 25-1124; effective Feb. 21, 1994; amended, T-7-7-3-95, July 3, 1995; amended Aug. 25, 1995; amended June 14, 2024.)

Kan. Admin. Regs. § 7-36-5 Advance voting ballots; counting

Each county election officer shall adopt procedures to ensure that ballots received after the time the polls close on election day shall not be counted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 25-1131, as amended by 1995 SB 232, section 34; implementing K.S.A. 25-1132, as amended by 1995 SB 232, section 35; effective Feb. 21, 1994; amended, T-7-7-3-95, July 3, 1995; amended Aug. 25, 1995.)

Kan. Admin. Regs. § 7-36-6 Advance voting list with voting place

(a) Each county election officer shall adopt procedures to prevent a voter from casting both an advance by mail or in-person voting ballot and a regular ballot during in-person advance voting and at the voter's polling place on election day.

(b) The procedures shall include, but not be limited to, the following acts:

(1) During early advance voting (in person and by mail), transferring data nightly from electronic poll books to state voter registration software to update voter history for in-person and newly issued and returned mail ballots.

(2) Before election day, updating paper rosters and/or electronic poll books by adding the names of voters who voted in person and/or returned advance voting mail ballots after the poll books were prepared.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 25-1131; implementing K.S.A. 25-1126; effective Feb. 21, 1994; amended, T-7-7-3-95, July 3, 1995; amended Aug. 25, 1995; amended June 14, 2024.)

Kan. Admin. Regs. § 7-36-7 Processing advance voting ballot applications

This regulation shall govern the processing of each application for an advance voting ballot received by a county election officer if the applicant is registered to vote in that election officer's county and wants to receive the ballot by mail. (a) If the application does not contain sufficient information or if the information is illegible, the county election officer shall contact the applicant by any reasonable means to obtain the information no later than the Tuesday before the primary or general election.

(b) If the application is not signed or the signature on the application is not consistent with the applicant's signature on the official voter registration list, the election officer shall comply with the procedures specified in K.A.R. 7-36-9.

(1) does not contain the number of the applicant's current and valid Kansas driver's license number or nondriver's identification card number,

(2) does not contain a photocopy of any other identification specified in K.S.A. 25-2908, and amendments thereto, or

(3) if the Kansas driver's license number or nondriver's identification card number or photocopy is illegible, the county election officer shall attempt to contact the applicant no later than the Tuesday before the primary or general election to obtain the missing or illegible information. The county election officer shall provide the applicant with the information required by K.S.A. 25-1122(e)(2), and amendments thereto.

(d) If the county election officer obtains the necessary identification number or photocopy and the identification number or photocopy is consistent with the voter registration list on or before the Tuesday before the primary or general election, the county election officer shall issue a regular advance voting ballot.

(e) If an applicant submits a photocopy of the qualifying photographic identification document and the document contains information that is illegible or inconsistent with the information on the voter registration list, the county election officer shall attempt to contact the applicant by any reasonable means to confirm that the applicant intended to apply for an advance voting ballot and shall attempt to obtain a satisfactory photocopy of the qualifying photographic identification document.

(f) If on the Tuesday before the primary or general election the information, signature, or photocopy provided remains incomplete or inconsistent with the voter registration list, the county election officer shall issue a provisional advance voting ballot.

(g) The county election officer shall present each provisional advance voting ballot to the county board of canvassers for a determination of validity. If the voter provided additional information, an updated signature, or an additional photocopy upon request by the county election officer and if the information, signature, or photocopy is consistent with the voter registration list, the ballot shall be counted unless the county board of canvassers determines the ballot is invalid for another reason. If the voter did not provide additional information, an updated signature, or an additional photocopy upon request by the county election officer or if the information, signature, or photocopy is inconsistent with the information on the voter registration list, the ballot shall not be counted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 25-1122 and K.S.A. 25-1131; implementing K.S.A. 25-1122, K.S.A. 25-1123, and K.S.A. 2022 Supp. 25-1124; effective Feb. 24, 2012; amended, T-7-5-26-22, May 26, 2022; amended Sept. 23, 2022; amended Oct. 13, 2023.)

Kan. Admin. Regs. § 7-36-8 Uniformed and overseas citizens absentee voting act; ballot distribution deadline in local mail ballot elections

When conducting a local mail ballot election pursuant to K.S.A. 25-431 et seq. and amendments thereto, the county election officer shall transmit a ballot to any person who is qualified to vote under the uniformed and overseas citizens absentee voting act and who has submitted an application for a federal services ballot 45 or more days before the date of the election. If a person submits an application for a federal services ballot less than 45 days before the date of the election, the county election officer shall transmit a ballot to the person within two business days after receipt of the application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 25-440 and 25-1225; implementing K.S.A. 25-435, K.S.A. 25-438, and K.S.A. 2011 Supp. 25-1218; effective Feb. 24, 2012.)

Kan. Admin. Regs. § 7-36-9 Signature verification for advance voting by mail

(a) For purposes of this regulation, each of the following terms shall have the meaning specified in this subsection:

(1) "Application" means the submission by a registered voter to apply for an advance voting ballot to be transmitted by mail on which the voter affixes a signature, as specified in K.S.A. 25-1122 and K.S.A. 25-1122d, and amendments thereto.

(2) "Inconsistent," when used regarding a signature, means that the signature differs in multiple, significant, or obvious respects from the voter's signature in the voter registration database.

(3) "Mail ballot envelope" means the envelope containing a completed ballot on which the voter affixes a signature, as specified in K.S.A. 25-1124 and K.S.A. 25-433(b) and amendments thereto.

(4) "Match," when used regarding a signature, means that the signature is generally uniform and consistent with the voter's signature in the voter registration database.

(5) "Signature verification" means the process to verify the authenticity of a voter's signature on applications, as required by K.S.A. 25-1122(e)(1) and amendments thereto, and on mail ballot envelopes, as required by K.S.A. 25-1124(d) and (h) and K.S.A. 25-433(e) and amendments thereto.

(b) When a county election officer receives from a voter either an application or a mail ballot envelope, the county election official shall conduct signature verification as follows:

(1) If the signature matches the voter's signature on file, the application or mail ballot envelope shall be processed pursuant to K.S.A. 25-1134, K.S.A. 25-1135, and K.S.A. 25-1136, and amendments thereto.

(2) If the signature on the application or mail ballot envelope is inconsistent with the voter's signature on file or there is no signature, the county election official shall attempt to contact the voter as follows:

(A) If the voter's phone number is reasonably available, the county election official shall attempt to call the voter at least three times. The county election official shall inform the voter or leave a message with another person who answered the call or on voice mail of the apparently inconsistent or missing signature and the way to verify the voter's identity or correct the missing signature.

(B) The county election official shall send to the voter by first-class mail a notice informing the voter of the apparently inconsistent or missing signature, with instructions on how to verify the voter's identity or correct the missing signature.

(C) The county election official may also attempt to contact the voter by any other means, including electronic mail or personal visit at the voter's residence.

(1)(A) For contact by phone, the date, time, and phone number for each call and specification of whether instructions were left by voice mail, by conversation with the voter, or by conversation with another individual;

(B) for contact by mail, the date the letter was sent to the voter, the address to which the letter was sent, and a copy of the letter; or

(2) for all means of contact, specification of whether the voter corrected the missing or inconsistent signature.

(d) If a voter receives notice of a signature that is inconsistent with the voter's signature on file, the signature deficiency may be corrected as follows:

(1) On a mail ballot envelope, by providing an updated signature consistent with the signature on file at any time until the commencement of the county board of canvassers; or

(2) on an application, by providing an updated signature consistent with the signature on file at any time through the Tuesday of the week preceding the election.

(e) If a voter receives notice of a missing signature, the signature deficiency may be corrected as follows:

(1) On a mail ballot envelope, by appearing in person before a county election official and providing a signature at any time until the commencement of the county board of canvassers; or

(2) on an application, by submitting a new application with a signature or by appearing in person before a county election official and providing a signature at any time through the Tuesday of the week preceding the election.

(f) Before performing signature verification, the county election official shall complete training approved by the secretary of state on procedures to determine whether a voter's signature is consistent with the signature in the voter registration database.

(g) When conducting signature verification, the following shall apply:

(1) The voter's signature shall be compared to as many recorded signatures as possible from the voter registration database.

(2) Signature verification may occur by electronic device or by human inspection.

(3) All signatures that match those in the voter registration database shall be accepted.

(4) Before a signature on any application or mail ballot envelope is deemed inconsistent, at least two election officials who have been trained by the secretary of state shall agree that the signatures are inconsistent.

(5) Signature verification 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 that matches the voter's registration form.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 25-124, K.S.A. 25-440, K.S.A. 25-1122, and K.S.A. 25-1131; implementing K.S.A. 25-124, K.S.A. 25-433, K.S.A. 25-1122, and K.S.A. 25-1124; effective, T-7-5-26-22, May 26, 2022; effective Sept. 23, 2022.)

Article 37 Motor Voter

Kan. Admin. Regs. § 7-37-1 Voter registration; department of revenue; division of vehicles

(a) The voter registration portion of the application for each motor vehicle driver's license and nondriver identification card shall be either part of the division of vehicles application or a separate form given to each applicant simultaneously with the division of vehicles application.

(b) The voter registration portion of the application for each motor vehicle driver's license and nondriver identification card shall be approved by the secretary of state, and shall comply with the requirements of K.S.A. 25-2309, as amended.

(c) Each division of vehicles office shall deliver within five days of receipt each voter registration and change of address form received by the office to the county election officer in the county where the division of vehicles office is located. The county election officer shall forward each voter registration and change of address form from a nonresident of the county to the appropriate county election officer within five days of the county election officer's receipt.

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History

History: (Authorized by and implementing K.S.A. 25-2351; effective July 5, 1994.)

Article 38 National Voter Registration Act

Kan. Admin. Regs. § 7-38-1 National voter registration act; systematic list maintenance; national change of address files

(a) Once each calendar year, the chief state election official shall complete a check of the United States postal service national change of address files using the list of registered voters maintained in the state's central voter registration voter database.

(b) If the county election officer chooses to participate in the national change of address program instead of conducting mass or targeted mailings, the chief state election official shall send the name of each registered voter for whom records from the national change of address files indicate a change of address to the county election officer of the county where the voter is registered, as indicated on the central voter registration database.

(c) A county election officer shall send a confirmation mailing as prescribed by K.S.A. 25-2316c and amendments thereto to any registered voter for whom records from the national change of address files indicate a change of address. The confirmation mailing shall be sent when the county election officer receives the information described in subsection (b). If the records indicate a change of address within the county where the voter is registered, the county election officer shall change the voter's address to the new address before sending the confirmation mailing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 25-2354; effective Jan. 3, 1997; amended March 23, 2001; amended June 14, 2024.)

Article 39 Uniform Partnership Act

Kan. Admin. Regs. § 7-39-1 Uniform partnership act; filing fees

(a) The filing fees for documents filed with the secretary of state pursuant to the uniform partnership act shall be as follows:

(b) If a certified copy of a statement that is filed in another state is filed instead of an original statement, the filing fee charged shall be the fee prescribed for an original statement.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 56a-105(g); effective Nov. 20, 1998; amended Oct. 19, 2001; amended Feb. 27, 2026.)

Article 40 Revised Kansas Trademark Act

Kan. Admin. Regs. § 7-40-1 Classification of goods and services under the revised Kansas trademark act

The schedule of classes of goods and services for registration of trademarks and service marks with the secretary of state, pursuant to the revised Kansas trademark act, shall be the "international schedule of classes of goods and services," as published in 37 C.F.R. 6.1 on July 1, 1997, which is hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1999, ch. 85, § 11; effective Aug. 20, 1999.)

Article 41 Kansas Uniform Electronic Transactions Act

Kan. Admin. Regs. § 7-41-1 Definitions

(a) "Certificate" means a computer-based record or electronic message that at a minimum meets the following conditions:

(1) Identifies the registered certification authority issuing the certificate;

(2) names or identifies a subscriber;

(3) contains the public key of the subscriber;

(4) identifies the period of time during which the certificate is effective; and

(5) is digitally signed by the registered certification authority.

(b) "Certificate policy" means the policy that identifies the applicability of a certificate to particular communities and classes of applications with common security requirements. This term is also known as "CP."

(c) "Certificate revocation list" means a list maintained by a registered certification authority of the certificates the registered certification authority has issued that are revoked before their stated expiration dates. This term is also known as "CRL."

(d) "Certification practice statement" means a statement published by a registered certification authority that specifies the policies or practices that the registered certification authority employs in issuing, publishing, suspending, revoking, and renewing certificates. This term is also known as "CPS."

(e) "Compliance review" means documentation in the form of an information systems audit report verifying that the applicant or registered certification authority has the use of a trustworthy system as defined in subsection (r).

(f) "Identification and authentication" means the process of ascertaining and confirming through appropriate inquiry and investigation the identity of a certificate applicant in compliance with the requirements for certificate security levels specified in the ITEC certificate policy or the CP. This term is also known as "I and A."

(g) "Information technology executive council" means the Kansas information technology executive council, pursuant to K.S.A. 75-7201 et seq. and amendments thereto, and is also known as "ITEC."

(h) "Information technology executive council policy 9200" means the "certificate policy for the state of Kansas public key infrastructure," version 2, including the appendices, approved by the ITEC, amended on April 24, 2008, and hereby adopted by reference. This document applies to state agencies offering or providing the option of using a digital signature to persons with whom the state agencies do business. This term is also known as "ITEC certificate policy."

(i) "Information technology identity management group" means the group that has been delegated authority by the ITEC and is authorized by the ITEC to make day-to-day administrative and fiscal decisions for the public key infrastructure program. This term is also known as "ITIMG."

(j) "Local registration authority" means a person operating under the ITEC certificate policy that has a relationship of trust with a community of potential subscribers and, for that reason, has a contractual relationship with a registration authority to perform duties including accepting applications and conducting identification and authentication for certificate applicants in accordance with the law, the ITEC certificate policy, and the appended agreements. This term is also known as "LRA."

(k) "Local registration authority's trusted partner" means a person operating under the ITEC certificate policy that has a relationship of trust with an LRA and that executes a trusted partner agreement with an LRA, as contained in the appendices to the ITEC certificate policy, in order to secure LRA services for the community of potential subscribers of the local registration authority's trusted partner. This term is also known as "LRA's trusted partner."

(l) "Private key" means the key in a subscriber's key pair that is kept secret and is used to create digital signatures and to decrypt messages or files that were encrypted with the subscriber's corresponding public key.

(m) "Public key" means the key in a subscriber's key pair that can be used by another person to verify digital signatures created by a subscriber's corresponding private key or to encrypt messages or files that the person sends to the subscriber.

(n) "Public key infrastructure" means the architecture, organization, techniques, practices, policy, and procedures that collectively support the implementation and operation of a certificate-based, public key cryptography system. This term is also known as "PKI."

(o) "Registered certification authority" has the meaning specified in K.S.A. 16-1602, and amendments thereto. This term is also known as "registered CA."

(p) "Registration authority" means a person operating under the ITEC certificate policy who has been authenticated by a registered CA, issued a registration authority certificate by the registered CA, approved by the ITEC to process subscriber applications for certificates and, if required by the ITEC certificate policy, to conduct I and A of certificate applicants in accordance with the law, the ITEC certificate policy, and the appended agreements. This term is also known as "RA."

(q) "Subscriber" means a person operating under the ITEC certificate policy who meets the following criteria:

(1) Is the subject of a certificate;

(2) accepts the certificate from a registered certification authority; and

(3) holds the private key that corresponds to the public key listed in that certificate.

(r) "Trustworthy system" means a secure computer system that materially satisfies the most recent common criteria protection profile for commercial security, known as "CSPP—guidance for COTS security protection profiles," published by the U.S. department of commerce in December 1999 and hereby adopted by reference.

(s) "X.509" means the standard published by the international telecommunication union-T (ITU-T) in March 2000 that establishes a model for certificates. This X.509 standard, including annexes A and B, is hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1605 and 16-1618; implementing K.S.A. 16-1605, 16-1617, and 16-1619; effective July 6, 2001; amended Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-2 Original registration; renewal; expiration

(a) Each original registration or renewal registration for a registered certification authority shall expire one year from the date of issuance.

(b) Each renewal application for registration shall be deemed timely if the registered certification authority files a renewal application with the secretary of state within 60 days before the date the original application or renewal application otherwise will expire.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-3 Registration forms

(a) Each person, before performing the duties of a registered certification authority, shall register with the secretary of state on forms prescribed by the secretary of state.

(b) Original applications, renewal applications, and other information may be allowed by the secretary of state to be filed electronically.

(c) Each applicant for registered certification authority shall file the following with the original application or renewal application:

(1) A compliance review with a report date within 90 days of the original application or renewal application date;

(2) a copy of the applicant's certification practice statement and CP;

(3) a nonrefundable original application or renewal application fee of $1,000; and

(4) a good and sufficient surety bond, certificate of insurance, or other evidence of financial security in the amount of $100,000.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-4 Evidence of financial security

The evidence of financial security shall include, in addition to the requirements of K.S.A. 16-1617 and amendments thereto, the following: (a) The identity of the insurer or the financial institution issuing the surety bond, certificate of insurance, or irrevocable letter of credit, including the following information:

(1) The name;

(2) the mailing address;

(3) the physical address; and

(4) the identification, by number or copy of appropriate documentation, of the licensure or approval as a financial institution or as an insurer in this state;

(b) the identity of the registered certification authority on behalf of which the evidence of financial security is issued;

(c) a statement that the evidence of financial security is issued payable to the secretary of state for the benefit of persons holding qualified rights of payment against the registered certification authority named as principal of the surety bond, certificate of insurance, or irrevocable letter of credit;

(d) a statement that the evidence of financial security is issued for filing pursuant to the Kansas uniform electronic transactions act and amendments thereto; and

(e) a statement of term that extends at least as long as the term of the registration to be issued to the registered certification authority.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-5 Certification practice statement

Each registered certification authority shall file with the secretary of state a certification practice statement as required by K.A.R. 7-41-3. The statement shall declare the practices that the registered certification authority uses in issuing, suspending, revoking, and renewing certificates. The statement shall also include the following information: (a) If certificates are issued by security levels, the necessary criteria for each certificate security level, including the methods of certificate applicant identification applicable to each security level;

(b) disclosure of any warnings, liability limitations, warranty disclaimers, and indemnity and hold harmless provisions, if any, upon which the registered certification authority intends to rely;

(c) disclosure of any and all disclaimers and limitations on obligations, losses, or damages, if any, to be asserted by the registered certification authority;

(d) a written description of all representations from the certificate applicant required by the registered certification authority relating to the certificate applicant's responsibility to protect the private key; and

(e) disclosure of any mandatory dispute resolution process, if any, including any choice of forum and choice of law provisions.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-6 Changes to information

Each original applicant or renewal applicant for a registered certification authority shall notify the secretary of state about any change to its CP, CPS, or information contained in its original application or renewal application, as the CP, CPS, or information appears in the secretary of state's files, within 30 days of the effective date of the change.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-7 Recordkeeping and retention of registered certification authority documents

Each registered certification authority shall maintain documentation of compliance with the Kansas uniform electronic transactions act and this article. The documentation shall include evidence demonstrating that the registered certification authority has met the following requirements:

(a) Each registered certification authority shall retain its records of the issuance, acceptance, and any suspension or revocation of a certificate for a period of at least 10 years after the certificate is revoked or expires. The registered certification authority shall retain custody of the records unless it ceases to act as a registered certification authority.

(b) All records subject to this article shall be in the English language.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-10 Procedure upon discontinuance of registered certification authority business

Each registered certification authority that discontinues providing registered certification authority services without making other arrangements for the preservation of the registered certification authority's records shall notify the secretary of state and the subscribers, in writing, of its discontinuance of business.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-11 Recovery against financial security

(a) In order to recover against a registered certification authority's surety bond, certificate of insurance, or other evidence of financial security, the claimant shall meet the following requirements:

(1) File a signed notice of the claim with the secretary of state, providing the following information:

(A) The name and address of the claimant;

(B) the amount claimed;

(D) the date of the occurrence forming the basis of the claim; and

(2) attach to the notice a certified copy of the judgment upon which the qualified right to payment is based, except as provided in subsection (b).

(b) If the notice specified in this regulation is filed before entry of judgment, the notice shall be held on file by the secretary of state, without further action, until the claimant files a copy of the judgment. If the secretary of state determines that the action identified in the notice finally has been resolved without a judgment awarding the claimant a qualified right to payment, the notice may be expunged by the secretary of state from the secretary of state's records. A notice shall not be expunged by the secretary of state until two years have elapsed since the notice first was filed.

(c) A notice for filing shall be rejected by the secretary of state if the date of the occurrence forming the basis for the complaint is more than two years before the filing of the notice.

(d) If the notice and judgment are filed pursuant to paragraphs (a)(1) and (2), a copy of the notice and judgment shall be provided by the secretary of state to the surety, insurer, or issuer of the financial security for qualified right of payment to the claimant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-12 Reciprocity

(a) Any registered certification authority that is licensed, registered, or otherwise under the statutory oversight of a governmental agency, as defined by the Kansas uniform electronic transactions act and amendments thereto, may be registered as a registered certification authority in Kansas if all of the following conditions are met:

(1) The oversight of the governmental agency is equal to or greater than the oversight required pursuant to the Kansas uniform electronic transactions act and amendments thereto and this article.

(2) The registered certification authority submits to the secretary of state a written request for registration and a copy of the license or registration issued by the governmental agency.

(3) The registered certification authority pays the $1,000 application fee.

(b) Each registered certification authority registered pursuant to this regulation shall be exempt from the provisions of K.A.R. 7-41-3(c)(1).

(c) If the information filed pursuant to this regulation is satisfactory to the secretary of state, a registered certification authority may be issued a Kansas reciprocal registration by the secretary of state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1619; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-13 Use of subscriber information

Each registered certification authority shall use subscriber and certificate applicant information only for the purpose of performing the identification and authentication process.

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History

History: (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effective July 6, 2001; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-14 State agency; compliance

Each state agency offering or providing the option of using a digital signature to persons doing business with the state agency shall meet either of the following requirements:

(a)(1) Become an LRA by executing an agreement with the RA, as contained in the appendices to the ITEC certificate policy; and

(2) perform the duties of an LRA in accordance with the ITEC policy and these regulations; or

(b)(1) Become an LRA's trusted partner by executing a trusted partner agreement with an LRA, as contained in the appendices to the ITEC certificate policy; and

(2) perform the duties of an LRA's trusted partner in accordance with the ITEC certificate policy and these regulations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 16-1605; effective Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-15 Registration authority, local registration authority, and local registration authority's trusted partner; compliance

Each RA, LRA, and LRA's trusted partner shall meet the following requirements:

(a) Comply with these regulations and the ITEC certificate policy when administering any certificate or the associated keys; and

(b) ensure that I and A procedures are implemented in compliance with the requirements for certificate security levels specified in the ITEC certificate policy.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 16-1605; effective Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-16 Registration authority, local registration authority, and local registration authority's trusted partner; general responsibilities

(a) Each RA, LRA, and LRA's trusted partner shall perform that party's duties in a manner that meets the following requirements:

(1) Complies with the ITEC certificate policy;

(2) promotes a cooperative relationship with registered CAs; and

(3) uses keys and certificates issued by a registered CA only for authorized purposes.

(b) The primary duties of each RA, LRA, or LRA's trusted partner shall be the following:

(1) The establishment of a trustworthy environment and procedure for certificate applicants to submit applications;

(2) the I and A of each person applying for a certificate or requesting a certificate renewal or a certificate update in compliance with the requirements for certificate security levels specified in the ITEC certificate policy;

(3) the approval or rejection of certificate applications; and

(4) the revocation of certificates at the request of the subscriber or other authorized persons or upon the initiative of the RA, LRA, or LRA's trusted partner.

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History

History: (Authorized by and implementing K.S.A. 16-1605; effective Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-17 Registration authority, local registration authority, and local registration authority's trusted partner; certification

Each RA, LRA, and LRA's trusted partner shall certify on a form prescribed by the ITIMG that the RA, LRA, or LRA's trusted partner has secured an individual subscriber application from a certificate applicant and authenticated the certificate applicant's identity in compliance with the requirements for certificate security levels specified in the ITEC certificate policy when submitting certificate applicant information to an LRA, the RA, or a registered CA.

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History

History: (Authorized by and implementing K.S.A. 16-1605; effective Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-30 Identification and authentication; certificate security levels

Each RA, LRA, and LRA's trusted partner shall ensure that the applicable requirements for certificate security levels specified in the ITEC certificate policy are met when conducting the I and A of a certificate applicant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 16-1605; effective Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-32 Agreements; registration authority; local registration authority; local registration authority's trusted partner; certificate applicant

Each RA, LRA, LRA's trusted partner, and certificate applicant shall execute the agreements contained in the appendices of the ITEC certificate policy when contracting for certificate services. The agreements shall be executed before the issuance, administration, or use of the certificates.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 16-1605; effective Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-33 Picture identification credentials

Each facial image identification required by an RA, LRA, or LRA's trusted partner for the purpose of I and A shall meet the minimum acceptable standards used in the identification credentials specified in the ITEC certificate policy for certificate security levels.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 16-1605; effective Aug. 19, 2005; amended March 6, 2009.)

Kan. Admin. Regs. § 7-41-34 Certificate; format and name

Each certificate issued by a registered CA for use by a state agency pursuant to K.S.A. 16-1605, and amendments thereto, shall be in the X.509 format and contain a distinguished name in compliance with the ITEC certificate policy.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 16-1605; effective March 6, 2009.)

Kan. Admin. Regs. § 7-41-35 Registered certification authority; ITEC certificate policy

Each person who performs the duties of a registered certification authority and issues certificates used by a state agency pursuant to K.S.A. 16-1605, and amendments thereto, shall comply with the ITEC certificate policy.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 16-1605 and 16-1618; implementing K.S.A. 16-1605 and 16-1617; effective March 6, 2009.)

Article 42 Charitable Organizations

Kan. Admin. Regs. § 7-42-1 Charitable organizations; registration

(a) Any charitable organization required to register with the secretary of state may use the unified registration statement (URS) prescribed by the multi-state filer project in lieu of the secretary of state's registration form. The URS shall include all information required by K.S.A. 17-1763, and amendments thereto.

(b) Each charitable organization that provides copies of its income tax returns to the secretary of state shall include only those sections of the returns that are open for public inspection and shall not include any list of contributor names.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 17-1763; effective Sept. 30, 2005.)

Kan. Admin. Regs. § 7-42-2 Professional fund raisers; registration

(a) Each professional fund raiser that purposefully directs its fund raising efforts to citizens of this state shall register with the secretary of state. The application for registration shall include the following information:

(1) The legal name and any other names used by the professional fund raiser;

(2) the address of the professional fund raiser's principal place of business;

(3) the address, if any, of the professional fund raiser's office or location in the state of Kansas;

(4) the type of organization: sole proprietorship, corporation, partnership, or other business entity;

(5) the names and addresses of the officers, directors, partners, members, or other persons holding management positions; and

(6) the names of any other states where the professional fund raiser is registered for charitable solicitations.

(b) The professional fund raiser shall attach an operating statement for each charitable organization for which the fund raiser solicits. The operating statement shall provide the name and address of the charitable organization and specify the actual or expected dates on which fund raising activity will be conducted for the charitable organization.

(c) If the professional fund raiser is employed or otherwise engaged by a charitable organization for fund raising after the professional fund raiser has filed its annual registration, the professional fund raiser shall file an operating statement for that charitable organization before beginning its fund raising activity for that charitable organization.

(d) The professional fund raiser shall sign the application under penalty of perjury.

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History

History: (Authorized by K.S.A. 17-1763; implementing K.S.A. 2004 Supp. 17-1764; effective Sept. 30, 2005.)

Kan. Admin. Regs. § 7-42-3 Professional fund raisers; annual report

(a) Each professional fund raiser shall file an annual report with the secretary of state on or before July 31 each year, reflecting the professional fund raiser's solicitation activities that occurred on and after July 1 of the previous year through the following June 30. The annual report of each professional fund raiser shall provide the following information:

(1) The legal name and any other names used by the professional fund raiser;

(2) the address of the professional fund raiser's principal place of business;

(3) the name and address of each charitable organization for which the professional fund raiser solicited funds;

(4) a description of the fund raising methods used by the professional fund raiser;

(5) the name, address, and registration number of each professional solicitor employed by the professional fund raiser and the name of each charitable organization for which the professional solicitor solicited; and

(6) financial information on each charitable organization for which the professional fund raiser solicited, including the following:

(A) The gross receipts received for each charitable organization;

(B) the itemized expenses of the professional fund raiser;

(D) the net proceeds given to the charitable organization; and

(E) the fees or profits given to the professional fund raiser.

(b) An authorized agent of the professional fund raiser shall sign the annual report under penalty of perjury.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 17-1763; implementing K.S.A. 2004 Supp. 17-1764; effective Sept. 30, 2005.)

Kan. Admin. Regs. § 7-42-4 Professional solicitors; registration

(a) Each application for registration as a professional solicitor shall provide the following information:

(1) The name and address of the professional solicitor;

(2) the name and address of the employing professional fund raiser; and

(3) a statement that the professional solicitor agrees to abide by the disclosure requirements of K.S.A. 17-1766, and amendments thereto.

(b) The professional solicitor and the professional fund raiser shall sign the application under penalty of perjury.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 17-1763; implementing K.S.A. 17-1765; effective Sept. 30, 2005.)

Kan. Admin. Regs. § 7-42-5 Changes to registration

Each registered charitable organization, professional fund raiser, and professional solicitor shall notify the secretary of state in writing of any material change in the registration that occurs after filing the registration. Each notice of change shall be filed within 30 days after the change occurs.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 17-1763; implementing K.S.A. 17-1763, K.S.A. 2004 Supp. 17-1764, and K.S.A. 17-1765; effective Sept. 30, 2005.)

Article 43 Notaries Public

Kan. Admin. Regs. § 7-43-7 Definitions

For purposes of this article of the secretary's regulations, each of the following terms shall have the meaning specified in this regulation: (a) "Digital certificate" has the meaning specified for "certificate" in K.A.R. 7-41-1.

(b) "Notarial certificate" means the certificate evidencing the performance of a notarial act.

(d) "Sole control" means being in the direct physical custody of the notary public or safeguarded by the notary public with a password or other secure means of authentication.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2022 Supp. 53-5a27; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-8 Notary public authorization with respect to notarial acts for electronic records and for remotely located individuals

(a) Any notary public at any time during the notary public's commission may notify the secretary that the notary public intends to perform notarizations of electronic records or for remotely located individuals. The notification shall be provided on forms prescribed by the secretary along with the fee specified in K.A.R. 7-43-11.

(b) Upon the notification and receipt of the required fee, an authorization reflecting the notification to perform notarial acts on electronic records or for remotely located individuals shall be provided by the secretary.

(c) The authorization to perform notarial acts on electronic records or for remotely located individuals shall be concurrent with, and shall expire on the same date as, the notary public's commission.

(d) Any notary public who is authorized to perform notarial acts on electronic records or for remotely located individuals may terminate the authorization at any time during the notary public's commission by submitting to the secretary a form prescribed by the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a15, 53-5a21, and 53-5a22; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-9 Course of study and examination

(a) Each notary public who provides notification to the secretary that the individual intends to perform notarizations of electronic records or notarizations for remotely located individuals shall complete a course of study approved by the secretary and shall be required to pass an examination approved by the secretary with at least a minimum score that is specified at the beginning of the examination. Any notary public may take the examination as many times as needed to achieve a passing score.

(b) Each notary public shall provide the secretary with proof of successful completion of the examination as part of the notification to perform notarial acts on electronic records or for remotely located individuals.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 53-5a27; implementing K.S.A. 2021 Supp. 53-5a23; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022.)

Kan. Admin. Regs. § 7-43-10 Surety bond

Each surety bond for a notary public shall be a commercial surety bond from an insurance company licensed to do business in Kansas. The surety bond shall be written for a term of four years, covering the dates of the notary public's commission.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 53-5a27; implementing K.S.A. 2021 Supp. 53-5a22; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022.)

Kan. Admin. Regs. § 7-43-11 Fees to perform notarial acts with respect to electronic records and for remotely located individuals

(a) Each applicant or notary public who provides notification to the secretary that the individual intends to perform notarial acts with respect to electronic records shall pay an information and services fee of $20.

(b) Each applicant or notary public who provides notification to the secretary that the individual intends to perform notarial acts for remotely located individuals shall pay an information and services fee of $20.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 53-5a27; implementing K.S.A. 2021 Supp. 53-5a15 and 53-5a21; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022.)

Kan. Admin. Regs. § 7-43-12 Renewal of notary public commission

(a) Any notary public commission may be renewed in the manner and on the form used to file an initial application for a notary commission, along with payment of the prescribed fees.

(b) Any application for renewal of a notary public commission may be submitted to the secretary no sooner than 90 days before the expiration of the notary public's commission. Upon the receipt of a completed application and approval by the secretary, a notary commission shall be issued to the applicant.

(c) After the secretary approves the notary public commission renewal, if the notary public intends to continue performing notarial acts on electronic records or for remotely located individuals, the notary public shall submit a notification and the fee pursuant to K.A.R. 7-43-11.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a22; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-13 Stamping device; official stamp for a tangible record

(a) Each notary public's stamping device shall be retained under the notary public's sole control. Each notary public who obtains a new stamping device for use on a tangible record shall destroy or render unusable any previous stamping device, if the previous stamping device will no longer be used. Nothing in this subsection shall be construed to prohibit a notary public from using multiple stamping devices. When replacing a stamping device that has been lost or stolen, the notary public shall use a different style of official stamp to ensure that the new official stamp looks different from the prior official stamp.

(b) In addition to the requirements of state law, each notary public's official stamp for a tangible record shall provide a space for the notary public to record the notary public's commission expiration date.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a18 and 53-5a19; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-14 Official stamp for an electronic record

(a) Any notary public shall affix an official stamp to a notarial certificate that is affixed to or logically associated with the electronic record.

(b) When affixed to an electronic record, the official stamp on a notarial certificate shall be clear, legible, and photographically reproducible. An official stamp shall not be required to be within a minimum or maximum size when photographically reproduced on an electronic record. Each official stamp used shall include the following:

(1) The notary public's name exactly as indicated on the notary public's commission;

(2) the words "State of Kansas" and "Notary Public;"

(3) the notary public's commission number; and

(4) the date of expiration of the notary public's commission.

(c) Each notary public's stamping device shall be retained under the notary public's sole control. A notary public shall not disclose any access information used to affix the notary public's electronic signature or official stamp to electronic records, except when required by a court order or subpoena.

(d) Each notary public shall promptly notify the secretary on actual knowledge of the theft, vandalism, or unauthorized use by another person of the notary public's stamping device.

(e) When a notary public resigns a commission or a notary public's commission is revoked, the notary public shall request the provider of the notary public's digital certificate to revoke the digital certificate and provide evidence of the revocation to the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a16, 53-5a18, and 53-5a19; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-15 Notary public's journal

(a) Each notary public shall retain that notary public's records of notarial acts in a journal under the notary public's sole control.

(b) Each notary public's records of notarial acts shall be capable of being produced in a tangible medium when requested.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a20; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-16 Fee for performing a notarial act

(a) Any notary public may charge a fee for performing a notarial act with respect to a tangible record or an electronic record or a notarial act for a remotely located individual. If the notary public charges a fee, the notary public shall ensure that all the following requirements are met:

(1) The fee shall be disclosed to the signer and agreed to by the signer before the notarial act is performed.

(2) The fee shall be collected when the notarial act is performed.

(3) The fee shall be recorded in the notary public's journal.

(b) The notary public shall disclose to the signer that the fee is permitted but is not required by state law or regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 53-5a27; implementing K.S.A. 2021 Supp. 53-5a20; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022.)

Kan. Admin. Regs. § 7-43-17 Short form notarial certificates; statement for notarial act for a remotely located individual

(a) The following short form notarial certificates shall be sufficient for the purposes indicated, if completed in conformance with the procedures required for a notarial act:

(1) For an acknowledgment in an individual capacity:

"State of ________________________________________

County of ______________________________________

This record was acknowledged before me on

Signature of notarial officer

[Official Stamp]

Title of office

My commission expires: _________"

(2) For an acknowledgment in a representative capacity:

"State of _________________________________________

County of _______________________________________

This record was acknowledged before me on

as [type of authority, such as officer or trustee] of [name of party on behalf of whom record was executed].

Signature of notarial officer

[Official Stamp]

Title of office

My commission expires: _________"

(3) For a verification on oath or affirmation:

"State of _________________________________________

County of _______________________________________

Signed and sworn to (or affirmed) before me on

Signature of notarial officer

[Official Stamp]

Title of office

My commission expires: _________"

(4) For witnessing or attesting a signature:

"State of _________________________________________

County of _______________________________________

Signed (or attested) before me on

Signature of notarial officer

[Official Stamp]

Title of office

My commission expires: _________"

(5) For certifying a copy of a record:

"State of _________________________________________

County of _______________________________________

I certify that this is a true and correct copy of a record in the possession

of ________________________________________. Dated ___________________________

Signature of notarial officer

[Official Stamp]

Title of office

My commission expires: _________"

(6) For power of attorney in a representative capacity:

"State of _________________________________________

County of _______________________________________

This instrument was signed before me on

as power of attorney of

Signature of notarial officer

[Official Stamp]

Title of office

My commission expires: _________"

(b) When a notary public performs a notarial act for a remotely located individual, the notarial certificate shall contain a statement substantially as follows: "This notarial act involved the use of audiovisual communication technology."

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________ | by | ______________________________ Date | | Name(s) of person(s)

________ | by | ______________________________ Date | | Name(s) of person(s) making statement

________ | by | ______________________________ Date | | Name(s) of person(s)

________ | by | ______________________________ Date | | Name(s) of designee(s)

name of party on behalf of whom instrument was executed.

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a17; implementing K.S.A. 2022 Supp. 53-5a15 and 53-5a17; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-18 Standards for identity verification of a remotely located individual

(a) If a notary public does not have personal knowledge of a remotely located individual pursuant to K.S.A. 2022 Supp. 53-5a07(a) or satisfactory evidence of the identity of a remotely located individual pursuant to K.S.A. 2022 Supp. 53-5a07(b)(2) and amendments thereto, the notary public shall obtain satisfactory evidence of the identity of the remotely located individual through a multifactor authentication procedure as follows:

(1) Analyze the identification credential presented by the remotely located individual against trusted third-person data sources using a process that shall, at a minimum, meet the following requirements:

(A) Use public or private data sources to confirm the validity of the identification credential;

(B) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;

(C) require that the identification credential pass an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features; confirm that the identification credential is not fraudulent or inappropriately modified; and provide the results of the authenticity test to the notary public; and

(D) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and

(2) verify the remotely located individual's identity by requiring the individual to answer a quiz consisting of at least five questions related to the individual's personal history or identity and formulated from public or private data sources, as follows:

(A) The quiz shall meet the following requirements:

(i) Each question shall have at least five possible answer choices;

(ii) at least 80 percent of the questions shall be answered correctly; and

(iii) all questions shall be answered within two minutes;

(B) if the remotely located individual fails to answer at least 80 percent of the questions correctly on the first attempt, the individual may retake the quiz one time within 24 hours. During a retake of the quiz, at least 40 percent of the prior questions shall be replaced;

(C) if the remotely located individual fails the second attempt, the individual shall not be allowed to retake the quiz with the same notary public within 24 hours of the second failed attempt; and

(D) the notary public shall not be able to see or record the questions or answers. However, the results indicating passage or failure of the quiz shall be provided to the notary public.

(3) The notary public shall compare for consistency the information and photo on the identification credential presented by the remotely located individual with the remotely located individual when viewed by the notary public in real time through communication technology. The image resolution of the communication technology being used shall be sufficient to enable visual inspection by the notary public, including legible text and the clarity of identification credential features.

(b) Any notary public may obtain satisfactory evidence of the identity of a remotely located individual by oath or affirmation of a credible witness by means of one of the following:

(1) Having personal knowledge of the identity of the credible witness by the notary public;

(2) presenting an identification credential to the notary public, as required by K.S.A. 2022 Supp. 53-5a07(b)(2) and amendments thereto, if the credible witness is in the same location as the notary public; or

(3) utilizing the multifactor authentication procedure required by this regulation for verifying the identity of a remotely located individual and visually inspecting the identification credential presented by the credible witness if the witness is not in the same location as the notary public.

(d) If a remotely located individual must exit the notarization session at any point, the notary public shall reverify the identity of the remotely located individual as required by this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a15; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-19 Security of records bearing a notarial certificate

(a) For each tangible record, the notary public shall affix the notarial certificate directly on the record to be notarized, except as provided in this subsection.

(b) If a notarial certificate cannot be affixed to a record to be notarized because the record lacks adequate space for a notarial certificate, the notary public shall:

(1) provide the notarial certificate on a separate page and attach the notarial certificate to the record by staple or other secure method so that the removal of the record or notarial certificate is discernible; and

(2) include in the notarial certificate a description of the record to which the notarial certificate is attached.

(c) For each electronic record, the notary public shall attach or logically associate the notary public's electronic signature by use of a digital certificate to a notarial certificate that is affixed to or logically associated with the electronic record that is the subject of a notarial act.

(d) The notary public's digital certificate shall have tamper-evident technology meeting the following requirements:

(1) Be attributed or uniquely linked to the notary public;

(2) be capable of independent verification;

(3) be retained under the notary public's sole control; and

(4) be attached to or logically associated with the electronic record to which it relates in such a manner that any subsequent change of the electronic record is detectable.

(e) A notary public shall not perform a notarial act with respect to an electronic record if the digital certificate meets any of the following conditions:

(1) Has expired;

(2) has been revoked or terminated by the issuing or registering authority;

(3) is invalid; or

(4) is incapable of authentication.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a16, 53-5a18, and 53-5a27; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-20 Notarial acts for remotely located individuals

(a) Any notary public may perform notarial acts for remotely located individuals only after being authorized as a notary public and notifying the secretary that the notary public will be performing notarial acts for remotely located individuals.

(b) A notary public shall not perform a notarial act for a remotely located individual if the notary public is not physically located in Kansas at the time of the notarization.

(c) Upon performing a notarial act for a remotely located individual, the notary public shall electronically attach a notarial certificate to the document being notarized. Each notarial certificate for a notarial act for a remotely located individual shall meet the following requirements:

(1) State the name of the remotely located individual;

(2) provide the date the notarial act occurred;

(3) identify the state and county in which the notarial act was performed;

(4) include a description of the type of notarial act performed, which shall be sufficient if the description is substantially similar to a short form specified in K.A.R. 7-43-17;

(5) include a statement regarding the use of communication technology as specified in K.A.R. 7-43-17; and

(6) contain the notary public's official stamp that is attached to the record and signed by the notary public with the notary public's digital certificate.

(d) Each notary public who performs a notarial act for a remotely located individual shall maintain an audiovisual recording of all notarial acts in addition to a journal of notarial acts that contains the entries required under K.S.A. 2022 Supp. 53-5a20(c), and amendments thereto. The audiovisual recording shall include the following, at a minimum:

(1) Confirmation by the notary public that the individual has successfully completed identity proofing and credential analysis;

(2) visual confirmation of the identity of the individual through visual inspection of the credential used during credential analysis; and

(3) the actual notarial act performed.

(e) Each notary public shall attach that individual's electronic signature to the notarial certificate on an electronic record in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record tamper-evident.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a15, 53-5a16, and 53-5a21; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-21 Notarial acts for a remotely located individual; communication technology standards

(a) The communication technology standards for notarial acts performed for remotely located individuals shall meet the following requirements, and the provider shall submit evidence of compliance to the secretary under penalty of perjury:

(1) Provide for continuous, synchronous audiovisual feeds of sufficient video resolution and audio clarity to enable the notary public and the remotely located individual to see and speak with each other;

(2) provide a means for the notary public reasonably to confirm that the electronic record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature;

(3) utilize a means of authentication that reasonably ensures that only the proper parties have access to the audiovisual recording;

(4) be capable of securely creating and storing or transmitting securely to be stored the recording of the audiovisual communication;

(5) keep confidential the questions asked as part of any identity proofing quiz and the means and methods used to generate the results of the credential analysis; and

(6) provide reasonable security measures to prevent unauthorized access to the following:

(A) The live transmission of the audiovisual communication;

(B) the recording of the audiovisual communication; and

(b) A notary public shall not be prohibited from receiving, installing, or using a hardware or software update to the technologies that the notary public identified in a notification form to perform notarial acts for remotely located individuals if the hardware or software update is not materially different from the technologies that the notary public identified on the notification form to perform notarial acts for remotely located individuals. If the provider of the technology notifies the notary public that the hardware or software update is materially different, the notary public shall notify the secretary of the updated technology.

(c) All communication technology that is verified by the provider of the communication technology under penalty of perjury as meeting the requirements in this regulation shall be approved by the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 53-5a27; implementing K.S.A. 2021 Supp. 53-5a15; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022.)

Kan. Admin. Regs. § 7-43-22 Notarial acts for remotely located individuals; providers of communication technology

(a)(1) Any notary public authorized to perform notarial acts for remotely located individuals may use a provider of communication technology and identity proofing if the provider has submitted evidence under penalty of perjury to the secretary and to the notary public that the provider meets the requirements in K.A.R. 7-43-18 and 7-43-19(b), in addition to the following:

(A) Allowing the notary public sole control of the journal entry and audiovisual recording of the notarial act using audiovisual communication, subject to the authorized access granted by the notary public; and

(B) providing the notary public with access to the journal entry and audiovisual recording of the notarial act using audiovisual communication technology.

(2) The provider shall make and retain a secure backup of any audiovisual recording that is related to a notarial act for a remotely located individual.

(A) If the provider of communication technology and the provider of the backup are the same entity and the provider ceases business operations, the provider shall notify the notary public in advance of the cessation of business operations and, at the notary public's request, shall release any audiovisual recording related to a notarial act performed for a remotely located individual by the notary public.

(B) If the provider of communication technology and the provider of the backup are separate entities, the provider of communication technology shall sign an agreement with the provider of the backup that includes both of the following requirements:

(i) If the provider of communication technology or the provider of the backup ceases business operations, the entity ceasing business operations shall notify the other entity and the notary public in advance of the cessation of business operations.

(ii) At the notary public's request, the provider of the backup shall release to the notary public any audiovisual recording related to a notarial act for a remotely located individual performed by the notary public.

(b) Each provider of communication technology shall protect from unauthorized access the audiovisual recording of each notarial act and any "personal information," as defined in K.S.A. 50-7a01 and amendments thereto, disclosed during the performance of a notarial act using communication technology. The audiovisual recording shall be created in an industry-standard file format and shall not include images of any electronic record on which the remotely located individual made a statement or on which the remotely located individual executed a signature.

(c) Each notary public shall take reasonable steps to ensure that the communication technology used to perform a notarial act for a remotely located individual is secure from unauthorized interception.

(d) Any provider of communication technology may provide a hardware or software update to the technologies that the notary public identified in the notification form to perform notarial acts for remotely located individuals if the hardware or software update is not materially different from the technologies that the notary public identified on the notification form to perform notarial acts for remotely located individuals. The provider of communication technology shall offer an assurance to the notary public that the update does not represent a material difference from the technology that the notary public identified on the notification form provided to the secretary. If the provider of the technology notifies the notary public that the hardware or software update is materially different from the hardware or software identified on the notification form to perform notarial acts for remotely located individuals provided to the secretary, the notary public shall update the technology information with the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a15; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; amended Dec. 29, 2023.)

Kan. Admin. Regs. § 7-43-23 Record retention and repositories

(a) Each journal shall be retained for at least 10 years after the last notarial act chronicled in the journal. Each audiovisual recording shall be retained for at least 10 years after the recording is made.

(b) Each notary public who maintains a notary public journal in an electronic format shall meet the following requirements:

(1) Retain the journal and any audiovisual recordings in a way that protects the journal and recordings against unauthorized access by means of a password or other secure means; and

(2) take reasonable steps to ensure that a backup of the journal and audiovisual recordings exists and is secure from unauthorized use.

(c) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of a journal or an audiovisual recording shall perform one of the following:

(1) Comply with the retention requirements of this regulation;

(2) transmit each journal and audiovisual recording to one or more repositories under subsection (d); or

(3) transmit each journal and audiovisual recording in an industry-standard readable data storage device to the secretary.

(d) A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third party to act as a repository to provide the storage required by this regulation if a third party has verified to the secretary under penalty of perjury that the party meets the requirements specified in this regulation. The contract shall meet either of the following requirements:

(1) Enable the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this regulation even if the contract is terminated; or

(2) provide that the information will be transferred to the notary public, the guardian, conservator, or agent of the notary public, the personal representative of the deceased notary public, or the secretary if the contract is terminated.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 53-5a27; implementing K.S.A. 2021 Supp. 53-5a15 and 53-5a20; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022.)

Kan. Admin. Regs. § 7-43-24 Alleged complaints and errors by notaries public

(a)(1) Any person may file a complaint, in writing, against a notary public with the secretary.

(2) Each filed written complaint shall be reviewed by the secretary to determine the validity of the complaint. If the secretary determines the complaint to be valid, written notification outlining the complaint and providing the notary public with 30 days from the date of the notification to respond shall be provided by the secretary to the notary public. If the secretary identifies an error in a notarization submitted to the secretary's office, written notification outlining the error and providing the notary public with 30 days from the date of the notification to respond shall be provided by the secretary to the notary public.

(3) Each response provided by a notary public shall be reviewed by the secretary before any action is taken regarding the notary public's commission. Written notification shall be provided by the secretary to the notary public, stating any action taken regarding the notary public's commission as the result of a complaint received or error identified by the secretary.

(b) If the secretary suspends a notary public's commission, the notary public shall, within 30 days before the end of the suspension, notify the secretary of any changes to the notary public's commission that occurred during the suspension period. Failure to comply with this requirement may result in revocation of the notary public's commission.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 53-5a27; implementing K.S.A. 2021 Supp. 53-5a24; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022.)

Article 44 Address Confidentiality Program

Kan. Admin. Regs. § 7-44-1 Definitions

As used in this article, the following terms shall have the meanings specified in this regulation:

(a) "Chief law enforcement officer" means the official head of a federal, state, or local law enforcement agency.

(b) "Commercial package" means a box or other container shipped from a merchant to a program participant.

(c) "Enrolling assistant" means an individual who processes address confidentiality program applications on behalf of an enrolling agent.

(d) "Law enforcement agency" means the federal bureau of investigation, the office of the Kansas attorney general, the Kansas bureau of investigation, or any Kansas police department or sheriff's department.

(e) "Local agency" means any department, board, commission, officer, court, or authority of a county, city, township, school district, or other tax-supported governmental subdivision of the state.

(f) "Official government mail" means mail sent from the federal government, a state or local agency or court, or any other tax-supported governmental subdivision.

(g) "State agency" means any state district court or any department, board, commission, or authority of the executive branch of state government.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2006 Supp. 75-456; effective, T-7-1-1-07, Jan. 1, 2007; effective May 4, 2007.)

Kan. Admin. Regs. § 7-44-2 Enrolling agent registration

(a) Each enrolling agent, as defined in K.S.A. 75-452(f) and amendments thereto, shall register with the secretary of state by providing the following information on a form prescribed by the secretary of state:

(1) The name of the state agency or local agency, law enforcement office, nonprofit agency, or other person that will serve as the enrolling agent;

(2) the names of the enrolling assistants who work or volunteer for the enrolling agent;

(3) the address and other contact information for the enrolling agent and, if different, for each enrolling assistant;

(4) a statement that program applications and copies of these applications will not be kept by the enrolling agent;

(5) a statement that any information collected, maintained, or shared in the address confidentiality program will remain confidential; and

(6) the signature of the enrolling agent under penalty of perjury asserting that all information on the registration form is true.

(b) If any information on the registration form changes, the enrolling agent shall provide the corrected information to the secretary of state within 30 days of the change.

(c) The registration of any enrolling agent may be revoked by the secretary of state for failure to meet the requirements of any statute or regulation pertaining to the address confidentiality program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2006 Supp. 75-456; implementing K.S.A. 2006 Supp. 75-458; effective, T-7-1-1-07, Jan. 1, 2007; effective May 4, 2007.)

Kan. Admin. Regs. § 7-44-3 Enrolling assistant training

Each enrolling assistant identified on an enrolling agent's registration shall complete the training provided by the secretary of state within 60 days of the filing date of the enrolling agent's registration. Any enrolling assistant may be required to obtain additional training as prescribed by the secretary of state to administer the address confidentiality program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2006 Supp. 75-456; implementing K.S.A. 2006 Supp. 75-458; effective, T-7-1-1-07, Jan. 1, 2007; effective May 4, 2007.)

Kan. Admin. Regs. § 7-44-4 Information released to law enforcement agencies

(a) Each law enforcement agency seeking the release of any record or information in a program participant's file shall submit a written request on the agency's letterhead. Each request shall include the following:

(1) The date of the request;

(2) the specific record or information requested;

(3) the name of the program participant; and

(4) the signature of the agency's chief law enforcement officer.

(b) After verification by the secretary of state with the agency's chief law enforcement officer that the request received is a bona fide request from the chief law enforcement officer, the record or information requested shall be released by the secretary of state to the chief law enforcement officer or that person's designee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2006 Supp. 75-456 and 75-457; implementing K.S.A. 2006 Supp. 75-457; effective, T-7-1-1-07, Jan. 1, 2007; effective May 4, 2007.)

Kan. Admin. Regs. § 7-44-5 Forwardable mail

The mail forwarded by the secretary of state to each program participant, as defined in K.S.A. 75-452(e) and amendments thereto, shall be forwarded to the program participant at a Kansas address and shall include first-class mail pursuant to K.S.A. 75-455(c), and amendments thereto, and all official government mail. Commercial packages shall not be forwarded by the secretary of state to any program participant, unless the secretary of state approves the forwarding of this mail for good cause.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2006 Supp. 75-455 and 75-456; implementing K.S.A. 2006 Supp. 75-455; effective, T-7-1-1-07, Jan. 1, 2007; effective May 4, 2007.)

Kan. Admin. Regs. § 7-44-6 Renewal and cancellation of certification

(a) Any program participant may renew the participant's program certification for an additional four years by filing an application with the secretary of state through an enrolling agent pursuant to K.S.A. 75-453, and amendments thereto, within 30 days before the date on which the participant's program certification will expire.

(b) Any program participant may cancel the participant's program certification by filing a letter of cancellation with the secretary of state through an enrolling agent.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2006 Supp. 75-453 and 75-456; effective, T-7-1-1-07, Jan. 1, 2007; effective May 4, 2007.)

Kan. Admin. Regs. § 7-44-7 Voting process

(a) When initially processing an application for participation in the address confidentiality program, each enrolling assistant shall offer a voter registration form to the applicant. If the applicant chooses to complete the voter registration form, the enrolling agent shall forward the form to the secretary of state with the address confidentiality program application.

(b) Each voter registration form shall be reviewed by the secretary of state. If the applicant is approved as a program participant and the applicant's voter registration is approved, the applicant shall be added as a permanent advance voter to a database that is separate from the centralized voter registration system. If the applicant is not approved as a program participant, the applicant shall be contacted by the secretary of state in order to determine whether the applicant's voter registration should be processed and entered into the centralized voter registration database.

(c) Advance ballots for all elections in which any program participant may lawfully participate shall be sent from the secretary of state to the program participant. County election officials shall provide the correct ballot to the secretary of state for program participants.

(d) Each program participant shall return that participant's voted ballot to the secretary of state, who shall determine whether the ballot was lawfully cast and entitled to be canvassed. The ballot shall be forwarded by the secretary of state to the county election official with notice as to whether the ballot is legally entitled to be canvassed.

(e) Each program participant's confidential address and right to a secret ballot shall be preserved throughout the voting process.

(f) If the program participant's certification in the program expires and the participant does not renew the certification, the participant shall be notified by the secretary of state that the participant's voter registration record will be moved to the centralized voter registration database on the thirty-first day after the program certification expires. If a program participant cancels that participant's voter registration before the deadline specified in this subsection, the participant's voter registration shall not be transferred to the centralized voter registration database.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2006 Supp. 75-456; effective, T-7-1-1-07, Jan. 1, 2007; effective May 4, 2007.)

Article 45 Election Board Workers

Kan. Admin. Regs. § 7-45-1 Modified shifts for election board workers

If a county election officer chooses to allow the election board workers at a specified polling place to work at the polling place for less than the entire number of hours designated as polling hours, the county election officer shall assign the election board workers according to the following requirements:

(a) The hours each election board worker is assigned to work shall be continuous, with one starting time and one stopping time, and shall, to the extent practicable, constitute one-half the total number of hours the polls are open.

(b) The election board workers working together at any one time shall not all be affiliated with the same political party, to the extent practicable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 25-2810; effective July 7, 2008.)

Kan. Admin. Regs. § 7-45-2 Oversight of authorized poll agents

(a) The supervising judge shall instruct each authorized poll agent appointed to the polling place of all requirements pertaining to authorized poll agents that are issued by the county election officer or given in Kansas law.

(b) If a poll agent does not comply with the requirements, any election board worker may ask the poll agent to correct or cease the improper or illegal activity or to leave the polling place. This activity shall be reported to the county election officer.

(c) The election board workers shall ensure that the poll agents do not engage in any activities that would constitute election crimes, including the following:

(1) Electioneering, as defined in K.S.A. 25-2430 and amendments thereto;

(2) voter intimidation, as defined in K.S.A. 25-2415 and amendments thereto;

(3) disorderly election conduct, as defined in K.S.A. 25-2413 and amendments thereto;

(4) unauthorized voting disclosure, as defined in K.S.A. 25-2422 and amendments thereto; and

(5) voting machine fraud, as defined in K.S.A. 25-2425 and amendments thereto.

(d) The election board workers shall prevent the poll agents from performing the following:

(1) Touching or handling any voter's ballot during the voting process;

(2) distributing ballots or counting ballots;

(3) hindering or obstructing any voter from voting or from entering and leaving the polling place;

(4) hindering or obstructing any election board worker from performing election duties; and

(5) speaking to any voter in the polling place other than a greeting.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 25-3005; effective July 7, 2008; amended April 21, 2023.)

Article 46 Photographic Identification Requirements

Kan. Admin. Regs. § 7-46-1 Postelection submission of photographic identification by provisional voter

(a) Any voter who has cast a provisional ballot due to a failure or refusal to provide a valid photographic identification document at the time of voting may submit a valid photographic identification document by mail, in person, or by electronic means to the county election office in the county where the voter is registered to vote. "Electronic means" shall include facsimile, electronic mail, and any other electronic means approved by the secretary of state.

(b) If the voter submits a valid photographic identification document to the county election office before the county board of canvassers convenes, the county election officer shall present the document to the board of canvassers to determine the validity of the provisional ballot. If the board of canvassers determines the photographic identification document to be valid and the provisional ballot is not determined to be invalid for any other reason, the ballot shall be counted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2010 Supp. 25-1122, as amended by L. 2011, ch. 56, sec. 2, and K.S.A. 2010 Supp. 25-2908, as amended by L. 2011, ch. 56, sec. 11; effective Feb. 24, 2012.)

Kan. Admin. Regs. § 7-46-2 Election board worker assessment of validity of photographic identification documents

(a) Each election board worker to whom a photographic identification document is presented by a voter shall assess the sufficiency and validity of that document as follows:

(1) The election board worker shall perform the following:

(A) Verify that the name on the photographic identification document is consistent with the name on the poll book;

(B) allow for abbreviations and nicknames, including "Wm." or "Bill" for "William";

(D) if the voter's name is different from the name in the poll book or the name as stated by the voter due to marriage, divorce, hyphenation, or legal action, issue the voter a provisional ballot on the condition that the voter first completes an application for voter registration.

(2) The election board worker shall compare the photograph to the voter to determine whether the voter is the person depicted in the photograph, considering hair color, glasses, facial hair, cosmetics, weight, age, injury to the voter, and other physical characteristics.

(A) If the election board worker is satisfied that the voter is the person depicted in the photographic identification document and the voter's name is consistent with the name in the poll book, then the election board worker shall issue the voter a regular ballot.

(B) If the election board worker is unable to determine whether the voter is the person depicted in the photographic identification document because of degradation or insufficient photograph quality, then the election board worker shall issue a regular ballot to the voter if one of the following conditions is met:

(i) The voter's date of birth on the presented photographic identification document matches the voter's date of birth in the poll book.

(ii) The voter submits a different photographic identification document that contains a photograph that appears to the election board worker to depict the voter.

(iii) An election board worker at the polling place possesses knowledge that the person depicted in the photographic identification document is the voter.

(3) If the election board worker determines that the photographic identification document does not depict the voter, then the election board worker shall issue a provisional ballot unless the voter submits a different photographic identification document that contains a photograph that appears to the election board worker to depict the voter.

(b) The photographic identification document shall not be used to verify the address of the voter if the document contains an address. The photographic identification document shall be used to verify only the name and appearance of the voter. The poll book shall be used to verify the address of the voter by comparing the voter's address in the poll book to the address stated by the voter.

(c) If there is a dispute regarding the application of this regulation to a voter or if the election board worker is unable to determine a voter's eligibility, the supervising judge shall make a decision regarding whether a regular ballot or a provisional ballot shall be issued.

(d)(1) The county election officer shall present all provisional ballots to the county board of canvassers for a determination of validity.

(2) Each provisional ballot issued under this regulation shall be counted if both of the following conditions are met, unless the provisional ballot is determined to be invalid for another reason:

(A) Before the county board of canvassers convenes, the voter provides information to the county officer that remedies each deficiency or inconsistency that led to the issuance of the provisional ballot.

(B) The county board of canvassers determines that the voter's provisional ballot is valid.

(e) Nothing in this regulation shall require an election board worker to issue a regular ballot if the election board worker determines that a voter is attempting to circumvent the photographic identification requirement. Except as specified in K.S.A. 25-2908(i) and amendments thereto, nothing in this regulation shall exempt the voter from providing a photographic identification document.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2010 Supp. 25-2908, as amended by L. 2011, ch. 56, sec. 11; effective Feb. 24, 2012.)

Kan. Admin. Regs. § 7-46-3 Declarations of religious objection

(a) Each person who is otherwise entitled to vote and who seeks an exemption from the photographic identification requirement pursuant to K.S.A. 25-2908(i)(5), and amendments thereto, shall sign and submit a declaration form concerning the person's religious beliefs before receiving a ballot in each election in which the person intends to vote. The person may sign and submit the declaration form to the secretary of state or the county election officer before each election or when applying for a ballot.

(b) A voter shall not submit a declaration of religious objection in place of a valid photographic identification document after casting a ballot.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2010 Supp. 25-2908, as amended by L. 2011, ch. 56, sec. 11; effective Feb. 24, 2012.)

Article 47 Election Audits

Kan. Admin. Regs. § 7-47-1 Postelection audit implementation

The requirements of this regulation shall not apply to local question elections or mail-ballot elections pursuant to K.S.A. 25-431 through 25-441 and amendments thereto.

(a) As used in K.S.A. 25-3009 and amendments thereto, the term "unofficial election night returns" shall include ballots cast and counted on election day, ballots cast in advance and counted on election day, and ballots cast by means of the uniformed and overseas citizens absentee voting act (UOCAVA) procedures and counted on election day. This term shall not include any ballots cast that are challenged or marked as provisional or any ballots that are cast in advance and received after election day.

(b) Each county election officer shall complete the training provided by the secretary of state. As specified in K.S.A. 25-3009 and amendments thereto, each county election officer shall provide training to the election board conducting the postelection audit. The training shall include the identification of voter intent specific to the vote-casting technologies in use across Kansas.

(c)(1) An auditable race and precinct shall be a race and precinct meeting the requirements in K.S.A. 25-3009, and amendments thereto, for an audit to be conducted. The random selection of races and precincts shall take place in a public setting, and the procedure to randomize the selection of races and precincts shall be determined solely by each county election officer and the secretary of state but must use a physical random method and not an electronic random number generator. Upon completion of the audit, each election board shall transmit to the secretary of state and the county election office the results of the audit no later than 48 hours before the meeting of the county board of canvassers.

(2) In even-year elections, within 24 hours of the closing of the final polling location in Kansas, the list of randomly selected races to be audited shall be transmitted by the secretary of state to each county election officer. Each county election officer shall examine each race in the order specified until an auditable race is determined. Each county election officer shall then randomly select one percent of the total county precincts from the subset of auditable precincts. If no contested race exists, the election board shall audit the first race listed.

(3) In odd-year elections, each county election officer shall randomly select the races and then each precinct to be audited.

(d) Ballot images may not be used for the manual audit.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2023 Supp. 25-3009 and K.S.A. 2023 Supp. 25-2912; effective, T-7-6-26-19, June 26, 2019; effective Sept. 27, 2019; amended Oct. 13, 2023; amended, T-7-3-5-24, March 5, 2024; amended June 14, 2024.)

Kan. Admin. Regs. § 7-47-2 Procedural audits.

7-47-2. Procedural audits.

(a) Audit process.

(1) Each audited county shall receive notice of the audit by electronic mail from the secretary of state. The notice shall include an outline of the audit process, instructions, a checklist of requested documents, and written procedures. The audit shall occur in two parts.

(2) In the first part of the audit, each audited county shall provide all requested records to the secretary of state’s audit team no later than 21 days after receipt of the audit notice.

(3) In the second part of the audit, the secretary of state’s audit team shall schedule and commence an in-person audit within 30 days after completing the first part of the audit.

(b) Records examined in the first part of the audit. Items to be audited shall include:

(1) Documentation regarding election equipment, including:

(A) Voting system tests performed after delivery and installation;

(B) election equipment testing records;

(D) initiation logs and sequence-of-events records from the election management computer housing election management software; and

(E) records of voting machine errors, malfunctions, and repairs.

(2) results tapes;

(3) documentation of chain of custody for removable media, including memory sticks, transported to and from polling places;

(4) audit trail documentation related to the delivery of voting equipment;

(5) records regarding poll workers, including:

(A) Training materials provided to poll workers;

(B) a list of supervising judges;

(D) a list of election-day workers.

(6) records of published election notices in newspapers, including notices of voting, equipment testing, and canvassing;

(7) documentation demonstrating the availability and use of accessible voting equipment compliant with the Americans with Disabilities Act, including equipment models, deployment locations, and accommodation procedures; and

(8) documentation of successful postelection audit.

(c) Procedures and facilities examined in the second part of the audit. Procedures and facilities to be audited shall include:

(1) Written security procedures, including:

(A) Identification of individuals authorized to access the election computer; and

(B) access time logs.

(2) written voter registration procedures, including:

(A) Assignment of responsibility for processing initial voter registrations;

(B) assignment of responsibility for processing voter registration updates and cancellations;

(D) storage of paper voter registration applications.

(3) written advance ballot procedures, including:

(A) Assignment of responsibility for processing updates and additions;

(B) procedures for incomplete or suspicious applications; and

(4) written procedures for handling advance ballot applications (form AV1), including:

(A) Local ballots;

(B) state and federal ballots; and

(5) written procedures for secured locations;

(6) records establishing, and a physical inspection confirming, that the election computer is maintained in a secure location;

(7) written documentation verifying that election equipment meets the following requirements:

(A) Operation as a stand-alone system;

(B) absence of network connections;

(D) installation of only the operating system and voting software;

(E) controlled access limited to authorized users; and

(F) password policies and procedures.

(8) procedures for sealed ballots and ballot envelopes, including:

(A) Identification of secured storage locations;

(B) requirements for sealed containers holding ballots and ballot envelopes;

(D) records of past destruction events; and

(E) procedures ensuring that only materials required by law are secured and destroyed. (Authorized by and implementing K.S.A. 2025 Supp. 25-3010; effective June 5, 2026.)

***** Authenticated Kansas Administrative Regulation *****

Article 48 Vote Centers

Kan. Admin. Regs. § 7-48-1 Vote centers; plans; report

(a) For purposes of this regulation, each of the following terms shall have the meaning specified in this subsection:

(1) "Election day" means the day for casting ballots for any national, state, county, township, city, and school primary and general election, question-submitted election, or other election authorized by law and conducted by the county election officer.

(2) "Electronic poll book" means the electronic version of the poll book, as described in K.S.A. 25-2507 and amendments thereto, used at a vote center or voting place.

(3) "Vote center" means a voting place where any registered voter in a county with a vote center plan implemented may cast a ballot on election day.

(4) "Voting place" has the meaning specified in K.S.A. 25-2506, and amendments thereto.

(b) Pursuant to K.S.A. 25-2701 and amendments thereto, any county election officer may authorize the use of vote centers allowing all voters within the county to vote at any polling location on election day following submittal of a plan and receipt of approval by the Kansas secretary of state. Once a vote center plan is in effect, each polling location under the jurisdiction of the county election officer shall be a vote center.

(c) The plan specified in subsection (b), which shall be signed by the chairman of the county commission and the county election officer and received by the Kansas secretary of state at least six months before implementation, shall provide the following:

(1) The implementation date of the first election in which vote centers are to be used. A county election official shall not utilize vote centers for the first time in a general or primary election in an even-numbered year;

(2) the number of vote centers that will be established and the number of polling places that will be reduced;

(3) the location of each vote center. For each location identified, the plan shall provide the following:

(A) Certification that each location complies with the Americans with disabilities act (ADA) accessibility requirements;

(B) a description of each vote center. The description of each vote center shall include at least the number of voting machines, tables, chairs, and board workers for that vote center location and the number of parking spaces and designated handicap parking spaces available for that vote center location;

(C) a detailed description of all hardware, firmware, and software for all voting equipment and electronic poll books that will be used in the vote center;

(D) a statement that each piece of voting equipment has been certified by the United States election assistance commission and the Kansas secretary of state's office;

(E) a statement acknowledging that each electronic poll book to be used has been successfully used in at least one jurisdiction in the United States before using the poll book at a vote center location;

(F) a detailed testing plan that provides an estimate of the highest volume of voters at each vote center and certifies that testing has been done to ensure that the vote center can accommodate at least that volume; and

(G) a contingency plan designed to both prevent a disruption of the vote center process and ensure that the election is properly conducted if a disruption occurs. At a minimum, the contingency plan shall address likely impediments that could cause issues at vote centers, including the following:

(i) Inclement weather;

(ii) complete loss of connectivity for any length of time to electronic poll books or voting machines that includes a plan of preventing voters from voting at multiple locations;

(iii) higher than anticipated volumes of voters; and

(iv) unavailability of a vote center;

(4) a description of the methods and standards that the county election official will use to ensure the security of voting conducted at vote centers. As part of these security methods, an electronic poll book shall not be connected in any way to a voting system. The county election official shall also certify that each vote center will have a secure connection that has real-time access to an electronic poll book and prevents any voter from voting more than once at that vote center or at any other vote center during the same election; and

(5) a public outreach plan that involves a local working group designed to inform county citizens of the change to vote centers. This public outreach plan shall include the names of local officials, county residents, and any other individuals that are part of the local working group developing and implementing the plan. The public outreach plan shall also describe the activities that the local working group will utilize to educate the public on vote centers.

(d)(1) If a county election officer intends to implement a change to the vote center plan involving the requirements in paragraph (c)(3)(C), the county election officer shall notify the secretary of state no later than 90 days before implementing the change. The notice shall be accompanied by the statements required by paragraphs (c)(3)(D) and (E) and the testing plan and the contingency plan required by paragraphs (c)(3)(F) and (G).

(2) If a county election officer intends to change or close a vote center location, the county election officer shall notify the secretary of state upon the determination being made and any new vote center location being selected. This notice shall be submitted no later than 90 days before the first election in which the vote center location closing or change is to occur. If the 90-day advance notice is impracticable, the county election officer may seek approval from the secretary of state to waive the 90-day requirement, but notice shall still be provided before implementing the changes identified in this paragraph.

(3) If a county election officer intends to change the vote center plan involving the security methods and standards required in paragraph (c)(4), the county election officer shall notify the secretary of state no later than 90 days before implementation of the change. If the 90-day advance notice is impracticable, the county election officer may seek approval from the secretary of state to waive the 90-day requirement.

(e) Following the first year that a vote center plan is implemented, the county election officer shall submit the county's vote center plan, which shall include any updates or changes since last submission to the secretary of state, six months before the next August primary election occurring in the year identified in K.S.A. 25-101(a)(1), and amendments thereto. The county election officer shall then resubmit the plan at the same time every four years.

(f) The process for casting a ballot at each vote center shall comply with all statutory requirements in Kansas, including the provisions in K.S.A. 25-2901 et seq., and amendments thereto.

(g) Following the first election in which a county utilizes vote centers, the county election officer shall submit to the secretary of state a report that includes the following:

(1) The number of voters and provisional voters who utilized each vote center;

(2) the estimated time that a voter waited during peak voting hours at each vote center; and

(3) any logistical, voting machine, or network problems encountered at any vote center.

(h) If a county election officer in consultation with the county commissioners wants to return to a precinct model of voting rather than the vote center model, the county election officer and the county commissioners shall submit a plan to the Kansas secretary of state. The plan, which shall be signed by the chairman of the county commission and the county election officer and received by the Kansas secretary of state at least six months before implementation, shall provide the following:

(1) The implementation date of the first election in which precinct model voting will be used;

(2) the number of polling places that will be used;

(3) the location of each polling place. For each location identified, the plan shall be accompanied by the following:

(A) Statement of compliance with ADA accessibility requirements;

(B) a description of each polling place. The description of each polling place shall include at least the number of voting machines, tables, chairs, and board workers expected to be used at that polling place and the number of parking spaces and designated handicap parking spaces available for that polling place;

(C) a detailed description of all hardware, firmware, and software for all voting equipment and electronic poll books that will be used in the polling places;

(D) a statement that each piece of voting equipment has been certified by the United States election assistance commission and the Kansas secretary of state's office; and

(E) a statement acknowledging that each electronic poll book to be used has been successfully used in at least one jurisdiction in the United States before being used in a polling place; and

(4) a public outreach plan that involves a local working group designed to inform county citizens of the change back to precinct voting. This public outreach plan shall include the names of local officials, county residents, and any other individuals that are part of the local working group developing and implementing the plan. The public outreach plan shall also describe the activities that the local working group will utilize to educate the public on the change back to precinct voting.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 25-2701; effective March 12, 2021.)

Article 49 Professional Employer Organizations

Kan. Admin. Regs. § 7-49-1 Professional employer organization; filing fees

The filing fees for documents filed with the secretary of state pursuant to the professional employer organization registration act shall be as follows:

Professional employer organizations:

Professional employer groups:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2025 Supp. 44-1710; implementing K.S.A. 2025 Supp. 44-1705; effective Feb. 27, 2026.)

Article 50 Kansas Revised Limited Liability Company Act

Kan. Admin. Regs. § 7-50-1 Limited liability company; filing fees

The filing fees for documents filed with the secretary of state pursuant to the Kansas revised limited liability company act shall be as follows:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2025 Supp. 17-76,136; effective Feb. 27, 2026.)

Article 51 Kansas Revised Uniform Limited Partnership Act

Kan. Admin. Regs. § 7-51-1 Limited partnership; filing fees

The filing fees for documents filed with the secretary of state pursuant to the Kansas revised uniform limited partnership act shall be as follows:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 56-1a605; effective Feb. 27, 2026.)