reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2804 Qualifications of judges and clerks; pool of trained judges and clerks; voting by judge or clerk.

25-2804. Qualifications of judges and clerks; pool of trained judges and clerks; voting by judge or clerk.
(a) Each person recommended as provided in K.S.A. 25-2803(a), and amendments thereto, shall be a resident of the area served by the voting place in which such person is to be a judge or clerk.
(b) Except as otherwise provided by this subsection, all judges and clerks shall have the qualifications of an elector in the election at which they serve, and no judge or clerk shall be a candidate for any office, other than the office of precinct committeeman or precinct committeewoman, to be elected at such election. The county election officer may appoint persons who are at least 16 years of age to serve as election judges or clerks if such persons meet all other requirements for qualification of an elector and have a letter of recommendation from a school teacher, counselor or administrator. No more than 1/3 of the persons appointed to each election board may be under the age of 18.
(c) The county election officer may establish a pool of trained judges and clerks who shall be recommended by the county chairpersons specified in K.S.A. 25-2803(a), and amendments thereto. Judges and clerks in such pool may serve at voting places other than their own if:
(1) The chairpersons specified in K.S.A. 25-2803(a), and amendments thereto, or either of them, have failed to make appropriate recommendations;
(2) it is impossible to obtain judges and clerks for a voting place in any other way; or
(3) voting machines are used, in which case the third judge, who shall be trained in the use of voting machines, need not necessarily live in the area of the voting place.
(d) Any judge or clerk serving in a voting place not located in the area in which such judge or clerk resides or serving on a special election board established under K.S.A. 25-1133(c), and amendments thereto, shall be allowed to vote an advance voting ballot in accordance with the provisions of K.S.A. 25-1119, and amendments thereto, or shall be excused from duties as such judge or clerk to vote at the voting place in the area where such judge or clerk resides.
History:
L. 1968, ch. 406, § 12; L. 1973, ch. 170, § 1; L. 1976, ch. 181, § 11; L. 1981, ch. 167, § 2; L. 1995, ch. 192, § 45; L. 2000, ch. 50, § 1; L. 2015, ch. 88, § 60; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2805 Filling vacancies.

25-2805. Filling vacancies.
If any judges or clerks shall fail or refuse to appear and serve at the proper time and place, or for any cause are or become disqualified, then the electors present shall promptly notify the county election officer thereof. The county election officer shall appoint such person as such officer may select to fill any such vacancy.
History:
L. 1968, ch. 406, § 13; L. 2023, ch. 79, § 44; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2806 School for election board judges.

25-2806.
School for election board judges.
The county election officer shall provide instruction for election board judges and clerks before each election. The instruction shall relate to all matters which in the opinion of the county election officer require additional knowledge, explanation to, or training of such judges relating to elections generally, voting machines, ballots or duties in connection with any of the foregoing.
History:
L. 1968, ch. 406, § 123; L. 2004, ch. 25, § 12; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2807 Oath of judges and clerks.

25-2807.
Oath of judges and clerks.
(a) Before commencing duties as a judge or clerk, every person shall take and subscribe the oath or affirmation provided for herein. Such oath or affirmation may be administered by the county election officer, deputy county election officer or any judge who has already taken such oath or affirmation. The officer administering the oath or affirmation shall examine the person as to fitness to serve as judge or clerk.
(b) Each oath or affirmation so subscribed shall be delivered to the county election officer not later than the day following the election and shall be retained in his office until disposed of as provided by law.
(c) The oath or affirmation herein provided shall be to discharge the duties of judge or clerk at such election faithfully, honestly and according to law. The form of such oath or affirmation shall be prescribed by the secretary of state.
History:
L. 1968, ch. 406, § 14; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2808 Election board; number of members; two-member boards, restrictions.

25-2808.
Election board; number of members; two-member boards, restrictions.
(a) Except as otherwise provided in subsection (b), the county election officer shall determine for each election, for each voting place, whether the election board thereof will have three members or some greater number of members.
(b) The county election officer may appoint an election board of two members for any precinct having less then 50 registered voters and in which the voting place is located more than 10 miles from any other voting place. Such members shall not be members of the same political party. In the event of an emergency or if one of the members of the election board is unable to complete the duties prescribed by law, the county election officer shall be informed and the member of the election board shall be replaced immediately. If at anytime one of the board members shall leave the room where the ballots are kept, a note describing the time, situation and number of voted ballots, or if applicable, the vote which has been counted, shall be written in the registration book. The time that such second member of the election board returns shall be written in the registration book and the note signed by both board members. If at any time both members of the election board leave the room, a notation to that effect shall be made in the registration book and the ballots secured against tampering.
History:
L. 1968, ch. 406, § 16; L. 1969, ch. 193, § 4; L. 1992, ch. 6, § 3; L. 1994, ch. 26, § 2; L. 1995, ch. 192, § 51; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2811 Judges and clerks, compensation.

25-2811.
Judges and clerks, compensation.
Judges and clerks of election shall receive the following fees and no more:
(a) Each judge and clerk of election where voting machines are not in use shall receive as compensation an amount to be fixed by resolution of the board of county commissioners which shall not be less than $3 per hour for each hour of work as a judge or clerk of an election.
(b) Judges and clerks of election where voting machines are used shall receive for their services an amount to be fixed by resolution of the board of county commissioners which shall not be less than the sum of $40 per day.
(c) In addition to other compensation authorized under subsections (a) and (b), the supervising judge shall receive the sum of not less than $2 and the mileage allowance established pursuant to K.S.A. 75-3203a, and amendments thereto, for each mile necessarily traveled in the course of such service.
(d) Any judge or clerk of an election may, upon written consent, decline to accept compensation for work as a judge or clerk of an election.
History: R.S. 1923, 25-427; L. 1941, ch. 228, § 1; L. 1949, ch. 253, § 1; L. 1959, ch. 176, § 1; L. 1961, ch. 202, § 1; L. 1968, ch. 406, § 103; L. 1973, ch. 171, § 1; L. 1975, ch. 204, § 8; L. 1976, ch. 380, § 2; L. 1985, ch. 123, § 1; L. 1992, ch. 6, § 4; February 27.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2901 Occupation of voting booths, time limit; voting marks.

25-2901. Occupation of voting booths, time limit; voting marks.
When a voter receives a ballot, or set of ballots, such voter shall go promptly and directly to one of the voting booths and mark the ballots therein. No voter shall be allowed to occupy a booth already occupied by another voter. No voter shall be allowed to occupy a booth more than 10 minutes if other voters are waiting to occupy the same. The voter shall mark the ballot by making a cross or check mark in the voting squares at the left of the names of candidates.
History:
L. 1968, ch. 406, § 21; L. 1975, ch. 204, § 10; L. 1978, ch. 137, § 11; L. 1993, ch. 287, § 8; L. 2015, ch. 88, § 61; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2902 Unlawful marking or mutilation of ballots; providing new or replacement ballot; notice.

25-2902.
Unlawful marking or mutilation of ballots; providing new or replacement ballot; notice.
(a) It shall be unlawful to make any mark upon a ballot except a cross or check mark in a voting square opposite the name of a person for whom the voter desires to vote. It shall be unlawful to deface or tear a ballot or to erase any printed figure or letter thereon. It shall be unlawful for any person other than the voter to erase any mark or name written on a ballot by a voter.
(b) If a voter tears, defaces or wrongfully marks a ballot, the voter shall return it to the election board and receive a new ballot or set of ballots. The voter may successively obtain additional ballots or sets of ballots (but not more than one ballot or set of ballots at a time), but no voter shall be provided more than three sets in all.
(c) In all elections in which printed paper ballots are utilized, there shall be printed on the ballot and posted in each polling place a notice containing the following information and in substantially the following form:
Notice
If you tear, deface or make a mistake and wrongfully mark any ballot, you must return it to the election board and receive a new ballot or set of ballots.
History:
L. 1968, ch. 406, § 25; L. 1978, ch. 137, § 12; L. 1992, ch. 291, § 10; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2903 Voting for write-in candidates; procedure.

25-2903. Voting for write-in candidates; procedure.
Except as otherwise provided by law, if a voter desires to vote for a person whose name is not on the ballot, the voter shall write the name of such person in the blank space, if any is provided, under the appropriate title of the office. If no blank space is provided for writing in the name of a person whose name is not on the ballot, voters may not vote for any person whose name is not on the ballot.
History:
L. 1968, ch. 406, § 26; L. 1976, ch. 189, § 1; L. 1978, ch. 137, § 13; L. 1993, ch. 287, § 9; L. 2023, ch. 79, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2904 Marking question submitted ballots.

25-2904.
Marking question submitted ballots.
Except as otherwise provided by law, ballots on constitutional amendments or other questions submitted shall be marked by the voter by making a cross or check mark in the square to the left of either "yes" or "no."
History:
L. 1968, ch. 406, § 27; L. 1978, ch. 137, § 14; L. 1993, ch. 287, § 10; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2905 Folding of ballots; clipping and deposit of ballots; application of section.

25-2905. Folding of ballots; clipping and deposit of ballots; application of section.
(a) If not already folded, the election board shall fold each ballot before handing the same to a voter. If more than one ballot is to be handed to a voter, the ballots in the set shall be folded separately. Ballots shall be folded so that the names of candidates are concealed and the printed endorsement and ballot number are on the outside of the folded ballot. Before leaving the voting booth, the voter shall refold each of such voter's ballots separately in the manner received and so that the names of candidates and marks on the ballot are concealed. Upon leaving the booth, the voter shall deliver the ballot or set of ballots to one of the judges, who shall promptly and in the presence of the voter and of the election board, properly clip the number therefrom and deposit the ballots in their respective ballot boxes.
(b) The provisions of this section shall only apply to elections conducted in counties that do not use tabulators or optical scanners to count votes.
History:
L. 1968, ch. 406, § 28; L. 2023, ch. 79, § 46; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2906 Deposit or count of unlawful ballots prohibited; marking objected to ballots.

25-2906.
Deposit or count of unlawful ballots prohibited; marking objected to ballots.
(a) No ballots other than those provided and printed in accordance with law shall be delivered to a voter, deposited in a ballot box or counted.
(b) Ballots that are counted (notwithstanding objections made thereto) shall be marked "objected to" on the back thereof, and a memorandum stating how such ballot was counted shall be written on the back thereof and be signed by two judges.
History:
L. 1968, ch. 406, § 34; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2907 Removal of ballots from voting place prohibited.

25-2907.
Removal of ballots from voting place prohibited.
No person shall take or remove any ballot from a voting place except the supervising judge. Any voter who, after receiving a ballot or set of ballots, decides not to vote one or more of such ballots, shall, before leaving the voting place, so notify the election board and surrender to it all the ballots which have been given to him. A refusal or failure to so surrender such ballots shall be unlawful and shall subject the person so offending to immediate arrest and the penalties provided by law for such offenses.
History:
L. 1968, ch. 406, § 29; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2909 Voting by persons requiring assistance; disability, definition of.

25-2909.
Voting by persons requiring assistance; disability, definition of.
(a) Any voter unable to mark such person's ballot by reason of temporary illness, disability or lack of proficiency in reading the English language or any voter 65 or more years of age may request assistance in voting.
(b) Upon request as provided in subsection (a), the voter shall be accompanied to the voting booth by a person chosen by the voter or, if no person is chosen, by two members of the election board of different political parties, who shall mark the ballot as such voter directs.
(c) A voter with a disability shall be permitted to vote as provided by law for provisional voters.
(d) A voter with a disability may request that such person's ballot be brought to the entrance to such voting place, or outside the voting place at a location within a radius of 250 feet from the entrance thereof, for the purpose of allowing such voter to vote. Two members of the election board of different political parties shall take a ballot to the voter so requesting and shall remain with such voter while such person votes. In voting places where paper ballots are used, such board members shall deposit such voter's ballot in the ballot box. In voting places where voting machines are used, such voter shall vote on an electronic voting machine or advance voting ballot. Any such ballot, together with objected to and provisional ballots, shall be packaged in accordance with K.S.A. 25-3008, and amendments thereto.
(e) "Disability," with respect to an individual, means:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(2) a record of such an impairment; or
(3) being regarded as having such an impairment.
Intoxication shall not be regarded as a disability.
History:
L. 1968, ch. 406, § 22; L. 1975, ch. 214, § 1; L. 1976, ch. 188, § 2; L. 1983, ch. 121, § 2; L. 1995, ch. 192, § 46; L. 1996, ch. 187, § 17; L. 2004, ch. 93, § 7; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2911 Memorandum on poll book of assistance to voters.

25-2911.
Memorandum on poll book of assistance to voters.
Clerks of elections shall enter upon the poll books the name of any elector who receives assistance pursuant to K.S.A. 25-2909, together with a memorandum of the fact that such assistance was rendered and the names of the assistants.
History: L. 1893, ch. 78, § 23; L. 1897, ch. 129, § 23; L. 1913, ch. 189, § 3; R.S. 1923, 25-417; L. 1935, ch. 174, § 2; L. 1968, ch. 406, § 102; L. 1975, ch. 214, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 29 - Voting Procedure › 25-2912 Paper ballot with distinctive watermark required; voting system requirements; certain poll books prohibited; rules and regulations.

25-2912. Paper ballot with distinctive watermark required; voting system requirements; certain poll books prohibited; rules and regulations.
(a) (1) (A) All voting systems used for elections in this state held on or after January 1, 2024, shall require the use of an individual, durable, voter-verified paper ballot with a distinctive watermark established by the secretary of state. The voter's ballot shall be:
(i) Marked by the voter, or by a person assisting the voter as otherwise permitted by law, either by hand or by use of a voting machine that is a non-tabulating paper ballot marking or printing device or system that may be electromechanical or electronic;
(ii) made available to the voter for inspection and verification by the voter after the voter has marked the ballot but before the voter's vote is cast and counted, that may be spoiled by the voter if it fails to reflect the voter's choices and that permits the voter to cast a new paper ballot; and
(iii) canvassed by hand or read and tabulated by vote-tabulating equipment consisting of optical scanning equipment or other counting equipment that counts and tabulates paper ballots.
(B) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the paper ballot is secured and preserved.
(2) The voting system shall not preserve the paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent.
(3) The paper ballot shall constitute the official ballot and shall be preserved and used as the official ballot suitable for purposes of any audit or recount conducted with respect to any election in which the voting system is used. Each paper ballot shall be counted by hand in any recount conducted with respect to any election, unless the requestor of a recount pursuant to K.S.A. 25-3107, and amendments thereto, elects not to have the ballots counted by hand.
(4) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the paper ballots cast, the paper ballots as counted by hand shall be the true and correct record of the votes cast.
(b) The use of poll books not requiring a hand-written signature shall be prohibited.
(c) On or before January 1, 2023, the secretary of state shall adopt rules and regulations to implement the provisions of this section.
History:
L. 2022, ch. 87, § 3; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 30 - Original Canvass Of Elections › 25-3001 Reading, counting and recording votes; entries and totals on tally sheets.

25-3001.
Reading, counting and recording votes; entries and totals on tally sheets.
Election boards shall make the original canvass according to the following procedure:
(a) A ballot box shall be opened and a judge designated by the supervising judge shall take the ballots out of the box either one at a time or in limited quantities as authorized by the supervising judge.
(b) A judge shall read and announce the vote on the ballot for each candidate. In reading and announcing the vote on ballots, the judge shall so place the ballot that another member of the election board may view the ballot as the vote is announced. The clerks shall make a tally mark opposite the name of each candidate receiving a vote as announced by the judge. Such tally marks shall be made upon tally sheets provided by the county election officer. The supervising judge may direct a judge to perform the functions of a clerk for limited periods during the canvass and thereby temporarily relieve one or both clerks.
(c) After one judge announces the votes upon a ballot, he shall hand the same to a second judge, who shall examine it and dispose of it as provided in this act.
(d) Void and blank ballots shall be announced by the judge, and the clerks shall make one tally mark for each such ballot opposite the proper designation on the tally sheet.
(e) From time to time during the canvass the clerks shall compare tally sheets and reconcile any differences to the satisfaction of a majority of the election board. When the canvass is completed, the number of votes received by each candidate shall be written in the indicated place on the tally sheet.
History:
L. 1968, ch. 406, § 30; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 30 - Original Canvass Of Elections › 25-3003 Stringing or other preservation of ballots.

25-3003.
Stringing or other preservation of ballots.
(a) After the vote upon a ballot has been announced, the ballot shall be preserved according to one of the following methods:
(1) String the ballots closely upon a flexible wire or cord and unite or tie securely the ends of such wire or cord.
(2) Fasten the ballots that are counted in metal clamps or fasteners of a type which has had the prior approval of the secretary of state.
(3) The secretary of state may prescribe any other system of preserving ballots so long as such system will maintain the ballots in good condition and secure.
(b) Ballots marked "blank," "void" or "objected to" shall not be strung or fastened with other ballots.
History:
L. 1968, ch. 406, § 32; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 30 - Original Canvass Of Elections › 25-3004 Exhibition of ballots to authorized poll agent during original canvass.

25-3004.
Exhibition of ballots to authorized poll agent during original canvass.
During the original canvass by election boards, the judge announcing the vote on any ballot shall, upon request of any authorized poll agent, exhibit such ballot fully opened in a condition that such agent may fully and carefully read and examine the same. The judge shall not allow any such ballot to be taken from his hands.
History:
L. 1968, ch. 406, § 33; L. 1969, ch. 185, § 3; April 19.
2023 Kansas Statutes › Chapter 25 - Elections › Article 30 - Original Canvass Of Elections › 25-3005 Observation of original, intermediate and final canvasses of elections, casting of ballots, recounts and audits by authorized poll agents; rules and regulations of secretary of state.

25-3005. Observation of original, intermediate and final canvasses of elections, casting of ballots, recounts and audits by authorized poll agents; rules and regulations of secretary of state.
At all elections authorized poll agents shall be allowed to be present and observe the proceedings at all original, intermediate and final canvasses of elections, at all recounts authorized by K.S.A. 25-3107, and amendments thereto, at all audits conducted after an election pursuant to K.S.A. 25-3009, and amendments thereto, and at the time and place of casting ballots, subject to such limitations as are prescribed by law or rules and regulations adopted by the secretary of state. The supervising judge of each voting place shall be in charge thereof and may direct authorized poll agents as to their conduct, but such directions shall not favor agents of one kind or party over agents of another kind or party, and such directions shall not be contrary to law, rules and regulations adopted by the secretary of state or instructions of the county election officer.
History:
L. 1908, ch. 54, § 13; R.S. 1923, 25-217; L. 1968, ch. 406, § 80; L. 1969, ch. 185, § 4; L. 2023, ch. 79, § 47; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 30 - Original Canvass Of Elections › 25-3006 Abstracts of original canvass; alternative procedures for voting machines.

25-3006.
Abstracts of original canvass; alternative procedures for voting machines.
(a) When the election board completes its canvass, it shall make three abstracts of the vote cast for all candidates whose names are printed on the ballot, all write-in votes cast and all votes cast on questions submitted. Such abstracts shall be made under the direction of the supervising judge upon forms provided by the county election officer. Each of such three abstracts shall bear a certificate of the validity thereof and each certificate shall be signed by all of the clerks and judges at the voting place.
(b) In voting places where voting machines equipped with printed election returns mechanisms are used, the counter compartment shall not be opened and the original and duplicate originals of the printed return sheets of the votes cast on questions submitted and for candidates whose names are printed on the official ballot labels, together with the tabulation and inclusion of any write-in votes appearing on the paper roll shall constitute the official abstract for the votes cast on that machine, when coupled with the other originals and duplicate originals of other machines in the voting place and certified as abstracts of the vote cast at such voting place, upon forms and in the manner prescribed by the county election officer.
(c) The secretary of state may adopt rules and regulations prescribing procedures and forms to be used in carrying out the provisions of this section and K.S.A. 25-1338, as amended.
History:
L. 1968, ch. 406, § 35; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 30 - Original Canvass Of Elections › 25-3007 Return of election materials by supervising judge.

25-3007.
Return of election materials by supervising judge.
When the canvass of an election board has been completed, the supervising judge shall return to the county election officer the following:
(a) All election supplies.
(b) All valid ballots.
(c) All ballots not used and all that have been spoiled by the voter while attempting to vote, together with all ballots marked "blank," "void" or "objected to."
(d) All tally sheets, poll books, all abstracts and all other books and records in possession of the election board.
History:
L. 1968, ch. 406, § 36; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 30 - Original Canvass Of Elections › 25-3010 Postelection year audit of certain counties; method of selection of counties; rules and regulations.

25-3010. Postelection year audit of certain counties; method of selection of counties; rules and regulations.
(a) In the calendar year following the general election of an even-numbered year, the secretary of state shall conduct in four counties an audit of the procedures used for election administration and election records for the elections held during the previous two calendar years.
(b) The secretary of state shall select the counties to be audited at random, except that:
(1) One of the counties selected shall have a voting age population of more than 90,000;
(2) one of the counties selected shall have a voting age population of more than 20,000 but less than 90,000;
(3) two of the counties selected shall have a voting age population of less than 20,000; and
(4) voting age population shall be set by the most recent federal decennial census.
(c) The secretary of state shall adopt rules and regulations necessary to implement this section including enumerating the specific records and procedures to be examined.
History:
L. 2022, ch. 87, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3101 Enumeration of elections to be canvassed by county board.

25-3101.
Enumeration of elections to be canvassed by county board.
The board of county commissioners of each county shall be the board of canvassers for elections occurring within the county. Such board of canvassers shall canvass the following elections:
(a) Both primary and general national and state elections.
(b) Both primary and general county elections.
(c) Both primary and general township elections.
(d) Both primary and general city elections.
(e) Both primary and general school elections.
(f) Question submitted elections of the state, county and any township in the county.
(g) Question submitted elections of any city, the greater part of the population of which is in the county.
(h) Question submitted elections of which the county is the home county of a school district. For any school district which does not on the effective date of this act have a specified home county, the state board of education shall specify a home county. "State board of education" means the state superintendent of public instruction until that office is abolished, and thereafter the constitutional state board of education.
(i) Any election for which it is provided by law that the board of county commissioners shall be the board of canvassers.
History:
L. 1968, ch. 406, § 41; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3102 Filling vacancies on county board of canvassers; deputy county election officer's authority.

25-3102.
Filling vacancies on county board of canvassers; deputy county election officer's authority.
In the event that a member of the county board of canvassers shall die, be absent, or from any casualty be prevented from serving on such board, the remaining members of the county board of canvassers shall select an elector to serve on the county board of canvassers in such member's place. If more than one member of the county board of canvassers shall die, be absent, or from any casualty be prevented from serving on the county board of canvassers, the remaining member or members of the board in consultation with the county election officer shall select electors to serve in their place. Functions and duties of the county election officer may be performed by the deputy of the county election officer in the absence of the county election officer.
History:
L. 1968, ch. 406, § 52; L. 2001, ch. 81, § 7; L. 2002, ch. 146, § 6; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3103 Final and intermediate canvasses by county board.

25-3103.
Final and intermediate canvasses by county board.
(a) The county board of canvassers shall make the final canvass of election returns of every county, township, city and school election whether the same is an election of officers or a question submitted election.
(b) The county board of canvassers shall make the intermediate canvass of election returns for the following elections:
(1) Question submitted elections on constitutional amendments;
(2) Elections of national and state officers;
(3) Any other election for which it is provided by law the county board of canvassers shall make an intermediate canvass.
History:
L. 1968, ch. 406, § 42; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3104 Time of canvass of elections by county board; notice; publication.

25-3104. Time of canvass of elections by county board; notice; publication.
The original canvass of every election shall be performed by the election boards at the voting places. The county election officer shall present the original returns, together with the ballots, books and any other records of the election, for the purpose of canvass, to the county board of canvassers at any time between 8 a.m. and 10 a.m. on the Monday next following any election held on a Tuesday, except that the county election officer may move the canvass to any business day not later than 13 days following any election. Notice of the time and place of the canvass shall be published in a newspaper of general circulation in the county prior to the canvass and shall also be published on the website of the county election office. For elections not held on a Tuesday, the canvass by the county board of canvassers shall be held on a day and hour designated by it, and not later than the 13th day following the day of such election.
History:
L. 1968, ch. 406, § 43; L. 1975, ch. 215, § 1; L. 2002, ch. 130, § 1; L. 2011, ch. 56, § 18; L. 2018, ch. 116, § 8; L. 2023, ch. 79, § 49; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3105 Place of canvass of the elections by county board.

25-3105.
Place of canvass of the elections by county board.
Meetings of the county board of canvassers shall be held in the office of the county election officer unless a different place is agreed upon by the county board of canvassers and the county election officer and publicly announced by the county election officer.
History:
L. 1968, ch. 406, § 44; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3106 Preliminary abstracts, preparation by county election officer.

25-3106.
Preliminary abstracts, preparation by county election officer.
When returns of any election are received by the county election officer, he shall make a preliminary inspection of the abstracts and other records returned. The county election officer shall prepare a combined tabulation of the vote totals for each candidate and question submitted showing therein the votes at each voting place. Such tabulation shall be known as the preliminary final abstract of election returns, in the case of all elections for which the county board of canvassers make the final canvass. Such tabulation shall be called the preliminary intermediate abstract of election returns, in the case of all elections for which the county board of canvassers make an intermediate canvass.
History:
L. 1968, ch. 406, § 45; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3108 Tie votes in elections of local officers.

25-3108.
Tie votes in elections of local officers.
(a) In any election for which the county board of canvassers makes the final canvass, if any two or more persons have a tie vote, such board shall determine by lot which person is nominated or elected, as the case may be. Reasonable notice shall be given to such persons of the time when such determination by lot will be made; if such persons or either of them shall fail to appear in accordance with such notice, the county board of canvassers shall proceed to make such determination in the absence of such persons.
(b) A tie vote shall have occurred in the following cases:
(1) In a primary election for any county or township office, if any two or more persons have an equal number of votes and more than any other person for the same office as candidate for the same party.
(2) In a general election for any county or township office, if any two or more persons have an equal number of votes and more than any other person for the same office.
(3) In the case of election to any city office determination of whether a tie has occurred shall be made by the county board of canvassers, and such determination shall be based upon statutes applicable to the particular city election and the number of votes received by the candidates.
(4) In the case of election to any school office, determination of whether a tie has occurred shall be made by the county board of canvassers, and such determination shall be based upon statutes applicable to the particular school election and the number of votes received by the candidates.
(5) In the case of a question submitted election a tie shall never be deemed to have occurred, and if there are the same number of "yes" votes and "no" votes, the "no" vote shall have prevailed unless otherwise provided by law.
History:
L. 1968, ch. 406, § 47; L. 1973, ch. 172, § 1; April 6.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3109 Abstracts of county board of canvassers.

25-3109.
Abstracts of county board of canvassers.
(a) In every final canvass of election returns the county board of canvassers shall make final determination of the results of the election and enter the same in the final abstract of the election returns. Such abstracts shall be certified by the county board of canvassers and shall be deposited in the office of the county election officer as a permanent record.
(b) In the case of a primary election for which the county board of canvassers makes the final canvass, the abstract shall specify the persons nominated for each office as a result of such primary.
(c) In the case of a general election for which the county board of canvassers makes the final canvass, the abstract shall specify the persons elected to each office as a result of such general election.
(d) In the case of question submitted election for which the county board of canvassers makes the final canvass, the abstract shall specify the result on each question submitted.
History:
L. 1968, ch. 406, § 48; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 31 - County Boards Of Canvassers › 25-3110 Certificates of nomination and election.

25-3110.
Certificates of nomination and election.
When any final canvass of primary election returns has been completed by the county board of canvassers, the county election officer shall prepare and issue a certificate of nomination to each person nominated. When any final canvass of general election returns has been completed by the county board of canvassers, the county election officer shall prepare and issue a certificate of election for each person elected. Certificates of nomination shall specify with particularity the office to which the person has been nominated, and if the election is on a partisan basis, the political party of the candidate. Certificates of election shall specify with particularity the office to which the person has been elected. The secretary of state may prescribe by rules and regulations the form and content of certificates of nomination and certificates of election.
History:
L. 1968, ch. 406, § 51; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3201 State board of canvassers; membership.

25-3201. State board of canvassers; membership.
The governor, secretary of state and attorney general, or such officers' designee, shall constitute the state board of canvassers. Any two of such members may act for such board.
History:
G.S. 1868, ch. 36, § 34; R.S. 1923, 25-707; L. 1968, ch. 406, § 110; L. 1974, ch. 364, § 4; L. 2023, ch. 79, § 51; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3202 Transmittal of intermediate canvass abstracts.

25-3202.
Transmittal of intermediate canvass abstracts.
Upon completion of any intermediate canvass the abstract, properly certified, shall be promptly transmitted to the secretary of state or such other officer as it is provided by law for the same to be transmitted. Every such transmittal shall be made by secure electronic transmission, registered mail or by a messenger designated by the county board of canvassers or the secretary of state.
History:
L. 1968, ch. 406, § 49; L. 2004, ch. 126, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3203 Abstract of intermediate canvass; transmittal to secretary of state; county recount notification requirements.

25-3203. Abstract of intermediate canvass; transmittal to secretary of state; county recount notification requirements.
If the secretary of state fails to receive the final abstract of the intermediate canvass of any national or state election from any county by the second Tuesday next after any election, the secretary shall dispatch a special messenger to obtain a copy of the same, and the county election officer shall immediately, on demand of such messenger, make out and deliver to such messenger the copy required. Thereupon, the messenger shall deliver such copy to the secretary of state without delay. The expenses of such messenger shall be paid by the secretary of state, and the secretary of state shall be reimbursed therefor by such county.
Any county conducting a recount pursuant to K.S.A. 25-3107, and amendments thereto, shall notify the secretary of state of the recount and shall set a date, subject to approval by the secretary of state, when the county election officer shall submit the intermediate abstract of the county to the secretary of state.
History:
L. 1968, ch. 406, § 50; L. 1992, ch. 237, § 6; L. 1995, ch. 192, § 7; L. 2011, ch. 56, § 17; January 1, 2012.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3204 Tabulation of abstracts by secretary of state; preservation.

25-3204.
Tabulation of abstracts by secretary of state; preservation.
The secretary of state, upon the receipt of the abstracts of the votes in national and state primary and general elections shall proceed to open the same, and shall tabulate the vote by counties and districts in a suitable manner for permanent record and shall carefully preserve in his or her office said abstracts.
History:
R.S. 1923, 25-708; L. 1968, ch. 406, § 111; L. 1977, ch. 142, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3205 Final canvass of primary election of national and state officers; publication of certified list of candidates; certificates of nomination to candidates; publication on secretary of state website of certain election results by precinct.

25-3205. Final canvass of primary election of national and state officers; publication of certified list of candidates; certificates of nomination to candidates; publication on secretary of state website of certain election results by precinct.
(a) The state board of canvassers shall be the board of canvassers for the final canvass of the primary election of national and state officers. Provisions of law relating to the canvass of the national and state general elections shall, as far as applicable, apply to the canvass and certification of the secretary of state of the primary elections. The state board of canvassers shall meet at the office of the secretary of state on the call of the secretary of state as soon as convenient after the tabulation of the returns is made. The meeting shall be called not later than September 1 next following the election, except when the date falls on Sunday, then not later than the next following day which is not a legal holiday, and may recess from time to time until the final canvass is completed.
As soon as the final canvass of the primary election shall be completed, the secretary of state shall publish in the Kansas register a certified statement of the candidates for the presidential electors, United States senator, representatives in congress and all state officers or so many of the officers as may have been voted for at the election. On the fourth day after the completion of such final canvass or as soon as practicable thereafter, the secretary of state shall mail to each candidate found by the state board of canvassers to be duly nominated a certificate of nomination, showing the name of the candidate, the party by whom nominated and the office for which the candidate is nominated as specified in the nomination papers and determined by the state board of canvassers.
(b) The secretary of state shall publish on the official secretary of state website results by precinct for all federal offices, statewide offices and for state legislative offices not later than 30 days after the final canvass of the primary election is complete.
History:
R.S. 1923, 25-218; L. 1968, ch. 406, § 81; L. 1981, ch. 324, § 10; L. 1992, ch. 237, § 7; L. 1995, ch. 192, § 8; L. 2018, ch. 88, § 5; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3208 Tie votes in state and national elections.

25-3208.
Tie votes in state and national elections.
(a) In any election for which the state board of canvassers makes the final canvass, if any two or more persons have a tie vote, such board shall determine by lot which person is nominated or elected, as the case may be, except in general election of the governor and lieutenant governor. Reasonable notice shall be given to such persons of the time any such determination by lot will be made; if such persons or either of them shall fail to appear in accordance with such notice, the state board of canvassers shall proceed to make such determination in the absence of such persons.
(b) A tie vote shall have occurred in the following cases:
(1) In a primary election for any national or state office, if any two or more persons have an equal number of votes and more than any other person for the same office as candidate for the same party.
(2) In a general election for any national or state office, if any two or more persons have an equal number of votes and more than any other person for the same office.
(3) In the case of election to any national office determination of whether a tie has occurred shall be made and such determination shall be based upon any federal statutes applicable to the particular national office, if there be any such federal statutes, and in all other respects according to this section.
(4) In the case of a constitutional amendment or other question submitted election a tie shall never be deemed to have occurred, and if there are the same number of "yes" votes and "no" votes, the "no" votes shall have prevailed, except in the case of a question upon the retention of a justice of the supreme court.
History:
L. 1968, ch. 406, § 53; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3209 Tie vote for governor and lieutenant governor; determination by legislature.

25-3209.
Tie vote for governor and lieutenant governor; determination by legislature.
If any two or more pairs of candidates running together have an equal number of votes for the same office and a higher number than any other pair of candidates running together in a general election for the offices of governor and lieutenant governor, the two houses shall, by joint ballot, determine the election. The president of the senate and the speaker of the house of representatives shall deposit in the office of the secretary of state a certificate showing what persons have been elected to fill said offices.
History:
G.S. 1868, ch. 36, § 41; R.S. 1923, 25-715; L. 1968, ch. 406, § 115; L. 1973, ch. 153, § 23; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 32 - State Board Of Canvassers › 25-3210 Report to legislature by secretary of state.

25-3210.
Report to legislature by secretary of state.
At the time fixed for convening of each regular session of the legislature, the secretary of state shall report to each house the list of members elected thereto, with the districts each represents, in accordance with determinations of the state board of canvassers. Such report shall also make a statement of any ties to be determined by the legislature as provided in K.S.A. 25-3209.
History:
G.S. 1868, ch. 36, § 40; R.S. 1923, 25-714; L. 1968, ch. 406, § 114; L. 1975, ch. 270, § 5; July 1.