reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4407 Acquisition of systems and poll books.

25-4407. Acquisition of systems and poll books.
(a) When a board of commissioners and county election officer have determined that such kind or make of electronic or electromechanical voting system or electronic poll book shall be used in a county, the board of county commissioners and the county election officer shall provide such number of units as shall be necessary to equip voting places for the use of voters.
(b) No tax shall be levied under this section, nor shall any moneys be paid from any fund under authority of this section for any contract to purchase, lease or rent any electronic or electromechanical voting system or equipment thereof or electronic poll books, if approval of such voting system or equipment or kind or make of electronic poll book has been rescinded by the secretary of state.
(c) The secretary of state may purchase, rent or lease voting equipment only for the purpose of providing such equipment to counties pursuant to the provisions of the help America vote act of 2002.
History:
L. 1977, ch. 129, § 7; L. 1979, ch. 52, § 140; L. 1980, ch. 115, § 5; L. 2007, ch. 125, § 15; L. 2022, ch. 87, § 16; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4408 Storage, repair, delivery to voting places and return to storage.

25-4408. Storage, repair, delivery to voting places and return to storage.
The board of county commissioners shall provide for the storage of electronic or electromechanical voting systems and electronic poll books. The county election officer shall be in complete charge of the voting systems and electronic poll books, their safekeeping when not in use and keeping them in repair and working order and shall see that they are delivered to the voting places in time for all arrangements to be made and for the voting systems and electronic poll books to be ready for use at the hour of opening the polls. After the election the county election officer shall see that the voting systems and electronic poll books are returned to the place of storage, or are secured for on-site storage.
History:
L. 1977, ch. 129, § 8; L. 2022, ch. 87, § 17; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4409 Ballot arrangement and display of information; candidate rotation; duties of election judges; review by poll agents, when.

25-4409. Ballot arrangement and display of information; candidate rotation; duties of election judges; review by poll agents, when.
(a) The ballot information, shall, as far as practicable, be in the order of arrangement provided for paper ballots except that such information may be in vertical or horizontal rows, or in a number of separate pages. Voting squares or ovals may be before or after the names of candidates and statements of questions, and shall be of such size as is compatible with the type of system used. Ballot information shall be displayed in as plain clear type and size as the ballot spaces will reasonably permit. Where candidate rotation is used, the voting equipment shall be capable of meeting the requirements otherwise provided in law.
(b) Before the opening of the polls the election judges shall compare the ballots with the sample ballots furnished, and see that the ballot information thereon agrees and shall certify thereto on forms provided for this purpose. The certification shall be filed with the election returns.
(c) Before, during and after the operation of the polling place, the election judges shall make all electronic or electromechanical voting systems and vote tabulating equipment available to any candidate or any authorized poll agent for review to ensure there is no connectivity to the internet or to any other communications or computer network, including, but not limited to, a local area network, wireless network, cellular network or satellite network, or using bluetooth or any other wireless communications technology.
History:
L. 1977, ch. 129, § 9; L. 2007, ch. 125, § 16; L. 2022, ch. 87, § 18; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4410 Procedures for voting on paper ballots applicable to systems; sample ballots; instructions and assistance to voters.

25-4410.
Procedures for voting on paper ballots applicable to systems; sample ballots; instructions and assistance to voters.
(a) Insofar as applicable, the procedures provided for voting on paper ballots shall apply to electronic and electromechanical voting systems.
(b) The county election officer shall provide for each voting place sample ballots which shall be posted for public inspection during the hours that the polls are open on election day.
(c) Each voter shall be instructed how to operate the voting device before such voter enters the voting booth. In case any voter after entering the voting booth shall ask for further instruction concerning the manner of voting, two election board members of opposite political parties shall give such instructions to such elector, but no judge or other election officer or person assisting an elector shall in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket, or for any particular candidate, or for or against any particular amendment, question or proposition.
History:
L. 1977, ch. 129, § 10; L. 2007, ch. 125, § 17; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4411 Vote tabulation equipment; testing; notice; conditions of test; error correction; securing and retention of equipment, programs and ballots.

25-4411. Vote tabulation equipment; testing; notice; conditions of test; error correction; securing and retention of equipment, programs and ballots.
(a) The vote tabulation equipment may be located at any place within the county approved by the county election officer.
(b) Within five days prior to the date of the election, the county election officer shall have the automatic tabulating equipment tested to ascertain that the equipment will correctly count the votes cast for all offices and on all questions submitted. Public notice of the time and place of the test shall be given at least 48 hours prior thereto by publication once in a newspaper of general circulation in the county or city where such equipment is to be used and on the county website, if the county has a website. The test shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment is approved. The test shall be repeated within five business days after the completion of the canvass. The equipment, programs and ballots shall be secured and retained by the county election officer.
History:
L. 1977, ch. 129, § 11; L. 2007, ch. 125, § 18; L. 2022, ch. 87, § 19; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4413 Recount of ballots.

25-4413.
Recount of ballots.
In the case of a recount, the ballots shall be recounted in the manner provided by K.S.A. 25-4412, and amendments thereto.
History:
L. 1977, ch. 129, § 13; L. 2007, ch. 125, § 20; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4413a Hard drives of electronic or electromechanical voting systems, optical scanning equipment and other voting systems; copies thereof prohibited without consent of secretary of state; backup copy required, when.

25-4413a. Hard drives of electronic or electromechanical voting systems, optical scanning equipment and other voting systems; copies thereof prohibited without consent of secretary of state; backup copy required, when.
(a) Except as provided in subsection (b), no county election office or any employee or agent thereof shall create, or permit any other person to create, or disclose to any person an image of the hard drive of any electronic or electromechanical voting system, optical scanning equipment or any other voting system that contains a hard drive component without the written consent of the secretary of state.
(b) Each county election officer shall create a backup copy of the hard drive of any electronic or electromechanical voting system, optical scanning equipment or any other voting system that contains a hard drive component. Such backup copies shall be created immediately prior to and immediately after any system updates, repairs or improvements and prior to and after each general election. The county election officer shall maintain such backup copies in a secured location for not less than 22 months.
History:
L. 2023, ch. 79, § 6; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4414 Electronic or electromechanical voting system and poll book fraud; criminal penalty.

25-4414. Electronic or electromechanical voting system and poll book fraud; criminal penalty.
(a) Electronic or electromechanical voting system or electronic poll book fraud is:
(1) Being in unlawful or unauthorized possession of electronic or electromechanical voting system equipment, electronic poll book equipment, computer programs, operating systems, firmware, software or ballots;
(2) accessing without authorization or facilitating the unauthorized access to electronic or electromechanical voting system equipment, electronic poll book equipment, computer programs, operating systems, firmware, software or ballots;
(3) knowingly publishing or causing to be published any password or other confidential information relating to electronic or electromechanical voting system equipment, electronic poll book equipment, computer programs, operating systems, firmware or software; or
(4) intentionally tampering with, altering, disarranging, defacing, impairing or destroying any electronic or electromechanical voting system, electronic poll book or component part thereof, or any ballot used by such electronic or electromechanical voting systems.
(b) Electronic or electromechanical voting system or electronic poll book fraud is a severity level 9, nonperson felony.
History:
L. 1977, ch. 129, § 14; L. 1993, ch. 291, § 215; L. 2007, ch. 125, § 21; L. 2022, ch. 87, § 20; L. 2023, ch. 79, § 60; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4415 Adoption of rules and regulations.

25-4415. Adoption of rules and regulations.
The secretary of state may adopt rules and regulations:
(a) For the use of electronic and electromechanical voting systems to count votes under the election laws of this state;
(b) for the use of electronic poll books to process voters at polling places; and
(c) necessary for the administration of this act.
History:
L. 2007, ch. 125, § 22; L. 2022, ch. 87, § 21; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4416 Title.

25-4416.
Title.
K.S.A. 25-4401 through 25-4414, inclusive, and amendments thereto, and K.S.A. 25-4415 and 25-4416, and amendments thereto, shall be known and may be cited as the electronic and electromechanical voting systems act.
History:
L. 2007, ch. 125, § 23; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 45 - Presidential Preference Primary Election › 25-4501a Selection of presidential nominees, duty of recognized political parties; presidential preference primary election, when held; political parties not required to participate.

25-4501a. Selection of presidential nominees, duty of recognized political parties; presidential preference primary election, when held; political parties not required to participate.
(a) Except as otherwise provided, each political party that is a recognized political party in accordance with K.S.A. 25-302a, and amendments thereto, shall have procedures to select a presidential nominee and shall select a presidential nominee in accordance with such party procedures for the 2016 presidential election, and every fourth year thereafter.
(b) (1) On March 19, 2024, for each political party that is a recognized political party in accordance with K.S.A. 25-302a, and amendments thereto, there shall be held a presidential preference primary election for the purpose of electing the preferred nominee of a political party for the office of president and vice president. Except as otherwise provided, the provisions of all applicable statutes concerning elections shall apply to such election.
(2) The provisions of this subsection shall not apply to any political party that is subject to K.S.A. 25-202(b), and amendments thereto, or that has submitted written notice to the secretary of state on or before December 1, 2023, that such political party has elected to not participate in the presidential preference primary election.
History:
L. 2015, ch. 88, § 6; L. 2023, ch. 67, § 4; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 45 - Presidential Preference Primary Election › 25-4502 Presidential preference primary election; eligibility to vote; voting procedure; candidates' filing requirements and deadline; declaration of intent and fee; petition.

25-4502. Presidential preference primary election; eligibility to vote; voting procedure; candidates' filing requirements and deadline; declaration of intent and fee; petition.
(a) Every registered elector who has declared such elector's party affiliation with a political party eligible to participate in a state primary election shall have the opportunity to vote one vote at a presidential preference primary election for such elector's preference for one person to be the candidate for nomination by such candidate's party for president of the United States or for "none of the names shown." Any registered elector who has not declared such candidate's party affiliation prior to the election may make such a declaration at the polling place, and thereupon shall be permitted likewise the opportunity to vote one vote at the presidential preference primary. A vote for "none of the names shown" shall express the preference for an uncommitted delegation from Kansas to the national convention of that elector's party. Preference shall be indicated by marking with a cross or check mark inside a voting square or a darkened oval on the ballot at the left of the voter's choice, or by voting by using a voting machine.
(b) The name of any candidate for a political party nomination for president of the United States shall be printed on the ballots only if such candidate has filed the appropriate registration information with the federal election commission to become a candidate for president of the United States and one of the following is filed with the secretary of state not later than 12* noon on the date that is 60 days prior to the date of the presidential preference primary or, if such date falls on Saturday, Sunday or a holiday, not later than 12* noon the following day that is not a Saturday, Sunday or holiday:
(1) A declaration of intent to become a candidate filed by the candidate and accompanied by a fee of $10,000; or
(2) a petition in the form prescribed by K.S.A. 25-205, and amendments thereto, signed by not less than 5,000 registered electors, who are affiliated with the political party of such candidate as shown by the party affiliation list. The secretary of state shall determine the sufficiency of each such petition, and such determination shall be final.
(c) All fees received by the secretary of state pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1978, ch. 141, § 2; L. 1979, ch. 113, § 1; L. 1993, ch. 287, § 13; L. 2011, ch. 112, § 2; L. 2023, ch. 67, § 5; July 1.
* The number "12" should have been "12:00" instead.
2023 Kansas Statutes › Chapter 25 - Elections › Article 45 - Presidential Preference Primary Election › 25-4505 Canvass by county board of canvassers, when; transmittal of abstract to secretary of state.

25-4505. Canvass by county board of canvassers, when; transmittal of abstract to secretary of state.
(a) Not later than eight days after a presidential preference primary election is held, the county board of canvassers of each county shall meet at the office of the county election officer, unless another place is agreed upon and announced as provided in K.S.A. 25-3105, and amendments thereto, and canvass the vote of such preference primary. The county election officer may move the canvass to the Monday next following the election if notice of such change is published prior to the canvass in a newspaper of general circulation within the county. Upon completion of such canvass, the county election officer of each county shall prepare an abstract of the vote of the presidential preference primary election in such county as such vote is determined by the county board of canvassers and shall promptly transmit such abstract to the secretary of state no later than the tenth day after the day of the election. Each county election officer shall also post a copy of such abstract in a public place in the courthouse of such county and on the website of such county election office.
(b) Every such transmittal shall be made by use of secure email transmission or other means approved by the secretary of state. If the secretary of state fails to receive the abstract of the canvass from any county within 14 days next after the election, the secretary shall dispatch a special messenger to obtain a copy of such abstract, and the county election officer shall immediately, on demand of such messenger, make out and deliver to such messenger the copy required. The messenger shall deliver such copy to the secretary of state, and the secretary of state shall be reimbursed for the expenses of such messenger by such county.
History:
L. 1978, ch. 141, § 5; L. 1979, ch. 113, § 4; L. 2003, ch. 112, § 7; L. 2023, ch. 67, § 7; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 45 - Presidential Preference Primary Election › 25-4506 Final canvass by state board of canvassers, when; publication of number of votes for each candidate.

25-4506. Final canvass by state board of canvassers, when; publication of number of votes for each candidate.
(a) Except as provided in subsection (b), the state board of canvassers shall meet at the call of the secretary of state following a presidential preference primary election. The secretary of state shall present to the board a tabulation of the results of such election in each county. The state board of canvassers shall consider the tabulation and make such further inquiries of the secretary of state as it deems appropriate and upon the information presented by the secretary of state and such additional information as it deems appropriate to consider, determine the result of such election. Provisions of law relating to the canvass of the national and state general elections shall, as far as applicable, apply to the canvass and certification of presidential preference primary elections. As soon as such final canvass of the election is completed, the secretary of state shall publish in the Kansas register a certified statement of the candidates for president of each party and the number of votes each received on a statewide basis and for each congressional district as determined by the state board of canvassers. Such report of the final canvass shall be published on the secretary of state's website.
(b) For any presidential preference primary election held in 2024, the state board of canvassers shall meet on or before April 12, 2024.
History:
L. 1978, ch. 141, § 6; L. 1979, ch. 113, § 5; L. 1981, ch. 324, § 13; L. 2023, ch. 67, § 8; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 45 - Presidential Preference Primary Election › 25-4507 Certification of election results to political party; selection of delegates and alternates to national party, convention; binding of delegates and alternates; adoption, filing and publication of party rules.

25-4507. Certification of election results to political party; selection of delegates and alternates to national party, convention; binding of delegates and alternates; adoption, filing and publication of party rules.
(a) Upon completion of the state canvass of the results of the presidential preference primary, the secretary of state shall certify to the state chairperson of each political party participating in the presidential preference primary the number of votes received by each candidate of that party and the number of votes for an uncommitted delegation received by that party.
(b) Delegates and alternates to a national party convention shall be selected by a party at its state convention, or as otherwise provided by party rules adopted by the committees of the political parties. The number of delegates and the number of alternates to a national party convention shall be determined according to party rules. Delegates and alternates to a national party convention shall be selected in the manner prescribed by party rules. The binding of delegates and alternates to a national party convention shall be determined by party rules. All such rules shall be filed with the secretary of state not later than January 2, 1992, and not later than January 2 every fourth year thereafter and such rules shall be published on the secretary of state's website.
History:
L. 1978, ch. 141, § 7; L. 1979, ch. 113, § 6; L. 1990, ch. 129, § 4; L. 2023, ch. 67, § 9; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 45 - Presidential Preference Primary Election › 25-4508 Payment of election expenses; reimbursement and payment for certain expenses; audit of amounts.

25-4508.
Payment of election expenses; reimbursement and payment for certain expenses; audit of amounts.
Not later than sixty (60) days following a presidential preference primary election held pursuant to this act, the board of county commissioners of each county shall certify to the secretary of state the amount of all necessary direct expenses incurred by the county in conducting the presidential preference primary election. In the event any election is held on the same day as the presidential preference primary election the direct costs solely attributable thereto shall be paid by the county and the subdivision of government responsible therefor shall reimburse the county. Payment for such expenses shall be made to the county treasurer of the county upon warrants of the director of accounts and reports pursuant to vouchers approved by the secretary of state. Upon receipt of such payment and reimbursements, the county treasurer shall deposit the entire amount thereof in the county election fund, if there is one and if there is not then the county general fund.
The secretary of state, with the advice of the director of accounts and reports, shall determine the correctness of each amount certified under this section and adjust any discrepancies discovered before approving vouchers for payment to any county.
History:
L. 1978, ch. 141, § 9; L. 1979, ch. 113, § 7; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4601 Definitions.

25-4601.
Definitions.
As used in this act unless the context otherwise requires:
(a) "Ballot" means a paper ballot on which candidates' names or questions are printed and which is designed to receive opaque marks which can be detected by optical scanning equipment and which is capable of being counted manually.
(b) "Optical scanning equipment" means apparatus designed to examine and detect opaque marks on ballots which represent votes and count and tabulate those votes by electronic methods.
(c) "System" means an optical scanning system of automatically counting and tabulating ballots with optical scanning equipment.
(d) "Precinct count voting system" means an optical scanning voting system that tabulates ballots at the polling place.
(e) "Central count voting system" means an optical scanning voting system that tabulates ballots from multiple precincts at a central location. Voted ballots are placed into secure storage at the polling place and transported to a central counting location.
History:
L. 1982, ch. 158, § 1; L. 2007, ch. 125, § 24; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4602 Optical scanning equipment; bonds for purchase or lease; authorization by county officers; abandonment of system.

25-4602.
Optical scanning equipment; bonds for purchase or lease; authorization by county officers; abandonment of system.
(a) The board of county commissioners and the county election officer of any county may provide for use of a system using optical scanning equipment to be used in the county at national, state, county, township, city and school primary and general elections and in question submitted elections.
(b) The board of county commissioners of any county in which the board and county election officer have determined that a system using optical scanning equipment shall be used may issue bonds, without an election, to finance and pay for purchase, lease or rental of such a system and optical scanning equipment.
(c) The board of county commissioners and the county election officer of any county may adopt, experiment with or abandon any system using optical scanning equipment authorized under this act and approved by the secretary of state for use in the state and may use such a system in all or any part of the voting areas within the county or in combination with an electronic or electromechanical voting system or with regular paper ballots. Whenever the secretary of state rescinds approval of any such system or optical scanning equipment, the board of county commissioners and the county election officer shall abandon such system until changes therein required by the secretary of state have been made, or if the secretary of state advises that acceptable changes cannot be made therein, such abandonment shall be permanent.
History:
L. 1982, ch. 158, § 2; L. 2007, ch. 125, § 25; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4603 Same; secretary of state to approve kinds and makes of systems; certification for use.

25-4603.
Same; secretary of state to approve kinds and makes of systems; certification for use.
The secretary of state shall examine and approve the kinds or makes of systems using optical scanning equipment, including operating systems, firmware and software, and no kind or make of such system shall be used at any election unless and until it receives certification by the secretary of state and a statement thereof is filed in the office of the secretary of state.
History:
L. 1982, ch. 158, § 3; L. 2007, ch. 125, § 26; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4604 Same; request for examination; cost payment; notice and hearing; review of approved systems.

25-4604.
Same; request for examination; cost payment; notice and hearing; review of approved systems.
(a) Any person, firm or corporation desiring to sell any kind or make of system using optical scanning equipment to counties in this state may make a request in writing of the secretary of state to examine the kind or make of the system using optical scanning equipment which it desires to sell and shall accompany the request with a certified check in the amount of $250 payable to the secretary of state, and shall furnish at its own expense such optical scanning equipment and other items necessary for operation of such system to the secretary of state for use in examining such equipment and system. The secretary of state may require such person, firm or corporation to furnish a competent person to explain the system and demonstrate by the operation of such system that such system complies with state and federal laws. The secretary of state may employ a competent person or persons to assist in the examination and to advise the secretary as to the sufficiency of such system and equipment and to pay such persons reasonable compensation therefor. The costs of employment and other costs associated with the approval of such system shall be paid by the applicant.
(b) The secretary of state may require a review of any theretofore approved system using optical scanning equipment and the operation thereof. Such review shall be commenced by the secretary of state giving written notice to the person, firm or corporation which sought approval of the system and to each county election officer and county commissioner of counties known to have purchased, leased or rented any such system or equipment. Such notice shall fix a time and place of hearing at which those persons wishing to be heard may appear and give oral or written testimony and explanation of the system, its optical scanning equipment and operation and experience had therewith. After such hearing date and after such review as the secretary of state deems appropriate, the secretary of state may renew approval of the system and such equipment, require changes therein for continued approval thereof or rescind approval previously given on either a conditioned or permanent basis.
(c) The secretary of state may appoint persons to assist county election officers or county commissioners in the testing of any system using optical scanning equipment and the programs of the system.
History:
L. 1982, ch. 158, § 4; L. 2007, ch. 125, § 27; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4606 Same; care and storage of equipment.

25-4606.
Same; care and storage of equipment.
The board of county commissioners shall provide for the storage of optical scanning equipment. The county election officer shall be in complete charge of the system and its equipment and safekeeping thereof when not in use and keeping such equipment in repair and working order and shall see that such equipment is delivered to the central tabulating area in time for all arrangements to be made and for the system to be ready for use at the hour of opening the polls. After the election, the county election officer shall see that the system and its equipment is returned to the place of storage, or are secured for on-site storage.
History:
L. 1982, ch. 158, § 6; April 29.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4607 Ballots; printing and design.

25-4607.
Ballots; printing and design.
The ballot information shall be in the order of arrangement provided for in article 6, chapter 25 of Kansas Statutes Annotated for official ballots. Such information may be printed on both sides of one ballot or on more than one ballot. Nothing in this act shall be construed as prohibiting the use of multiple ballots when the information for any election exceeds the capacity of a single ballot. Voting squares or ovals may be placed before or after the names of candidates and statements of questions or on a separate paper corresponding to the ballot upon which the names of candidates and statements of questions appear. Voting squares or ovals shall be of such size as is compatible with the system used. Ballots shall be printed on paper and with ink compatible with the system used and the information printed in as plain clear type and size as the ballot spaces permit. On each ballot shall be printed a box, which shall be placed on the ballot in such a manner so as not to interfere with the scanning of the ballot. Such box shall be provided to allow for the insertion of a unique mark designated by the county election officer to verify the authenticity of the ballot.
History:
L. 1982, ch. 158, § 7; L. 1992, ch. 6, § 6; L. 1999, ch. 105, § 11; L. 2007, ch. 125, § 28; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4608 Voting procedures applicable.

25-4608.
Voting procedures applicable.
Insofar as applicable, the procedures provided for voting on regular paper ballots shall apply when optical scanning equipment is to be used. Prior to delivering any ballot to the voter, the board worker should place a unique mark in the box printed at the bottom of the ballot. A unique mark shall be of such a manner so as not to identify any individual ballot and shall be consistent on every ballot delivered to a voter in the voting place.
History:
L. 1982, ch. 158, § 8; L. 1992, ch. 6, § 7; February 27.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4609 Marking ballots; instruction; voter assistance; procedure.

25-4609.
Marking ballots; instruction; voter assistance; procedure.
(a) Each voter shall be instructed how to mark the ballot before such voter enters the voting booth. The voter shall also be instructed to place such person's ballot or ballots in a ballot sleeve or other container after voting, in order that no votes are exposed.
(b) In case any elector after entering the voting booth asks for further instruction concerning the manner of voting, two election board members of opposite political parties shall give such instruction to such elector, but no election board member or other election officer or person assisting an elector shall in any manner request, suggest or seek to persuade or induce any elector to vote for or against any candidate, question or ticket.
(c) After the voter has marked the ballot or ballots, the voter shall place it or them in the ballot sleeve provided for this purpose and return it to the judge. The judge shall verify the unique mark on the ballot and deposit the ballot in the ballot box.
History:
L. 1982, ch. 158, § 9; L. 1987, ch. 131, § 1; L. 1992, ch. 6, § 8; L. 2007, ch. 125, § 29; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4610 Testing of equipment before election; notice; additional tests; disposition of ballots and programs.

25-4610. Testing of equipment before election; notice; additional tests; disposition of ballots and programs.
(a) The optical scanning equipment may be located at any place within the county approved by the county election officer.
(b) Within five days prior to the date of the election, the county election officer shall have the optical scanning equipment tested to ascertain that the equipment will correctly count the votes cast for all offices and on all questions submitted. Public notice of the time and place of the test shall be given at least 48 hours prior thereto by publication once in a newspaper of general circulation in the county where such equipment is to be used and on the county website, if the county has a website. The test shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots marked as to record a predetermined number of valid votes for each candidate and on each question submitted, and shall include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning equipment to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the optical scanning equipment is approved. The test shall be repeated within five business days after the completion of the canvass. The programs and ballots shall be sealed, retained and disposed of in the same manner as paper ballots.
History:
L. 1982, ch. 158, § 10; L. 2007, ch. 125, § 30; L. 2022, ch. 87, § 22; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4611 Procedure when polls are closed; comparison count; ballots to counting location; public counting; manual count, when; advance voting ballots; printing and posting of tabulated return.

25-4611.
Procedure when polls are closed; comparison count; ballots to counting location; public counting; manual count, when; advance voting ballots; printing and posting of tabulated return.
(a) As soon as the polls are closed, the supervising judge shall count the number of ballots or envelopes containing ballots that have been cast to determine that the number of ballots equals the number of voters shown on the poll book. If there is a discrepancy, this fact shall be reported in writing to the county election officer with the reasons therefor if known.
(b) The election judge shall place all ballots that have been cast in the container provided for the purpose, which shall be sealed and delivered by two election board members who shall not be of the same political party, to the counting location together with the provisional, unused, void and defective ballots and returns.
(c) All proceedings at the counting location shall be under the direction of the county election officer and under the observation of two election board members who shall not be of the same political party and shall be open to the public, but no persons except those employed and authorized for the purpose shall touch any ballot, ballot container or return. If any ballot is damaged or defective so that it cannot properly be counted by the optical scanning equipment, it shall be counted manually.
(d) Advance voting ballots may be counted by the optical scanning equipment if they have been marked in a manner which will enable them to be properly counted by such equipment. If any advance voting ballot is damaged or defective so that it cannot properly be counted by the optical scanning equipment, it shall be counted manually.
(e) The return printed by the optical scanning equipment, to which has been added the return of write-in and advance voting votes and manually counted votes, shall constitute the official return of each precinct or voting area. Upon completion of the count the returns shall be open to the public. A copy of the returns shall be posted at the office of the county election officer.
(f) If for any reason it becomes impracticable to count all or a part of the ballots with optical scanning equipment, the county election officer may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.
History:
L. 1982, ch. 158, § 11; L. 1995, ch. 192, § 50; L. 2007, ch. 125, § 31; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4612 Optical scanning equipment fraud; criminal penalty.

25-4612. Optical scanning equipment fraud; criminal penalty.
(a) Optical scanning equipment fraud is:
(1) Being in unlawful or unauthorized possession of ballots, optical scanning equipment, computer programs, operating systems, firmware or software;
(2) accessing without authorization or facilitating the unauthorized access to optical scanning equipment;
(3) knowingly publishing or causing to be published any password or other confidential information relating to optical scanning equipment; or
(4) intentionally tampering with, altering, disarranging, defacing, impairing or destroying any optical scanning equipment or component part thereof, or any ballot, operating system, firmware or software used by a system.
(b) Optical scanning equipment fraud is a severity level 9, nonperson felony.
History:
L. 1982, ch. 158, § 12; L. 1993, ch. 291, § 216; L. 2007, ch. 125, § 32; L. 2023, ch. 79, § 61; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4613 Specifications for optical scanning systems and equipment.

25-4613. Specifications for optical scanning systems and equipment.
Optical scanning equipment and systems using optical scanning equipment approved by the secretary of state:
(a) Shall be capable of being tested to ascertain that the equipment will correctly count votes cast for all offices and on all questions submitted;
(b) shall be capable of printing in legible form, reports and summaries of the election results as required by articles 30 and 31 of chapter 25 of Kansas Statutes Annotated, and amendments thereto;
(c) shall be capable of tabulating votes for candidates for nomination or election of all political parties officially recognized pursuant to K.S.A. 25-302a, and amendments thereto;
(d) shall be capable of tabulating votes for any independent candidate of any office;
(e) shall be capable of tabulating votes for constitutional amendments or other questions submitted;
(f) shall be capable of tabulating the number of "write-in" votes cast for any office;
(g) shall not count any votes for an office or upon a question submitted when the voter has cast more votes for such office or upon such question than the voter is entitled to cast;
(h) shall provide notification when the voter has cast more votes for such office or upon such question than the voter is entitled to cast;
(i) shall meet the requirements of the help America vote act of 2002 and other federal statutes and regulations governing voting equipment; and
(j) shall not have the capability nor shall any component of an optical scanning system have the capability to be connected to the internet or to any other communications or computer network, including, but not limited to, a local area network, wireless network, cellular network or satellite network, or to use bluetooth or any other wireless communications technology.
History:
L. 1982, ch. 158, § 13; L. 2007, ch. 125, § 33; L. 2022, ch. 87, § 23; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4614 Rules and regulations.

25-4614.
Rules and regulations.
The secretary of state may adopt rules and regulations:
(a) For the use of optical scanning systems to count votes under the election laws of this state; and
(b) necessary for the administration of this act.
History:
L. 2007, ch. 125, § 34; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 46 - Optical Scanning Systems To Count Votes › 25-4615 25-4615.Title.

25-4615.
Title.
K.S.A. 25-4601 through 25-4613, inclusive, and amendments thereto, and K.S.A. 25-4614 and 25-4615, and amendments thereto, shall be known and may be cited as the optical scanning voting systems act.
History:
L. 2007, ch. 125, § 35; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4701 Citation of act.

25-4701.
Citation of act.
K.S.A. 25-4701 through 25-4716, and amendments thereto, shall be known and may be cited as the help America vote act of 2002 administrative complaint act.
History:
L. 2004, ch. 25, § 17; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4702 Purpose.

25-4702.
Purpose.
Scope. This act provides a uniform, nondiscriminatory administrative procedure for the resolution of any complaint alleging a violation of any provision of title III of the "help America vote act of 2002," including a violation that has occurred, is occurring, or is about to occur.
History:
L. 2004, ch. 25, § 18; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4703 Definitions.

25-4703. Definitions.
As used in this act:
(a) "Arbitrator" means a neutral third party selected by the secretary of state who resolves the dispute between the complainant and respondent, and whose decision is final.
(b) "Complainant" means the person who files a complaint with the Kansas secretary of state under this act.
(c) "Respondent" means any state or local election official whose actions are asserted to be in violation of title III in a complaint filed under this act.
(d) "Title III" means title III of the help America vote act of 2002, public law 107-252, 116 Stat. 1666 (2002), codified at 52 U.S.C. §§ 21081-21102.
History:
L. 2004, ch. 25, § 19; L. 2023, ch. 79, § 62; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4704 Filing of complaint.

25-4704.
Filing of complaint.
Any person who believes that a violation of any provision of title III is occurring, has occurred, or is about to occur, may file a complaint with the secretary of state.
History:
L. 2004, ch. 25, § 20; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4705 Form of complaint.

25-4705.
Form of complaint.
(a) A complaint shall be made in writing and signed by the complainant under oath before a notary public.
(b) The complaint shall be submitted on a form prescribed by the secretary of state. The complaint form shall be available from the secretary of state or from any county election office.
History:
L. 2004, ch. 25, § 21; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4706 Time limits for filing complaints.

25-4706.
Time limits for filing complaints.
(a) A complaint shall be filed with the secretary of state within 30 days after the occurrence of the actions or events that form the basis for the complaint. For violations that are occurring or about to occur that may need immediate remedy, the complaint shall be timely filed to allow for resolution.
(b) The secretary of state shall deliver a copy of the complaint to each respondent.
(c) If the secretary of state is the respondent in the complaint, the complaint shall be filed and reviewed by the Kansas department of administration and all references to the secretary of state as the determinative body contained in this act shall be construed to refer to the Kansas department of administration.
History:
L. 2004, ch. 25, § 22; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4707 Consolidation of complaints.

25-4707.
Consolidation of complaints.
The secretary of state may consolidate complaints if such complaints relate to the same actions or events or raise common questions of law or fact.
History:
L. 2004, ch. 25, § 23; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 47 - Help America Vote Act Of 2002 Administrative Complaint Act › 25-4708 Record; contents.

25-4708.
Record; contents.
(a) The secretary of state shall compile and maintain an official record in connection with each complaint filed under this act.
(b) The official record shall contain:
(1) A copy of the complaint, including any amendments made with the permission of the secretary of state;
(2) a copy of any written submission by the complainant;
(3) a copy of any written response by any respondent or other interested person;
(4) any written report or review conducted by the secretary of state or county election officials;
(5) copies of all notices and correspondence to or from secretary of state in connection with the complaint;
(6) originals or copies of any tangible evidence received or considered;
(7) the original recording produced at any hearing conducted on the complaint, and a copy of any transcript produced on the complaint; and
(8) a copy of any final determination made on the complaint.
History:
L. 2004, ch. 25, § 24; July 1.