reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 25 - Elections › Article 24 - Election Crimes › 25-2436 Transparency in revenues underwriting elections act; prohibiting receipt and expenditure of certain moneys by election officials; penalty.

25-2436. Transparency in revenues underwriting elections act; prohibiting receipt and expenditure of certain moneys by election officials; penalty.
(a) The provisions of this section shall be known and may be cited as the transparency in revenues underwriting elections act.
(b) As used in this section:
(1) "Election official" means any county election officer or the chief state election official, as such terms are defined in K.S.A. 25-2504, and amendments thereto, and any officer or employee of such election official.
(2) "Person" means any individual, corporation, partnership, company, organization, political party, political committee or any other private entity.
(c) No election official shall knowingly accept or expend any moneys, directly or indirectly, from any person, except as provided in any acts of appropriation or as otherwise provided by law, for any expenditures related to conducting, funding or otherwise facilitating the administration of an election pursuant to law.
(d) The provisions of this section shall not apply to:
(1) Any moneys collected by an election official from the payment of fees or assessed costs as required by law; or
(2) any moneys received as campaign contributions for any candidate for the office of county clerk.
(e) A violation of this section is a severity level 9, nonperson felony.
History:
L. 2021, ch. 96, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 24 - Election Crimes › 25-2437 Transmission or delivery of advance voting ballots on behalf of another voter; sworn statement required; limitations; penalties.

25-2437. Transmission or delivery of advance voting ballots on behalf of another voter; sworn statement required; limitations; penalties.
(a) No person shall knowingly transmit or deliver an advance voting ballot to the county election officer or polling place on behalf of a voter who is not such person, unless the person submits a written statement accompanying the ballot at the time of ballot delivery to the county election officer or polling place as provided in this section. Any written statement shall be transmitted or signed by both the voter and the person transmitting or delivering such ballot and shall be delivered only by such person. The statement shall be on a form prescribed by the secretary of state and shall contain:
(1) A sworn statement from the person transmitting or delivering such ballot affirming that such person has not:
(A) Exercised undue influence on the voting decision of the voter; or
(B) transmitted or delivered more than 10 advance voting ballots on behalf of other persons during the election in which the ballot is being cast; and
(2) a sworn statement by the voter affirming that:
(A) The voter has authorized such person to transmit or deliver the voter's ballot to a county election officer or polling place; and
(B) such person has not exercised undue influence on the voting decision of the voter.
(b) (1) No candidate for office shall knowingly transmit or deliver an advance voting ballot to the county election officer or polling place on behalf of a voter who is not such person, except on behalf of an immediate family member of such candidate.
(2) For purposes of this subsection, the term "candidate for office" means an individual who has declared such individual's candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the voter applied for an advance voting ballot.
(c) No person shall transmit or deliver more than 10 advance voting ballots on behalf of other voters during an election.
(d) (1) A violation of subsection (a) or (b) is a severity level 9, nonperson felony.
(2) A violation of subsection (c) is a class B misdemeanor.
History:
L. 2021, ch. 96, § 2; L. 2022, ch. 87, § 6; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 24 - Election Crimes › 25-2438 False representation of an election official.

25-2438. False representation of an election official.
(a) False representation of an election official is knowingly engaging in any of the following conduct by phone, mail, email, website or other online activity or by any other means of communication while not holding a position as an election official:
(1) Representing oneself as an election official;
(2) engaging in conduct that gives the appearance of being an election official; or
(3) engaging in conduct that would cause another person to believe a person engaging in such conduct is an election official.
(b) False representation of an election official is a severity level 7, nonperson felony.
(c) As used in this section, "election official" means the secretary of state, or any employee thereof, any county election commissioner or county clerk, or any employee thereof, or any other person employed by any county election office.
History:
L. 2021, ch. 96, § 3; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2501 Definitions.

25-2501.
Definitions.
As used in this act, the words and phrases set out in K.S.A. 25-2502 to 25-2507 shall have the meanings respectively ascribed to them unless the context requires a different meaning.
History:
L. 1968, ch. 406, § 1; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2502 Types of elections defined; dates for primary and general elections specified.

25-2502. Types of elections defined; dates for primary and general elections specified.
(a) "General election" means the elections held on the Tuesday following the first Monday in November of both even-numbered and odd-numbered years, and in the case of an election of any officers to fill vacancies held on a date other than the Tuesday following the first Monday in November, the election at which any such officer is finally elected.
(b) "Primary election" means the elections held on the first Tuesday in August of both even-numbered and odd-numbered years and any other preliminary election held on a date other than the first Tuesday in August at which part of the candidates for election to any national, state, county, township, city, school or other municipal office are eliminated by the process of the election but at which no officer is finally elected.
(c) "Special election" means any election that is not a general or primary election, including, but not limited to, any mail ballot election conducted pursuant to K.S.A. 25-431 et seq., and amendments thereto. A special election shall not be held within 45 days of a general or primary election but may be held on the same day as a general or primary election.
History:
L. 1968, ch. 406, § 2; L. 1983, ch. 123, § 5; L. 2015, ch. 88, § 59; L. 2023, ch. 79, § 37; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2503 Same; national, state, county, city, school and township elections; question submitted election.

25-2503.
Same; national, state, county, city, school and township elections; question submitted election.
(a) "National election" means the election of members of the United States house of representatives, members of the United States senate or members of the United States presidential electoral college.
(b) "State election" means the election of state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County election" means the election of such county officers as are provided by law to be elected.
(d) "City election" means the election of such city officers as are provided by law to be elected.
(e) "School election" means the election of members of the governing body of a school district or a community college.
(f) "Township election" means the election of such township officers as are provided by law to be elected.
(g) "Question submitted election" means any election at which a special question is to be voted on by the electors of the state or a part of them.
History:
L. 1968, ch. 406, § 3; L. 1970, ch. 143, § 1; L. 1976, ch. 181, § 9; L. 1986, ch. 115, § 77; January 12, 1987.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2504 Same; county election officer; chief state election official.

25-2504.
Same; county election officer; chief state election official.
"County election officer" means the election commissioner in counties having an election commissioner, and the county clerk in counties which do not have an election commissioner.
"Chief state election official" means the secretary of state.
History:
L. 1968, ch. 406, § 4; L. 1996, ch. 187, § 15; April 25.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2505 Same; national, state, county, city, school and township offices and officers.

25-2505.
Same; national, state, county, city, school and township offices and officers.
(a) "National office" or "national officer" means the office or members of the United States house of representatives, members of the United States senate and members of the United States presidential electoral college.
(b) "State office" or "state officer" means the state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County office" or "county officer" means such county officers as are provided by law to be elected.
(d) "City office" or "city officer" means such city officers as are provided by law to be elected.
(e) "School office" or "school officer" means members of the governing body of any school district or community college.
(f) "Township office" or "township officer" means the trustee, treasurer and clerk of a township.
History:
L. 1968, ch. 406, § 5; L. 1974, ch. 166, § 35; L. 1976, ch. 181, § 10; L. 1986, ch. 115, § 78; January 12, 1987.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2506 Same; election boards; voting place and area.

25-2506.
Same; election boards; voting place and area.
(a) "Election board" means a board consisting of any odd number of persons all of whom shall be appointed as provided in this act.
(b) "Voting place" means a place designated as provided by law for voters to vote.
(c) "Area" means territory served by one voting place and may include part or all of one or more precincts or voting districts.
History:
L. 1968, ch. 406, § 6; L. 1969, ch. 193, § 1; L. 1975, ch. 213, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2507 Poll book, registration book, party affiliation list; declaration; abstract.

25-2507. Poll book, registration book, party affiliation list; declaration; abstract.
(a) "Poll book" means a book in which each voter may sign the voter's signature and a number is assigned by one of the clerks of the election board when the voter is given a ballot or set of ballots. If the county election officer determines that voters shall sign the poll book, such book shall also contain on each page the declaration prescribed by subsection (d).
(b) "Registration book" means:
(1) A book or list containing the names and other information relating to registered voters. Registration books shall have the names entered therein before the same or copies thereof are delivered to the supervising judges. Registration books may also contain blank lines on which each voter shall sign the voter's signature. If the county election officer determines that voters shall sign the registration book, such book shall also contain on each page the declaration prescribed by subsection (d); or
(2) a book meeting the requirements of paragraph (1), and containing:
(A) Blank lines on which each voter shall sign the voter's signature;
(B) the declaration prescribed by subsection (d) on each page of the book; and
(C) the numbers assigned by one of the clerks of the election board when voters are given ballots or sets of ballots.
(c) "Party affiliation lists" means a list containing the names of all registered voters of a county who have lawfully designated a party affiliation.
(d) "Declaration" means the following: "I, the undersigned, declare under penalty of perjury that I am a registered voter in the state of Kansas, county of ________, that I have not signed a name other than my own in order to represent myself as any other registered voter, and that I am qualified to vote and have not previously voted and will not vote again in the election held on this date, in this or any other jurisdiction in the United States, for any offices or ballot issues."
(e) "Abstract" means a list of election results for a particular precinct or district with the total votes for each candidate for elected office or the total votes for and against any constitutional amendment or question presented on the ballot.
History:
L. 1968, ch. 406, § 7; L. 1972, ch. 144, § 1; L. 1994, ch. 190, § 1; L. 2004, ch. 25, § 10; L. 2015, ch. 87, § 8; L. 2023, ch. 79, § 38; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 25 - Election Definitions Of General Application › 25-2508 Statutory construction relating to age for election purposes.

25-2508.
Statutory construction relating to age for election purposes.
Whenever, in any statute relating to elections which was in effect prior to April 6, 1971, there is a provision fixing twenty-one (21) years as a minimum age for purposes of voting, registration, or any other purpose concerning elections, such provision shall be construed as fixing such age at eighteen (18) years.
History:
L. 1972, ch. 126, § 1; March 20.
2023 Kansas Statutes › Chapter 25 - Elections › Article 26a - Precinct Boundaries › 25-26a02 Precinct boundaries; establishment or change; requirements; designation of precincts; municipal and township enclaves; legislative districts.

25-26a02.
Precinct boundaries; establishment or change; requirements; designation of precincts; municipal and township enclaves; legislative districts.
Election precincts in all counties of the state shall be established or changed by county election officers in such a manner that:
(a) Except as otherwise provided in this section, each election precinct shall be composed of contiguous and compact areas having clearly observable boundaries using visible ground features which meet the requirements of the federal bureau of the census and which coincide with census block boundaries as established by the federal bureau of the census and shall be wholly contained within any larger district from which any municipal, township or county officers are elected;
(b) election precincts for election purposes shall be designated consecutively in the county by number or name, or a combination of name and number;
(c) any municipal exclave or township enclave shall be a separate precinct and designated by a separate number or name, or combination of name and number, and shall not be identified with or as a part of any other municipal or township precinct;
(d) from and after the time that the legislature has been redistricted in 1992, precincts shall be arranged so that no precinct lies in more than one legislative district;
(e) a street or other roadway which has been platted but not graded is not a visible or observable feature for the purposes of this section; and
(f) where a legislative district boundary coincides with a municipal boundary which is changed by reason of annexation, such legislative district boundary shall be maintained as a precinct boundary until the next legislative redistricting regardless of whether such a legislative district boundary uses a visible ground feature or coincides with a census block boundary.
History:
L. 1987, ch. 123, § 2; L. 1990, ch. 127, § 1; April 19.
2023 Kansas Statutes › Chapter 25 - Elections › Article 26a - Precinct Boundaries › 25-26a03 Period in which change is prohibited; exceptions.

25-26a03. Period in which change is prohibited; exceptions.
(a) Notwithstanding any other law or provisions to the contrary, no election precinct shall be created, divided, abolished or consolidated or the boundaries thereof changed:
(1) During the period four months prior to each primary election and the succeeding general election; or
(2) between January 1 of a year the last digit of which is 0 and the time when the legislature has been redistricted in a year the last digit of which is 2, except in the following cases:
(A) If required by the creation of a political subdivision, new precincts may be created.
(B) If there is an alteration of a political subdivision by annexation, new precincts may be created.
(C) If a political subdivision annexes an area adjacent to the political subdivision boundary, the annexed area may be included in a precinct immediately adjacent to it, if the annexed area is in the same legislative district.
(D) A municipality or county election officer may establish new election precincts lying entirely within the boundaries of any existing precinct and shall designate the new precincts by name or number, or a combination of name and number, including the designated name or number of the former precinct.
(E) If required to conform and coincide with a federal census block boundary established by the federal bureau of the census, a county election officer may change precinct boundaries.
(b) When necessary to comply with the provisions of this act, not less than 45 days after the legislature has been redistricted, or by June 1 in a year the last digit of which is 2, whichever occurs first, precinct boundaries shall be reestablished.
History:
L. 1987, ch. 123, § 3; L. 1990, ch. 127, § 2; L. 2023, ch. 79, § 39; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 26a - Precinct Boundaries › 25-26a04 Same; maps; requirements; word description; filing with secretary of state; notification of change.

25-26a04.
Same; maps; requirements; word description; filing with secretary of state; notification of change.
(a) Each county election officer shall provide and maintain a suitable map or maps drawn to a scale no smaller than 1/2 mile to the inch in incorporated places and urban areas and no smaller than two miles to the inch in rural areas and clearly delineating all major observable features such as roads, streams, and railway lines and other visible ground features which meet the requirements of the federal bureau of the census for use as census block boundaries and showing the current geographical boundaries of each election precinct, representative district and senatorial district in the county. A street or other roadway which has been platted but not graded is not a visible or observable feature for the purposes of this section. The names of the features, including municipal boundaries, which constitute the boundaries of the precincts shall be shown clearly on the map or maps. The names or designations of the precincts shall be marked on the map or maps. A word description of the geographical boundaries shall be attached to each map. Such map, with attached description, shall be a public record.
(b) Each county election officer shall send a copy of each map or maps with attached description to the secretary of state. Such copies shall be public records.
(c) The county election officer shall notify the secretary of state in writing at least 30 days before any change in a political subdivision boundary or any changes in the boundaries or the reorganization of election precincts become effective and shall furnish a copy of the map or maps showing the current geographical boundaries, designation and word description of each new election precinct. The visible ground features of changed or new precinct boundaries shown on the map or maps, if not coinciding with an existing census block as established by the federal bureau of the census, shall be documented for actual physical existence using either topographical quadrangles of the United States Geological Survey or aerial photography or a plat of the precinct boundaries certified by a licensed engineer or licensed land surveyor and clearly stating and certifying that such engineer or surveyor has personally viewed the precinct boundaries and observed the actual physical existence of the visible ground features delineating such boundaries.
History:
L. 1987, ch. 123, § 4; L. 1988, ch. 121, § 1; L. 1990, ch. 127, § 3; April 19.
2023 Kansas Statutes › Chapter 25 - Elections › Article 26a - Precinct Boundaries › 25-26a05 Same; review of maps by secretary of state; approval or rejection; boundaries established by secretary of state, when.

25-26a05.
Same; review of maps by secretary of state; approval or rejection; boundaries established by secretary of state, when.
(a) The secretary of state shall promptly review all precinct maps submitted pursuant to K.S.A. 25-26a04, and amendments thereto, for compliance with the provisions of this act. The secretary of state shall promptly notify the appropriate county election officer as to whether or not such precinct maps are in compliance with the provisions of this act. Those precinct maps determined not to be in compliance with this act shall be rejected and returned to the appropriate county election officer with a written statement of noncompliance setting forth those instances where the map is in default. The appropriate county or city officials shall be notified forthwith of the rejection by the county election officer and shall make the required adjustments and resubmit the corrected precinct map or maps within 30 days after receiving notice of noncompliance. Notwithstanding other law to the contrary, changes in precinct boundaries shall not be effective and shall not be used for the conduct of any election until the secretary of state has determined the precinct maps are in compliance with the provisions of this act.
(b) If the initial or corrected precinct maps as required in this act are not filed by the deadlines set forth in this act, the secretary of state is hereby authorized and required to establish where necessary appropriate precinct boundaries in compliance with the provisions of this act, notwithstanding other law to the contrary providing or establishing authority for any county or city official to establish precinct boundaries. The secretary of state will notify the appropriate county election officer of any precincts established under the provisions of this subsection, and the county election officer immediately shall notify the appropriate city or county officials who shall forthwith adopt as the official precincts those precincts established by the secretary of state.
History:
L. 1987, ch. 123, § 5; L. 1990, ch. 127, § 4; April 19.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2701 Designation of areas and voting places; restrictions on changing voting places prior to an election; voting at any voting place if approved by county election officer; mailed notice; counting and canvass of ballots in certain precincts having less than 20 registered voters.

25-2701. Designation of areas and voting places; restrictions on changing voting places prior to an election; voting at any voting place if approved by county election officer; mailed notice; counting and canvass of ballots in certain precincts having less than 20 registered voters.
(a) (1) The county election officer shall determine the area to be served by each voting place at every election and shall provide notice of such voting places as required by law. At the discretion of the county election officer, all voters within a county may be allowed to vote at any polling location on election day, provided all rules and regulations are followed as established by the secretary of state for such purpose.
(2) Any precinct having less than 20 registered voters shall be included with an adjacent precinct or precincts in a single area to be served by a common voting place. The location of voting places shall be designated by the county election officer as provided by K.S.A. 25-2703, and amendments thereto.
(b) For any election to which this section is applicable, wherever a city is located in two counties, the county election officer of the county in which the greater population of the city is located may designate a voting place located in a portion of the city in the other county to serve an area within that portion of the city within the county in which the greater population of the city is located.
(c) At voting places serving two or more precincts, one or more of which have less than 20 registered voters, all ballots which are identical shall be deposited in the same ballot box or boxes and such votes shall be counted and canvassed in a manner as to minimize the possibility of identifying the ballots cast by any voter.
(d) (1) The county election officer may not change a voting place prior to an election without providing mailed notice to the voters affected at least 30 days prior to the election. If an emergency is declared by the county election officer, the mailed notice requirement shall be waived.
(2) Failure to receive notice of a change in the voting place shall not give rise to a cause of action challenging the results of the election.
History:
L. 1968, ch. 406, § 15; L. 1977, ch. 140, § 1; L. 1991, ch. 103, § 1; L. 2017, ch. 49, § 8; L. 2019, ch. 36, § 2; April 25.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2702 Townships; division into precincts; publication of notice of such division.

25-2702. Townships; division into precincts; publication of notice of such division.
The county election officer may establish more than one precinct in any township or divide any township into precincts. Such division shall be made by a declaration made at least 90 days before any county or state primary or general election. Notice of such division, showing the boundaries of each precinct, shall be published once each week for three consecutive weeks in a newspaper of general circulation in the county in which such township is located. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. A division once made shall remain the same until changed by subsequent declaration and publication notice as herein required. Upon making such division into precincts, the county election officer shall designate the boundaries of each precinct. A voter shall not be eligible to vote at any national, state, county or township election in any voting area other than the one in which such voter resides.
History:
R.S. 1923, 25-103; L. 1927, ch. 200, § 1; L. 1937, ch. 223, § 1; L. 1961, ch. 197, § 2; L. 1968, ch. 406, § 60; L. 1970, ch. 144, § 1; L. 1977, ch. 141, § 1; L. 2023, ch. 79, § 40; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2702a Undivided wards and townships to constitute precincts.

25-2702a.
Undivided wards and townships to constitute precincts.
Whenever a ward or township is not divided into more than one voting precinct, the entire undivided ward or township shall constitute a "precinct" as that term is used in all laws relating to elections.
History:
L. 1971, ch. 133, § 1; March 5.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2703 Voting places; equipping and supplying; voting booths, location, design and storage; privacy of voter.

25-2703.
Voting places; equipping and supplying; voting booths, location, design and storage; privacy of voter.
The county election officers shall provide suitable voting places in which to hold all national, state, county, township, city and school primary and general elections, question submitted elections and other public elections. County election officers shall arrange for voting places to be warmed, lighted, and furnished with proper supplies and conveniences, including a sufficient number of booths, shelves and pencils, to enable the voters to prepare their ballots, screened from observation. Voting booths shall be in plain view of the receiving board, and both they and the ballot boxes shall be in plain view of electors waiting to vote. Each booth shall be designed so as to protect the privacy of the voter. Booths shall be well lighted.
No person other than judges, clerks and other election officers allowed by law, and those admitted for the purpose of voting, shall be permitted within three feet of the voting booths, of voting machines where they are used, or of any table being used by the election board, except by the authority of the supervising judge. Voting booths shall be deposited with the county election officer between elections.
History:
L. 1893, ch. 78, § 20; L. 1897, ch. 129, § 20; R.S. 1923, 25-402; L. 1961, ch. 197, § 5; L. 1968, ch. 406, § 100; L. 1971, ch. 134, § 1; L. 1973, ch. 168, § 1; L. 1981, ch. 169, § 1; L. 1994, ch. 26, § 1; March 24.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2703a School buildings, polling places.

25-2703a. School buildings, polling places.
(a) All unified school districts shall make suitable school buildings available for polling places at the request of a county election officer for the county in which all or any portion of the school district is located.
(b) The county election officer shall give notice on or before January 1 of each year to the superintendent of the school district of the need to use one or more school buildings as polling places for any primary or general election.
(c) The terms "primary election" and "general election" shall have the meanings as provided in K.S.A. 25-2502, and amendments thereto.
History:
L. 2015, ch. 88, § 13; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2704 Ballot boxes; secretary of state may adopt rules and regulations; application of section.

25-2704. Ballot boxes; secretary of state may adopt rules and regulations; application of section.
(a) The county election officer shall provide ballot boxes for each voting place. The secretary of state may adopt rules and regulations authorizing, in certain cases, additional or fewer ballot boxes than specified in subsection (b) to be supplied.
(b) Unless otherwise provided by rules and regulations adopted by the secretary of state, a separate ballot box shall be provided for each of the types of ballots named in the following list, if such ballots are to be voted at the election:
(1) A box for "national and state ballots";
(2) a box for "county and township ballots";
(3) a box for "judicial ballots";
(4) a box for "city ballots";
(5) a box for "school ballots";
(6) a box for "ballots for constitutional amendments"; and
(7) a box for "questions submitted."
(c) Each ballot box shall be labeled according to its appropriate designation as set out in subsection (b).
(d) The provisions of this section shall only apply to elections conducted in counties that do not use tabulators or optical scanners to count votes.
History:
L. 1968, ch. 406, § 19; L. 1969, ch. 193, § 5; L. 2023, ch. 79, § 41; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2705 Security of ballot boxes at polls; application of section.

25-2705. Security of ballot boxes at polls; application of section.
(a) At the time a voting place is opened, the supervising judge shall cause the ballot boxes to be opened in the presence of people there assembled. The ballot boxes shall be turned upside down so as to empty such boxes of everything therein. Each ballot box shall then be locked securely and shall not be opened again until opened for the purpose of canvassing.
(b) The provisions of this section shall only apply to elections conducted in counties that do not use tabulators or optical scanners to count votes.
History:
L. 1968, ch. 406, § 20; L. 2023, ch. 79, § 42; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2706 Instructions, books and other materials; printing in foreign languages; responsibilities of county election officers and secretary of state.

25-2706. Instructions, books and other materials; printing in foreign languages; responsibilities of county election officers and secretary of state.
(a) The county election officer shall prepare and furnish copies of all registrations and all books, maps, instructions and blanks needed for the use and guidance of election boards and voters. County election officers may adopt such rules and regulations for elections as may be needed and not in conflict with state law or rules and regulations. Such rules and regulations shall be submitted to the secretary of state for approval.
(b) The county election officer shall furnish printed instructions to election boards defining duties of such officers and the law governing elections.
(c) (1) The county election officer shall furnish and publish on the website of the county election office:
(A) Printed instructions to voters;
(B) a list of voters' rights and responsibilities;
(C) a sample ballot;
(D) notification of the date of the election; and
(E) the polling place hours.
(2) Each of the items in paragraph (1) shall be posted in every voting place at every election.
(3) Wherever the secretary of state deems it advisable, all items listed in paragraph (1) shall be printed in English and in a language or languages other than English.
(d) The secretary of state shall specify the form and contents of instructions to voters, list of voters' rights and responsibilities and instructions to election boards. Such specifications shall be transmitted to county election officers and may be changed from time to time by the secretary of state.
History:
L. 1968, ch. 406, § 38; L. 1973, ch. 169, § 1; L. 2002, ch. 146, § 4; L. 2004, ch. 25, § 11; L. 2023, ch. 79, § 43; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2707 Receipt for and record of election supplies.

25-2707.
Receipt for and record of election supplies.
When election supplies, including ballots and poll books, are delivered by the county election officer to a supervising judge, a record shall be made thereof and the same shall be receipted. When the items provided by law to be returned by the supervising judge to the election officer are so returned, a record thereof shall be made by the election officer and a receipt therefor shall be given the supervising judge. The secretary of state may adopt rules and regulations prescribing the manner and form in which records and receipts required by this section are to be given, taken and maintained.
History:
L. 1968, ch. 406, § 39; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2708 Preservation of ballots and election records; distribution of abstracts of voting.

25-2708.
Preservation of ballots and election records; distribution of abstracts of voting.
(a) The county election officer shall preserve all ballots, books and records delivered to such officer by election boards and make the same available to any canvassing board or election court who it is provided by law shall have access to the same.
(b) The county election officer shall preserve all county, city, school district and township ballots for six months and all state and national ballots for 22 months. At the expiration of such time, the county election officer shall destroy them without previously opening any of the envelopes, in the presence of two electors of approved integrity and good repute, members of the two leading political parties. Such electors shall be designated by the board of county commissioners. If the election of any officer or any question submitted at such time is being contested, the ballots shall not be destroyed until such contest is finally decided. In all cases of contested elections, either of the parties contesting shall have the right to have such ballots opened and to have all errors of the judges in counting the ballots corrected by the court or body trying such contest. Such ballots shall be opened in open court or in an open session of such body and the presence of the officer having the custody thereof.
(c) The three copies of the certified abstract of each voting place and the three copies of all certified abstracts of the county board of canvassers shall be distributed as follows:
(1) One copy shall be retained as a permanent record in the office of the county election officer.
(2) One copy shall be delivered to the chairperson of the county committee of the political party of the candidate for governor who received the greatest number of votes in the last state general election.
(3) One copy shall be delivered to the chairperson of the county committee of the political party of the candidate for governor who received the second greatest number of votes in the last state general election.
(d) Other election supplies, books, records, lists and papers shall be destroyed as provided by law.
History: L. 1968, ch. 406, § 40; L. 1974, ch. 106, § 5; L. 1988, ch. 122, § 1; L. 1989, ch. 108, § 4; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2709 Destruction of election records.

25-2709.
Destruction of election records.
The following election records may be destroyed after they have been on file for the period stated:
(1) Appointments and oaths of office of election board members, two years.
(2) Registration lists, five years.
(3) Poll books, five years.
(4) Party affiliation lists, five years.
(5) Abstracts of voting records, 20 years.
(6) Affidavits required to be filed by the election laws of the state of Kansas, including advance voting and mail ballot envelopes containing voters' declarations, two years.
(7) All other election records used at polling places, two years.
(8) Declination forms maintained by voter registration agencies and the division of motor vehicles, two years.
(9) Confirmation notices, two years.
(10) Confirmation responses, two years.
History:
L. 1974, ch. 106, § 8; L. 1993, ch. 287, § 7; L. 1995, ch. 192, § 44; L. 1996, ch. 187, § 16; April 25.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2710 Accessibility for voting places.

25-2710.
Accessibility for voting places.
On any day upon which an election is held, all polling places shall be accessible by either permanent or temporary means to any voter having a disability.
History:
L. 1977, ch. 128, § 1; L. 2004, ch. 93, § 5; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2711 Placement of political signs during election period.

25-2711. Placement of political signs during election period.
No city or county shall regulate or prohibit the placement of or the number of political signs on private property or the unpaved right-of-way for city streets or county roads on private property during the 45-day period prior to any election and the two-day period following any such election. Cities and counties may regulate the size and a set-back distance for the placement of signs so as not to impede sight lines or sight distance for safety reasons.
History:
L. 2015, ch. 85, § 15; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2712 Campaigning for elected office at private residences, not prohibited or subject to regulation.

25-2712. Campaigning for elected office at private residences, not prohibited or subject to regulation.
No city or county shall regulate or prohibit canvassing, polling, soliciting or otherwise approaching private residences for the purpose of distributing campaign literature or campaigning for a candidate for an elected office.
History:
L. 2016, ch. 55, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 27 - Voting Places And Materials Therefor › 25-2713 Affidavit for transfer of ballots; requirements; violation of act, criminal penalty.

25-2713. Affidavit for transfer of ballots; requirements; violation of act, criminal penalty.
(a) The secretary of state, in consultation with county election officers, shall develop an affidavit system to be utilized for the transfer of ballots. Each person who transfers ballots for a county election office shall be required to sign an affidavit listing, if applicable, the:
(1) Number of blank ballots;
(2) number of spoiled ballots;
(3) number of provisional ballots;
(4) number of counted ballots;
(5) number of advanced ballots in envelopes;
(6) name of the person to whom such ballots were delivered; and
(7) location of where the ballots were delivered.
(b) The affidavit system developed under this section shall apply to all ballots delivered, collected and transferred by county election offices prior to, on and after the date of an election and shall operate in conjunction with the provisions of K.S.A. 25-2707, 25-2708 and 25-2709, and amendments thereto, regarding transporting, preserving and destroying ballots and election records.
(c) (1) It shall be a violation of this section to alter any information provided in an affidavit or provide false information in an affidavit with the intent to hinder, prevent or defeat a fair election.
(2) A violation of this section is a severity level 9, nonperson felony.
History:
L. 2022, ch. 87, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2801 Appointment and notification of judges and clerks.

25-2801.
Appointment and notification of judges and clerks.
All election board judges and clerks shall be appointed by the county election officer and shall be subject to his direction and supervision. If practicable, not less than ten (10) days prior to the day of any election, the county election officer shall appoint the judges and clerks for the election boards for such election. Thereupon, the county election officer shall notify such persons in writing of their appointment, and file in his office a written statement of such appointments. Such notifications and statements shall be in a form approved by the secretary of state.
History:
L. 1968, ch. 406, § 9; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2802 Political affiliation of judges and clerks of election.

25-2802.
Political affiliation of judges and clerks of election.
Of the members of any election board, not including the supervising judge, not more than one-half of the clerks shall be of the same political party, and not more than one-half of the judges shall be of the same political party, except in the case of a three-member election board. In the case of a three-member election board, the members thereof, excluding the supervising judge, shall be of different political parties. The provisions of this section shall not apply if the officers of political organizations required to make recommendations for such appointees fail to so recommend, or if the persons so recommended fail or refuse to qualify or serve.
History:
L. 1968, ch. 406, § 10; L. 1969, ch. 193, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 28 - Election Boards › 25-2803 Recommendations by county chairmen; appointment of supervising judge; area located in two counties.

25-2803.
Recommendations by county chairmen; appointment of supervising judge; area located in two counties.
(a) The county chairman of each of the central committees of the political parties that polled the largest and second largest number of votes in the state at the last state election for the office of governor shall recommend, excluding the supervising judge, one-half of the persons required for judges of each election board and one-half of the persons required for clerks of each election board. In the event that the election board is to have three members, each such county chairman shall recommend one person for each board. Such recommendations shall be made in writing and shall be delivered to the county election officer, if practicable, not less than thirty (30) days prior to the day of any primary or general election to which they apply and not less than fifteen (15) days prior to the day of any special election.
(b) The county election officer shall appoint the persons recommended as provided in this section if such persons can qualify and if such recommendations are timely.
(c) The supervising judge or one other judge shall be appointed by the county election officer upon his independent selection.
(d) The county election officer shall designate and appoint one judge to be the supervising judge at each voting place. The supervising judge shall be appointed from among, and not in addition to, those judges appointed to each election board.
(e) Recommendations made under subsection (a) of this section and appointments in accordance therewith shall, in the case of any area which includes a city divided by a county line, specify at least one person from that portion of the area located within each such county to serve upon the election board of the voting place serving that area, if such persons are available to be recommended. In such cases the county election officer of the county in which the smaller portion of any such city is located shall designate those persons to be so appointed from the portion of the city in his county. Such designation shall be transmitted to the county election officer conducting elections and shall be appointed by him. In the event of any dispute arising under this subsection, the same may be submitted by either county election officer to the secretary of state for determination, and such determination shall be final. The provisions of this subsection shall apply to all elections conducted by any county election officer.
History: L. 1968, ch. 406, § 11; L. 1969, ch. 193, § 3; L. 1970, ch. 145, § 1; March 21.