Session of 2023 HOUSE BILL No. 2043 By Committee on Federal and State Affairs 1-17 AN ACT concerning elections; relating to voter registration; requiring that discharged inmates be offered the opportunity to register to vote; the secretary of state to develop a voter registration program that offers voter registration services through certain state agencies and at each accredited high school; amending K.S.A. 25-2416 and K.S.A. 2022 Supp. 22-3722 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) The secretary of state shall develop a voter registration program to offer voter registration services through the following state agencies: (1) The Kansas department for children and families; (2) the Kansas department for aging and disability services; and (3) the department of labor. (b) At the time of making an application for assistance or benefits with the Kansas department for children and families, the Kansas department for aging and disability services or the department of labor, the applicant shall be offered the opportunity to register to vote. (c) If proof of citizenship was not required for the assistance or benefits applied for, the applicant shall be informed that proof of citizenship will be necessary to complete the process of registration to vote. (d) Voter registration applications shall be submitted to the secretary of state and the county election officers as provided by rules and regulations adopted by the secretary of state. New Sec. 2. (a) The secretary of state, in cooperation with the state board of education, shall develop a voter registration program to offer voter registration services at each accredited high school. Students who are 17 years of age or older shall be offered the opportunity to register to vote. (b) Voter registration applications shall be submitted to the secretary of state and the county election officers as provided by rules and regulations adopted by the secretary of state. Sec. 3. K.S.A. 2022 Supp. 22-3722 is hereby amended to read as follows: 22-3722. (a) (1) The period served on parole or conditional release shall be deemed service of the term of confinement, and, subject to the provisions contained in K.S.A. 75-5217, and amendments thereto, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 HB 2043 2 relating to an inmate who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. (2) The period served on postrelease supervision shall vest in and be subject to the provisions contained in K.S.A. 75-5217, and amendments thereto, relating to an inmate who is a fugitive from or has fled from justice. (3) The total time served shall not exceed the postrelease supervision period established at sentencing. (b) When an inmate on parole or conditional release has performed the obligations of the release for such time as shall satisfy the prisoner review board that final release is not incompatible with the best interest of society and the welfare of the individual, the board may make a final order of discharge and issue a certificate of discharge to the inmate but no such order of discharge shall be made in any case within a period of less than one year after the date of release except where the sentence expires earlier thereto. (c) (1) When an inmate has reached the end of the postrelease supervision period, the board shall issue a certificate of discharge to the releasee. (2) Such discharge, and the discharge of an inmate who has served the inmate's term of imprisonment, shall have the effect of restoring all civil rights lost by operation of law upon commitment, and the certification of discharge shall so state. (3) Nothing herein contained in this section shall be held to impair the power of the governor to grant a pardon or commutation of sentence in any case. (d) At the time of discharge, the inmate shall be offered the opportunity to register to vote. If proof of citizenship of the inmate is not available, the inmate shall be informed that proof of citizenship shall be required to complete the voter registration application. Sec. 4. K.S.A. 25-2416 is hereby amended to read as follows: 25- 2416. (a) Voting without being qualified is knowingly voting or attempting to vote without being qualified: (1) In any election district when not a lawfully registered voter in such election district; or (2) at any election by a person who is not a citizen of the United States or who does not otherwise meet the qualifications of an elector. (b) Voting without being qualified or attempting to vote without being qualified is a severity level 7, nonperson felony. (c) This section shall not apply to any person who is ineligible to vote, but who registers to vote under section 1, and amendments thereto, without willfully making any misrepresentations as to such person's eligibility to vote. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2043 3 (d) The provisions of K.S.A. 2022 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to vote without being qualified pursuant to this section. Sec. 5. K.S.A. 25-2416 and K.S.A. 2022 Supp. 22-3722 are hereby repealed. Sec. 6. This act shall take effect and be in force from and after its publication in the statute book. 1 2 3 4 5 6 7