| 7 | | - | Section 1. K.S.A. 25-1122 is hereby amended to read as follows: |
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| 8 | | - | 25-1122. (a) Any registered voter may file with the county election |
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| 9 | | - | officer where the person is a resident, or where the person is authorized |
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| 10 | | - | by law to vote as a former precinct resident, an application for an |
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| 11 | | - | advance voting ballot. The signed application shall be transmitted only |
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| 12 | | - | to the county election officer by personal delivery, mail, facsimile or as |
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| 13 | | - | otherwise provided by law. |
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| 14 | | - | (b) If the registered voter is applying for an advance voting ballot |
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| 15 | | - | to be transmitted in person, the voter shall provide identification |
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| 16 | | - | pursuant to K.S.A. 25-2908, and amendments thereto. |
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| 17 | | - | (c) If the registered voter is applying for an advance voting ballot |
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| 18 | | - | to be transmitted by mail, the voter shall provide with the application |
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| 19 | | - | for an advance voting ballot the voter's current and valid Kansas |
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| 20 | | - | driver's license number, nondriver's identification card number or a |
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| 21 | | - | photocopy of any other identification provided by K.S.A. 25-2908, and |
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| 22 | | - | amendments thereto. |
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| 23 | | - | (d) A voter may vote a provisional ballot according to K.S.A. 25- |
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| 24 | | - | 409, and amendments thereto, if: |
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| 25 | | - | (1) The voter is unable or refuses to provide current and valid |
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| 26 | | - | identification; or |
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| 27 | | - | (2) the name and address of the voter provided on the application |
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| 28 | | - | for an advance voting ballot do not match the voter's name and address |
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| 29 | | - | on the registration book. The voter shall provide a valid form of |
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| 30 | | - | identification as defined in K.S.A. 25-2908, and amendments thereto, |
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| 31 | | - | to the county election officer in person or provide a copy by mail or |
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| 32 | | - | electronic means before the meeting of the county board of canvassers. |
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| 33 | | - | At the meeting of the county board of canvassers the county election |
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| 34 | | - | officer shall present copies of identification received from provisional |
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| 35 | | - | voters and the corresponding provisional ballots. If the county board of |
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| 36 | | - | canvassers determines that a voter's identification is valid and the |
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| 37 | | - | provisional ballot was properly cast, the ballot shall be counted. |
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| 38 | | - | (e) No county election officer shall provide an advance voting |
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| 39 | | - | ballot to a person who is requesting an advance voting ballot to be |
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| 40 | | - | transmitted by mail unless: |
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| 41 | | - | (1) The county election official verifies that the signature of the |
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| 42 | | - | person matches that on file in the county voter registration records, |
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| 43 | | - | except that verification of the voter's signature shall not be required if a |
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| 44 | | - | voter has a disability preventing the voter from signing. Signature |
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| 45 | | - | verification may occur by electronic device or by human inspection. In |
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| 46 | | - | the event that the signature of a person who is requesting an advance |
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| 47 | | - | voting ballot does not match that on file, the county election officer |
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| 48 | | - | shall attempt to contact the person and shall offer the person another |
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| 49 | | - | opportunity to provide the person's signature for the purposes of |
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| 50 | | - | verifying the person's identity. If the county election officer is unable to |
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| 51 | | - | reach the person, the county election officer may transmit a provisional |
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| 52 | | - | ballot, however, such provisional ballot may not be counted unless a |
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| 53 | | - | signature is included therewith that can be verified; and |
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| 54 | | - | (2) the person provides such person's full Kansas driver's license |
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| 55 | | - | number, Kansas nondriver's identification card number issued by the |
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| 56 | | - | division of vehicles, or submits such person's application for an |
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| 57 | | - | advance voting ballot and a copy of identification provided by K.S.A. |
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| 58 | | - | 25-2908, and amendments thereto, to the county election officer for |
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| 59 | | - | verification. If a person applies for an advance voting ballot to be |
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| 60 | | - | transmitted by mail but fails to provide identification pursuant to this |
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| 61 | | - | subsection or the identification of the person cannot be verified by the |
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| 62 | | - | county election officer, the county election officer shall provide |
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| 63 | | - | information to the person regarding the voter rights provisions of |
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| 64 | | - | subsection (d) and shall provide the person an opportunity to provide |
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| 65 | | - | identification pursuant to this subsection. For the purposes of this act, Senate Substitute for HOUSE BILL No. 2053—page 2 |
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| 66 | | - | Kansas state offices and offices of any subdivision of the state will |
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| 67 | | - | allow any person seeking to vote by an advance voting ballot the use of |
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| 68 | | - | a photocopying device to make one photocopy of an identification |
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| 69 | | - | document at no cost. |
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| 70 | | - | (f) (1) Applications for advance voting ballots to be transmitted to |
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| 71 | | - | the voter by mail shall be filed only at the following times: |
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| 72 | | - | (1)(A) For the primary election occurring on the first Tuesday in |
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| 73 | | - | August in both even-numbered and odd-numbered years, between April |
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| 74 | | - | 1 of such year and the Tuesday of the week preceding such primary |
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| 75 | | - | election.; |
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| 76 | | - | (2)(B) for the general election occurring on the Tuesday following |
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| 77 | | - | the first Monday in November in both even-numbered and odd- |
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| 78 | | - | numbered years, between 90 days prior to such election and the |
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| 79 | | - | Tuesday of the week preceding such general election.; |
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| 80 | | - | (3)(C) for the presidential preference primary election held |
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| 81 | | - | pursuant to K.S.A. 25-4501a, and amendments thereto, between |
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| 82 | | - | January 1 of the year in which such election is held and 30 days prior |
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| 83 | | - | to the day of such election; |
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| 84 | | - | (D) for question submitted elections occurring on the date of a |
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| 85 | | - | primary or general election, the same as is provided for ballots for |
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| 86 | | - | election of officers at such election.; |
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| 87 | | - | (4)(E) for question submitted elections not occurring on the date |
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| 88 | | - | of a primary or general election, between the time of the first published |
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| 89 | | - | notice thereof and the Tuesday of the week preceding such question |
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| 90 | | - | submitted election, except that if the question submitted election is held |
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| 91 | | - | on a day other than a Tuesday, the final date for mailing of advance |
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| 92 | | - | voting ballots shall be one week before such election.; and |
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| 93 | | - | (5)(F) for any special election of officers, at such time as is |
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| 94 | | - | specified by the secretary of state. |
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| 95 | | - | (2) The county election officer of any county may receive |
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| 96 | | - | applications prior to the time specified in this subsection and hold such |
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| 97 | | - | applications until the beginning of the prescribed application period. |
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| 98 | | - | Such applications shall be treated as filed on that date. |
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| 99 | | - | (g) (1) Unless an earlier date is designated by the county election |
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| 100 | | - | office, applications for advance voting ballots transmitted to the voter |
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| 101 | | - | in person in the office of the county election officer shall be filed on the |
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| 102 | | - | Tuesday next preceding the election and on each subsequent business |
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| 103 | | - | day until no later than 12 noon on the day preceding such election. If |
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| 104 | | - | the county election officer so provides, applications for advance voting |
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| 105 | | - | ballots transmitted to the voter in person in the office of the county |
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| 106 | | - | election officer also may be filed on the Saturday preceding the |
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| 107 | | - | election. Upon receipt of any such properly executed application, the |
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| 108 | | - | county election officer shall deliver to the voter such ballots and |
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| 109 | | - | instructions as are provided for in this act. |
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| 110 | | - | (2) An application for an advance voting ballot filed by a voter |
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| 111 | | - | who has a temporary illness or disability or who is not proficient in |
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| 112 | | - | reading the English language or by a person rendering assistance to |
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| 113 | | - | such voter may be filed during the regular advance ballot application |
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| 114 | | - | periods until the close of the polls on election day. |
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| 115 | | - | (3) The county election officer may designate places other than the |
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| 116 | | - | central county election office as satellite advance voting sites. At any |
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| 117 | | - | satellite advance voting site, a registered voter may obtain an |
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| 118 | | - | application for advance voting ballots. Ballots and instructions shall be |
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| 119 | | - | delivered to the voter in the same manner and subject to the same |
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| 120 | | - | limitations as otherwise provided by this subsection. |
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| 121 | | - | (h) Any person having a permanent disability or an illness that has |
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| 122 | | - | been diagnosed as a permanent illness is hereby authorized to make an |
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| 123 | | - | application for permanent advance voting status. Applications for |
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| 124 | | - | permanent advance voting status shall be in the form and contain such Senate Substitute for HOUSE BILL No. 2053—page 3 |
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| 125 | | - | information as is required for application for advance voting ballots and |
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| 126 | | - | also shall contain information that establishes the voter's right to |
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| 127 | | - | permanent advance voting status. |
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| 128 | | - | (i) On receipt of any application filed under the provisions of this |
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| 129 | | - | section, the county election officer shall prepare and maintain in such |
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| 130 | | - | officer's office a list of the names of all persons who have filed such |
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| 131 | | - | applications, together with their correct post office address and the |
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| 132 | | - | precinct, ward, township or voting area in which the persons claim to |
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| 133 | | - | be registered voters or to be authorized by law to vote as former |
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| 134 | | - | precinct residents and the present resident address of each applicant. |
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| 135 | | - | Names and addresses shall remain so listed until the day of such |
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| 136 | | - | election. The county election officer shall maintain a separate listing of |
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| 137 | | - | the names and addresses of persons qualifying for permanent advance |
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| 138 | | - | voting status. All such lists shall be available for inspection upon |
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| 139 | | - | request in compliance with this subsection by any registered voter |
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| 140 | | - | during regular business hours. The county election officer upon receipt |
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| 141 | | - | of the applications shall enter upon a record kept by such officer the |
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| 142 | | - | name and address of each applicant, which record shall conform to the |
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| 143 | | - | list above required. Before inspection of any advance voting ballot |
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| 144 | | - | application list, the person desiring to make the inspection shall provide |
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| 145 | | - | to the county election officer identification in the form of driver's |
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| 146 | | - | license or other reliable identification and shall sign a log book or |
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| 147 | | - | application form maintained by the officer stating the person's name |
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| 148 | | - | and address and showing the date and time of inspection. All records |
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| 149 | | - | made by the county election officer shall be subject to public |
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| 150 | | - | inspection, except that the voter identification information required by |
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| 151 | | - | subsections (b) and (c) and the identifying number on ballots and ballot |
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| 152 | | - | envelopes and records of such numbers shall not be made public. |
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| 153 | | - | (j) If a person on the permanent advance voting list fails to vote in |
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| 154 | | - | four consecutive general elections held on the Tuesday succeeding the |
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| 155 | | - | first Monday in November of each even-numbered and odd-numbered |
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| 156 | | - | year, the county election officer may mail a notice to such voter. The |
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| 157 | | - | notice shall inform the voter that the voter's name will be removed from |
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| 158 | | - | the permanent advance voting list unless the voter renews the |
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| 159 | | - | application for permanent advance voting status within 30 days after |
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| 160 | | - | the notice is mailed. If the voter fails to renew such application, the |
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| 161 | | - | county election officer shall remove the voter's name from the |
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| 162 | | - | permanent advance voting list. Failure to renew the application for |
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| 163 | | - | permanent advance voting status shall not result in removal of the |
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| 164 | | - | voter's name from the voter registration list. |
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| 165 | | - | (k) (1) Any person who solicits by mail a registered voter to file |
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| 166 | | - | an application for an advance voting ballot and includes an application |
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| 167 | | - | for an advance voting ballot in such mailing shall include on the |
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| 168 | | - | exterior of such mailing, and on each page contained therein, except the |
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| 169 | | - | application, a clear and conspicuous label in 14-point font or larger that |
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| 170 | | - | includes: |
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| 171 | | - | (A) The name of the individual or organization that caused such |
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| 172 | | - | solicitation to be mailed; |
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| 173 | | - | (B) if an organization, the name of the president, chief executive |
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| 174 | | - | officer or executive director of such organization; |
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| 175 | | - | (C) the address of such individual or organization; and |
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| 176 | | - | (D) the following statement: "Disclosure: This is not a government |
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| 177 | | - | mailing. It is from a private individual or organization." |
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| 178 | | - | (2) The application for an advance voting ballot included in such |
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| 179 | | - | mailing shall be the official application for advance ballot by mail |
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| 180 | | - | provided by the secretary of state. No portion of such application shall |
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| 181 | | - | be completed prior to mailing such application to the registered voter. |
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| 182 | | - | (3) An application for an advance voting ballot shall include an |
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| 183 | | - | envelope addressed to the appropriate county election office for the Senate Substitute for HOUSE BILL No. 2053—page 4 |
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| 184 | | - | mailing of such application. In no case shall the person who mails the |
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| 185 | | - | application to the voter direct that the completed application be |
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| 186 | | - | returned to such person. |
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| 187 | | - | (4) The provisions of this subsection shall not apply to: |
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| 188 | | - | (A) The secretary of state or any election official or county |
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| 189 | | - | election office; or |
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| 190 | | - | (B) the official protection and advocacy for voting access agency |
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| 191 | | - | for this state as designated pursuant to the federal help America vote act |
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| 192 | | - | of 2002, public law 107-252, or any other entity required to provide |
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| 193 | | - | information concerning elections and voting procedures by federal law. |
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| 194 | | - | (5) A violation of this subsection is a class C nonperson |
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| 195 | | - | misdemeanor. |
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| 196 | | - | (l) (1) No person shall mail or cause to be mailed an application |
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| 197 | | - | for an advance voting ballot, unless such person is a resident of this |
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| 198 | | - | state or is otherwise domiciled in this state. |
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| 199 | | - | (2) Any individual may file a complaint in writing with the |
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| 200 | | - | attorney general alleging a violation of this subsection. Such complaint |
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| 201 | | - | shall include the name of the person alleged to have violated this |
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| 202 | | - | subsection and any other information as required by the attorney |
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| 203 | | - | general. Upon receipt of a complaint, the attorney general shall |
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| 204 | | - | investigate and may file an action against any person found to have |
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| 205 | | - | violated this subsection. |
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| 206 | | - | (3) Any person who violates the provisions of this subsection is |
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| 207 | | - | subject to a civil penalty of $20. Each instance in which a person mails |
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| 208 | | - | an application for an advance voting ballot in violation of this section |
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| 209 | | - | shall constitute a separate violation. |
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| 210 | | - | (m) The secretary of state may adopt rules and regulations in order |
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| 211 | | - | to implement the provisions of this section and to define valid forms of |
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| 212 | | - | identification. |
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| 213 | | - | Sec. 2. K.S.A. 25-2311 is hereby amended to read as follows: 25- |
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| 214 | | - | 2311. (a) County election officers shall provide for the registration of |
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| 215 | | - | voters at one or more places on all days except the following: |
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| 216 | | - | (1) Days when the main offices of the county government are |
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| 217 | | - | closed for business, except as is otherwise provided by any county |
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| 218 | | - | election officer under the provisions of K.S.A. 25-2312, and |
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| 219 | | - | amendments thereto; |
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| 220 | | - | (2) days when the main offices of the city government are closed |
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| 221 | | - | for business, in the case of deputy county election officers who are city |
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| 222 | | - | clerks except as is otherwise provided by any county election officer |
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| 223 | | - | under the provisions of K.S.A. 25-2312, and amendments thereto; |
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| 224 | | - | (3) the 20 days preceding the day of primary and general |
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| 225 | | - | elections; |
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| 226 | | - | (4) the 30 days preceding the day of any presidential preference |
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| 227 | | - | primary election held pursuant to K.S.A. 25-4501a, and amendments |
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| 228 | | - | thereto; |
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| 229 | | - | (5) the 20 days preceding the day of any election other than one |
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| 230 | | - | specified in this subsection; and |
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| 231 | | - | (5)(6) the day of any primary or general election or any question |
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| 232 | | - | submitted election. |
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| 233 | | - | (b) For the purposes of this section in counting days that |
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| 234 | | - | registration books are to be closed, all of the days including Sunday |
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| 235 | | - | and legal holidays shall be counted. |
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| 236 | | - | (c) The secretary of state shall notify every county election officer |
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| 237 | | - | of the dates when registration shall be closed preceding primary and |
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| 238 | | - | general elections. The days so specified by the secretary of state shall |
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| 239 | | - | be conclusive. Such notice shall be given by the secretary of state by |
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| 240 | | - | mail at least 60 days preceding every primary and general election. |
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| 241 | | - | (d) The last days before closing of registration books as directed |
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| 242 | | - | by the secretary of state under subsection (c), county election officers Senate Substitute for HOUSE BILL No. 2053—page 5 |
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| 243 | | - | shall provide for registration of voters during regular business hours, |
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| 244 | | - | during the noon hours and at other than regular business hours upon |
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| 245 | | - | such days as the county election officers deem necessary. The last three |
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| 246 | | - | business days before closing of registration books prior to primary and |
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| 247 | | - | general elections, county election officers may provide for registration |
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| 248 | | - | of voters until 9 p.m. in any city. |
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| 249 | | - | (e) (1) Except as provided in paragraph (2), county election |
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| 250 | | - | officers shall accept and process applications received by voter |
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| 251 | | - | registration agencies and the division of motor vehicles not later than |
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| 252 | | - | the 21 |
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| 253 | | - | st |
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| 254 | | - | day preceding the date of any election; or mailed voter |
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| 255 | | - | registration applications that are postmarked not later than the 21 |
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| 256 | | - | st |
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| 257 | | - | day |
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| 258 | | - | preceding the date of any election; or except, if the postmark is illegible |
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| 259 | | - | or missing, is mailed voter registration applications received in the |
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| 260 | | - | mail not later than the ninth day preceding the day of any election. |
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| 261 | | - | (2) For any presidential preference primary election held |
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| 262 | | - | pursuant to K.S.A. 25-4501a, and amendments thereto, county election |
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| 263 | | - | officers shall accept and process applications received by voter |
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| 264 | | - | registration agencies and the division of motor vehicles not later than |
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| 265 | | - | the 31 |
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| 266 | | - | st |
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| 267 | | - | day preceding the date of such election or mailed voter |
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| 268 | | - | registration applications that are postmarked not later than the 31 |
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| 269 | | - | st |
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| 270 | | - | day |
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| 271 | | - | preceding such election except, if the postmark is illegible or missing, |
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| 272 | | - | mailed voter registration applications received in the mail not later |
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| 273 | | - | than the 19 |
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| 274 | | - | th |
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| 275 | | - | day preceding the day of such election. |
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| 276 | | - | (f) The secretary of state may adopt rules and regulations |
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| 277 | | - | interpreting the provisions of this section and specifying the days when |
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| 278 | | - | registration shall be open, days when registration shall be closed, and |
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| 279 | | - | days when it is optional with the county election officer for registration |
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| 280 | | - | to be open or closed. |
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| 281 | | - | (g) Before each primary and general election held in even- |
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| 282 | | - | numbered and odd-numbered years, and at times and in a form |
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| 283 | | - | prescribed by the secretary of state, each county election officer shall |
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| 284 | | - | certify to the secretary of state the number of registered voters in each |
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| 285 | | - | precinct of the county as shown by the registration books in the office |
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| 286 | | - | of such county election officer. |
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| 287 | | - | Sec. 3. K.S.A. 2022 Supp. 25-3009 is hereby amended to read as |
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| 288 | | - | follows: 25-3009. (a) After an election and prior to the meeting of the |
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| 289 | | - | county board of canvassers to certify the official election results for any |
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| 290 | | - | election in which the canvassers certify the results, the county election |
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| 291 | | - | officer shall conduct a manual audit or tally of each vote cast, |
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| 292 | | - | regardless of the method of voting, in 1% of all precincts, with a |
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| 293 | | - | minimum of one precinct located within the county. The precinct or |
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| 294 | | - | precincts shall be randomly selected and the selection shall take place |
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| 295 | | - | after the election. |
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| 296 | | - | (b) (1) The audit shall be performed manually and shall review all |
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| 297 | | - | paper ballots selected pursuant to subsection (a). The audit shall be |
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| 298 | | - | performed by a sworn election board consisting of bipartisan trained |
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| 299 | | - | board members. The county election officer shall determine the |
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| 300 | | - | members of the sworn election board who will conduct the audit. |
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| 301 | | - | (2) The audit shall review contested races as follows: |
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| 302 | | - | (A) In presidential election years: |
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| 303 | | - | (i) One federal race; |
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| 304 | | - | (ii) one state legislative race; and |
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| 305 | | - | (iii) one county race. |
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| 306 | | - | (B) In even-numbered, non-presidential election years: |
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| 307 | | - | (i) One federal race; |
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| 308 | | - | (ii) one statewide race; |
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| 309 | | - | (iii) one state legislative race; and |
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| 310 | | - | (iv) one county race. |
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| 311 | | - | (C) In even-numbered election years, any federal, statewide or Senate Substitute for HOUSE BILL No. 2053—page 6 |
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| 312 | | - | state legislative race that is within 1% of the total number of votes cast |
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| 313 | | - | tallied on election night, as determined by the secretary of state, shall |
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| 314 | | - | be audited. The county election officer shall conduct the audit in the |
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| 315 | | - | manner set forth in subsection (a) in 10% of all county precincts in the |
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| 316 | | - | specified race, with a minimum of one precinct in the county. The |
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| 317 | | - | precincts audited pursuant to this subsection shall be in addition to the |
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| 318 | | - | precincts audited under subsections (2)(A) and (B). |
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| 319 | | - | (D) In odd-numbered election years, two local races will be |
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| 320 | | - | randomly selected, and the selection shall take place after the election. |
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| 321 | | - | (E) Any presidential preference primary election held pursuant to |
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| 322 | | - | K.S.A. 25-4501a, and amendments thereto. |
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| 323 | | - | (c) At least five days prior to the audit, notice of the time and |
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| 324 | | - | location of the audit shall be provided to the public on the official |
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| 325 | | - | county website. The audit shall be conducted in a public setting. Any |
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| 326 | | - | candidate or entity who is authorized to appoint a poll agent may |
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| 327 | | - | appoint a poll agent for the audit. |
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| 328 | | - | (d) The results of the audit shall be compared to the unofficial |
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| 329 | | - | election night returns and a report shall be submitted to the county |
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| 330 | | - | election office and to the secretary of state's office prior to the meeting |
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| 331 | | - | of the county board of canvassers. If a discrepancy is reported between |
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| 332 | | - | the audit and the unofficial returns and cannot be resolved, the county |
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| 333 | | - | election officer or the secretary of state may require audits of additional |
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| 334 | | - | precincts. Once the audit has been completed, the results of the audit |
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| 335 | | - | shall be used by the county board of canvassers when certifying the |
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| 336 | | - | official election results. |
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| 337 | | - | (e) Upon publication of the notice of the audit pursuant to |
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| 338 | | - | subsection (c), the signed and certified official abstracts required by |
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| 339 | | - | K.S.A. 25-3006, and amendments thereto, shall be made available by |
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| 340 | | - | the county election office for review by any authorized poll agent. Such |
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| 341 | | - | abstracts shall be from all precincts and shall not be limited to those |
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| 342 | | - | precincts that are subject to the audit. The abstracts shall be available |
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| 343 | | - | for review until commencement of the original canvass. |
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| 344 | | - | (f) The secretary of state shall adopt rules and regulations |
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| 345 | | - | governing the conduct and procedure of the audit, including the random |
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| 346 | | - | selection of the precincts and offices involved in the audit. |
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| 347 | | - | Sec. 4. K.S.A. 25-4501a is hereby amended to read as follows: 25- |
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| 348 | | - | 4501a. (a) Except as otherwise provided, each political party which |
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| 349 | | - | that is a recognized political party in accordance with K.S.A. 25-302a, |
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| 350 | | - | and amendments thereto, shall have procedures to select a presidential |
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| 351 | | - | nominee and shall select a presidential nominee in accordance with |
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| 352 | | - | such party procedures for the 2016 presidential election, and every |
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| 353 | | - | fourth year thereafter. |
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| 354 | | - | (b) (1) On March 19, 2024, for each political party that is a |
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| 355 | | - | recognized political party in accordance with K.S.A. 25-302a, and |
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| 356 | | - | amendments thereto, there shall be held a presidential preference |
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| 357 | | - | primary election for the purpose of electing the preferred nominee of a |
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| 358 | | - | political party for the office of president and vice president. Except as |
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| 359 | | - | otherwise provided, the provisions of all applicable statutes concerning |
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| 360 | | - | elections shall apply to such election. |
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| 361 | | - | (2) The provisions of this subsection shall not apply to any |
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| 362 | | - | political party that is subject to K.S.A. 25-202(b), and amendments |
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| 363 | | - | thereto, or that has submitted written notice to the secretary of state on |
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| 364 | | - | or before December 1, 2023, that such political party has elected to not |
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| 365 | | - | participate in the presidential preference primary election. |
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| 366 | | - | Sec. 5. K.S.A. 25-4502 is hereby amended to read as follows: 25- |
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| 367 | | - | 4502. (a) Every registered elector who has declared such elector's party |
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| 368 | | - | affiliation with a political party eligible to participate in a state primary |
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| 369 | | - | election shall have the opportunity to vote one vote at a presidential |
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| 370 | | - | preference primary election for such elector's preference for one person Senate Substitute for HOUSE BILL No. 2053—page 7 |
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| 371 | | - | to be the candidate for nomination by such candidate's party for |
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| 372 | | - | president of the United States or for "none of the names shown." Any |
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| 373 | | - | registered elector who has not declared such candidate's party |
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| 374 | | - | affiliation prior to the election may make such a declaration at the |
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| 375 | | - | polling place, and thereupon shall be permitted likewise the opportunity |
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| 376 | | - | to vote one vote at the presidential preference primary. A vote for "none |
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| 377 | | - | of the names shown" shall express the preference for an uncommitted |
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| 378 | | - | delegation from Kansas to the national convention of that elector's |
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| 379 | | - | party. Preference shall be indicated by marking with a cross or check |
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| 380 | | - | mark inside a voting square or a darkened oval on the ballot at the left |
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| 381 | | - | of the voter's choice, or by voting by using a voting machine. |
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| 382 | | - | (b) The name of any candidate for a political party nomination for |
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| 383 | | - | president of the United States shall be printed on the ballots only if, |
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| 384 | | - | such candidate has filed the appropriate registration information with |
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| 385 | | - | the federal election commission to become a candidate for president of |
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| 386 | | - | the United States and one of the following is filed with the secretary of |
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| 387 | | - | state not later than 12 noon, on the date which precedes by seven weeks |
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| 388 | | - | that is 60 days prior to the date of the presidential preference primary |
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| 389 | | - | or, if such date falls on Saturday, Sunday or a holiday, not later than 12 |
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| 390 | | - | noon the following day that is not a Saturday, Sunday or holiday: |
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| 391 | | - | (1) The candidate files with the secretary of state A declaration of |
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| 392 | | - | intent to become a candidate filed by the candidate and accompanied |
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| 393 | | - | by a fee of $100$10,000; or |
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| 394 | | - | (2) there is filed in the office of secretary of state a petition in the |
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| 395 | | - | form prescribed by K.S.A. 25-205, and amendments thereto, signed by |
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| 396 | | - | not less than 1,000 5,000 registered electors, who are affiliated with the |
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| 397 | | - | political party of such candidate as shown by the party affiliation list. |
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| 398 | | - | The secretary of state shall determine the sufficiency of each such |
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| 399 | | - | petition, and such determination shall be final. |
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| 400 | | - | (c) All fees received by the secretary of state pursuant to this |
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| 401 | | - | section shall be remitted to the state treasurer in accordance with the |
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| 402 | | - | provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of |
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| 403 | | - | each such remittance, the state treasurer shall deposit the entire |
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| 404 | | - | amount in the state treasury to the credit of the state general fund. |
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| 405 | | - | Sec. 6. K.S.A. 25-4503 is hereby amended to read as follows: 25- |
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| 406 | | - | 4503. (a) The names of the candidates for nomination for president of |
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| 407 | | - | the United States by a political party eligible to participate in a state |
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| 408 | | - | primary election shall be printed on the official ballots for the |
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| 409 | | - | presidential preference primary elections of their respective parties |
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| 410 | | - | along with the choice of "none of the names shown." The ballots shall |
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| 411 | | - | be marked, returned and canvassed in the same manner and under the |
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| 412 | | - | same conditions, so far as the same are applicable, as in the case of the |
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| 413 | | - | primary election of candidates for nomination for state offices. |
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| 414 | | - | (b) The official presidential preference primary election ballots |
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| 415 | | - | shall be printed in a single column and shall have the following |
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| 416 | | - | heading: |
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| 417 | | - | OFFICIAL PRESIDENTIAL |
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| 418 | | - | PREFERENCE PRIMARY |
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| 419 | | - | ELECTION BALLOT |
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| 420 | | - | ______________Party |
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| 421 | | - | To vote for a person whose name is printed on the ballot make a |
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| 422 | | - | cross or check mark in the square, or darken the oval, to the left of the |
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| 423 | | - | name of the person for whom you desire to vote. To vote for "none of |
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| 424 | | - | the names shown" make a cross or check mark in the square, or darken |
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| 425 | | - | the oval, to the left of such words. |
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| 426 | | - | This shall be followed by the names of the candidates for president |
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| 427 | | - | of the United States of such party in the manner and order certified by |
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| 428 | | - | the secretary of state. |
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| 429 | | - | (c) (1) As soon as possible after the candidate filing deadline, the Senate Substitute for HOUSE BILL No. 2053—page 8 |
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| 430 | | - | secretary of state shall certify to each county election officer the name |
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| 431 | | - | of each person who is a candidate for nomination to be president of the |
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| 432 | | - | United States of each party authorized to participate in the presidential |
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| 433 | | - | preference primary election. The secretary of state shall publish, not |
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| 434 | | - | less than 21 31 days prior to the presidential preference primary, a |
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| 435 | | - | notice in one newspaper in each county of the state where a newspaper |
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| 436 | | - | is published, that the official list of candidates and the date of the |
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| 437 | | - | election can be acquired in the office of the secretary of state or the |
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| 438 | | - | office of the county election officer. Such notice shall also be published |
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| 439 | | - | on the secretary of state's website and on the website of each county |
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| 440 | | - | election office. |
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| 441 | | - | (2) After such publication, the secretary of state shall certify the |
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| 442 | | - | amount of moneys expended on such publication and shall transmit a |
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| 443 | | - | copy of such certification to the director of accounts and reports. Upon |
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| 444 | | - | receipt of such certification, the director of accounts and reports shall |
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| 445 | | - | transfer an amount of moneys equal to such certified amounts from the |
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| 446 | | - | state general fund to the information services fee fund of the secretary |
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| 447 | | - | of state and shall transmit a notification of such transfer to the director |
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| 448 | | - | of legislative research and the director of the budget. |
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| 449 | | - | (d) When a party participating in the presidential preference |
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| 450 | | - | primary election has more than one candidate, the secretary of state |
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| 451 | | - | shall determine by lot the order in which the candidates' names will |
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| 452 | | - | appear on the ballot. The order of names, as established by the |
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| 453 | | - | secretary of state, shall be uniform in each county throughout the state. |
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| 454 | | - | (e) (1) All such ballots that are received in the office of the county |
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| 455 | | - | election officer or any polling place by the following times shall be |
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| 456 | | - | delivered by the county election officer to the county board of |
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| 457 | | - | canvassers for canvassing: |
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| 458 | | - | (A) For advance voting ballots transmitted in person, 12 noon on |
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| 459 | | - | the day preceding such election; and |
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| 460 | | - | (B) for advance voting ballots transmitted by mail, the closing of |
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| 461 | | - | the polls on the date of such election. |
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| 462 | | - | (2) An advance voting ballot shall not be counted if such ballot is |
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| 463 | | - | received by the county election office or any polling place after the |
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| 464 | | - | closing time of the polls on the date of such election. |
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| 465 | | - | Sec. 7. K.S.A. 25-4505 is hereby amended to read as follows: 25- |
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| 466 | | - | 4505. (a) Not later than eight days after a presidential preference |
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| 467 | | - | primary election is held, the county board of canvassers of each county |
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| 468 | | - | shall meet at the office of the county election officer, unless another |
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| 469 | | - | place is agreed upon and announced as provided in K.S.A. 25-3105, |
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| 470 | | - | and amendments thereto, at any time between 8:00 and 10:00 o'clock |
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| 471 | | - | a.m. on the Friday following the day a presidential preference primary |
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| 472 | | - | election is held and canvass the vote of such preference primary. The |
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| 473 | | - | county election officer may move the canvass to the Monday next |
|---|
| 474 | | - | following the election if notice of such change is published prior to the |
|---|
| 475 | | - | canvass in a newspaper of general circulation within the county. Upon |
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| 476 | | - | completion of such canvass, the county election officer of each county |
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| 477 | | - | shall prepare an abstract of the vote of the presidential preference |
|---|
| 478 | | - | primary election in his or her such county as such vote is determined by |
|---|
| 479 | | - | the county board of canvassers and shall promptly transmit the same |
|---|
| 480 | | - | such abstract to the secretary of state no later than the tenth day after |
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| 481 | | - | the day of the election. Each county election officer shall also post a |
|---|
| 482 | | - | copy of such abstract in a public place in the courthouse of his or her |
|---|
| 483 | | - | such county and on the website of such county election office. |
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| 484 | | - | (b) Every such transmittal shall be made by first class mail or by a |
|---|
| 485 | | - | messenger use of secure email transmission or other means approved |
|---|
| 486 | | - | by the secretary of state. If the secretary of state fails to receive the |
|---|
| 487 | | - | abstract of the canvass from any county within 14 days next after the |
|---|
| 488 | | - | election, he or she the secretary shall dispatch a special messenger to Senate Substitute for HOUSE BILL No. 2053—page 9 |
|---|
| 489 | | - | obtain a copy of the same such abstract, and the county election officer |
|---|
| 490 | | - | shall immediately, on demand of such messenger, make out and deliver |
|---|
| 491 | | - | to such messenger the copy required. Thereupon, The messenger shall |
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| 492 | | - | deliver such copy to the secretary of state, and the secretary of state |
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| 493 | | - | shall be reimbursed for the expenses of such messenger by such county. |
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| 494 | | - | Sec. 8. K.S.A. 25-4506 is hereby amended to read as follows: 25- |
|---|
| 495 | | - | 4506. (a) Except as provided in subsection (b), the state board of |
|---|
| 496 | | - | canvassers shall meet at the call of the secretary of state following a |
|---|
| 497 | | - | presidential preference primary election. The secretary of state shall |
|---|
| 498 | | - | present to the board a tabulation of the results of such election in each |
|---|
| 499 | | - | county. The state board of canvassers shall consider the tabulation and |
|---|
| 500 | | - | make such further inquiries of the secretary of state as it deems |
|---|
| 501 | | - | appropriate and upon the information presented by the secretary of state |
|---|
| 502 | | - | and such additional information as it deems appropriate to consider, |
|---|
| 503 | | - | determine the result of such election. Provisions of law relating to the |
|---|
| 504 | | - | canvass of the national and state general elections shall, as far as |
|---|
| 505 | | - | applicable, apply to the canvass and certification of presidential |
|---|
| 506 | | - | preference primary elections. As soon as such final canvass of the |
|---|
| 507 | | - | election is completed, the secretary of state shall publish in the Kansas |
|---|
| 508 | | - | register a certified statement of the candidates for president of each |
|---|
| 509 | | - | party and the number of votes each received on a statewide basis and |
|---|
| 510 | | - | for each congressional district as determined by the state board of |
|---|
| 511 | | - | canvassers. Such report of the final canvass shall be published on the |
|---|
| 512 | | - | secretary of state's website. |
|---|
| 513 | | - | (b) For any presidential preference primary election held in 2024, |
|---|
| 514 | | - | the state board of canvassers shall meet on or before April 12, 2024. |
|---|
| 515 | | - | Sec. 9. K.S.A. 25-4507 is hereby amended to read as follows: 25- |
|---|
| 516 | | - | 4507. (a) Upon completion of the state canvass of the results of the |
|---|
| 517 | | - | presidential preference primary, the secretary of state shall certify to the |
|---|
| 518 | | - | state chairperson of each political party participating in the presidential |
|---|
| 519 | | - | preference primary the number of votes received by each candidate of |
|---|
| 520 | | - | that party and the number of votes for an uncommitted delegation |
|---|
| 521 | | - | received by that party. |
|---|
| 522 | | - | (b) Each political party shall then select as many delegates and |
|---|
| 523 | | - | alternates to the national party convention as are allotted to it by the |
|---|
| 524 | | - | national committee of that party, according to K.S.A. 25-4506 and this |
|---|
| 525 | | - | section, and amendments thereto. |
|---|
| 526 | | - | (c) No later than 60 days following the presidential preference |
|---|
| 527 | | - | primary, Delegates and alternates to a national party convention shall |
|---|
| 528 | | - | be selected by a party at its state convention, or as otherwise provided |
|---|
| 529 | | - | by party rules adopted by the committees of the political parties. The |
|---|
| 530 | | - | number of delegates and the number of alternates to a national party |
|---|
| 531 | | - | convention shall be determined according to party rules. Delegates and |
|---|
| 532 | | - | alternates to a national party convention shall be selected in the manner |
|---|
| 533 | | - | prescribed by party rules. The binding of delegates and alternates to a |
|---|
| 534 | | - | national party convention shall be determined by party rules. All such |
|---|
| 535 | | - | rules shall be filed with the secretary of state no not later than January |
|---|
| 536 | | - | 2, 1992, and no not later than January 2 every fourth year thereafter |
|---|
| 537 | | - | and such rules shall be published on the secretary of state's website. Senate Substitute for HOUSE BILL No. 2053—page 10 |
|---|
| 538 | | - | Sec. 10. K.S.A. 25-1122, 25-2311, 25-4501a, 25-4502, 25-4503, |
|---|
| 539 | | - | 25-4505, 25-4506 and 25-4507 and K.S.A. 2022 Supp. 25-3009 are |
|---|
| 540 | | - | hereby repealed. |
|---|
| 541 | | - | Sec. 11. This act shall take effect and be in force from and after its |
|---|
| 9 | + | Section 1. (a) On or before January 1, 2024, the secretary of state |
|---|
| 10 | + | shall adopt rules and regulations for the use of remote ballot boxes by |
|---|
| 11 | + | county election officers for the return of advance voting ballots. Such |
|---|
| 12 | + | regulations shall include the dates, times and locations for the use of |
|---|
| 13 | + | remote ballot boxes and any other requirements that the secretary deems |
|---|
| 14 | + | necessary to preserve the integrity of the ballots and the election process. |
|---|
| 15 | + | (b) As used in this section, "remote ballot boxes" means any form of |
|---|
| 16 | + | locked ballot boxes designated by the county election officer as available |
|---|
| 17 | + | for use for depositing advance voting ballots. "Remote ballot boxes" does |
|---|
| 18 | + | not include any ballot boxes located in a county election office or satellite |
|---|
| 19 | + | advance voting site. |
|---|
| 20 | + | Sec. 2. This act shall take effect and be in force from and after its |
|---|