Expanding certain election crimes and creating new ones, eliminating the criminal prosecutorial authority of the secretary of state and defining special elections.
Impact
Should HB2190 pass, it could significantly alter the legal framework surrounding elections in Kansas. The expansion of definitions related to election crimes brings clarity but also raises the stakes for individuals involved in electoral processes. Moreover, the elimination of the Secretary of State's authority to pursue criminal prosecutions directly might streamline responsibilities but can lead to the perception of detachment from enforcement of election laws. This may lead to increased reliance on county attorneys or the attorney general's office for prosecuting election-related offenses.
Summary
House Bill 2190 concerns election procedures and intends to clarify the duties of election officials while expanding certain election-related crimes. Key features of the bill include defining 'interference with an election official' and introducing new offenses such as failure to comply with statewide voter registration database requirements. Both offenses are categorized as felonies, with interference being classified as a level 7 nonperson felony, while noncompliance with registration requirements is a level 10 felony. The bill repeals existing sections that conflict with these new regulations.
Contention
Controversies surrounding HB2190 primarily center around the balance of power in election oversight. Proponents argue that defining and expanding election crimes is necessary to protect the integrity of the electoral process. However, opponents may voice concerns regarding potential overreach in criminalizing certain disruptive behaviors and fear that the bill could stifle public participation or indirectly affect voter turnout. The implications of this legislation on local governance and enforcement practices may also invite debate on whether the new regulations adequately safeguard voter rights and election fairness.
Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses.
Prohibiting remote ballot boxes, providing for reporting and publication of voting results and public access to voting records and materials, limiting advance voting provisions and requiring receipt of advance voting ballots by election day, limiting the size of precincts, making the general election a state holiday, providing that the sheriff has sole jurisdiction for and shall provide security at voting places, establishing the authority of the legislature over elections with preeminence over rules and regulations of the secretary of state and federal election law and making certain election crimes felonies.
Requiring a presidential preference primary election to be held on the first Tuesday following the first Monday in May every fourth year and changing the primary election date for all primary elections to the first Tuesday following the first Monday in May.
Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)
"Restoring the Representation of Legal Residents Act;" requires Secretary of State to adjust census apportionment and redistricting data to remove illegal alien population for apportionment and redistricting purposes in this State.