KS
Kansas House Bill HB2512

Kansas 2023-2024 Regular Session

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11 Session of 2024
22 HOUSE BILL No. 2512
33 By Committee on Elections
44 Requested by Representative Waggoner
55 1-17
66 AN ACT concerning elections; relating to advance voting ballots;
77 requiring that if such ballots are cast in person that they be received in
88 the county election office by 7:00 p.m. on the second day preceding the
99 election; amending K.S.A. 25-1128 and K.S.A. 2023 Supp. 25-1122
1010 and repealing the existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2023 Supp. 25-1122 is hereby amended to read as
1313 follows: 25-1122. (a) Any registered voter may file with the county
1414 election officer where such person is a resident, or where such person is
1515 authorized by law to vote as a former precinct resident, an application for
1616 an advance voting ballot. The signed application shall be transmitted only
1717 to the county election officer by personal delivery, mail, facsimile or as
1818 otherwise provided by law.
1919 (b) If the registered voter is applying for an advance voting ballot to
2020 be transmitted in person, the voter shall provide identification pursuant to
2121 K.S.A. 25-2908, and amendments thereto.
2222 (c) If the registered voter is applying for an advance voting ballot to
2323 be transmitted by mail, the voter shall provide with the application for an
2424 advance voting ballot the voter's current and valid Kansas driver's license
2525 number, nondriver's identification card number or a photocopy of any
2626 other identification provided by K.S.A. 25-2908, and amendments thereto.
2727 (d) A voter may vote a provisional ballot according to K.S.A. 25-409,
2828 and amendments thereto, if:
2929 (1) The voter is unable or refuses to provide current and valid
3030 identification; or
3131 (2) the name and address of the voter provided on the application for
3232 an advance voting ballot do not match the voter's name and address on the
3333 registration book. The voter shall provide a valid form of identification as
3434 defined in K.S.A. 25-2908, and amendments thereto, to the county election
3535 officer in person or provide a copy by mail or electronic means before the
3636 meeting of the county board of canvassers. At the meeting of the county
3737 board of canvassers the county election officer shall present copies of
3838 identification received from provisional voters and the corresponding
3939 provisional ballots. If the county board of canvassers determines that a
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7575 voter's identification is valid and the provisional ballot was properly cast,
7676 the ballot shall be counted.
7777 (e) No county election officer shall provide an advance voting ballot
7878 to a person who is requesting an advance voting ballot to be transmitted by
7979 mail unless:
8080 (1) The county election official verifies that the signature of the
8181 person matches that on file in the county voter registration records, except
8282 that verification of the voter's signature shall not be required if a voter has
8383 a disability preventing the voter from signing. Signature verification may
8484 occur by electronic device or by human inspection. In the event that the
8585 signature of a person who is requesting an advance voting ballot does not
8686 match that on file, the county election officer shall attempt to contact the
8787 person and shall offer the person another opportunity to provide the
8888 person's signature for the purposes of verifying the person's identity. If the
8989 county election officer is unable to reach the person, the county election
9090 officer may transmit a provisional ballot, however, such provisional ballot
9191 may not be counted unless a signature is included therewith that can be
9292 verified; and
9393 (2) the person provides such person's full Kansas driver's license
9494 number, Kansas nondriver's identification card number issued by the
9595 division of vehicles, or submits such person's application for an advance
9696 voting ballot and a copy of identification provided by K.S.A. 25-2908, and
9797 amendments thereto, to the county election officer for verification. If a
9898 person applies for an advance voting ballot to be transmitted by mail but
9999 fails to provide identification pursuant to this subsection or the
100100 identification of the person cannot be verified by the county election
101101 officer, the county election officer shall provide information to the person
102102 regarding the voter rights provisions of subsection (d) and shall provide
103103 the person an opportunity to provide identification pursuant to this
104104 subsection. For the purposes of this act, Kansas state offices and offices of
105105 any subdivision of the state will allow any person seeking to vote by an
106106 advance voting ballot the use of a photocopying device to make one
107107 photocopy of an identification document at no cost.
108108 (f) (1) Applications for advance voting ballots to be transmitted to the
109109 voter by mail shall be filed only at the following times:
110110 (A) For the primary election occurring on the first Tuesday in August
111111 in both even-numbered and odd-numbered years, between April 1 of such
112112 year and the Tuesday of the week preceding such primary election;
113113 (B) for the general election occurring on the Tuesday following the
114114 first Monday in November in both even-numbered and odd-numbered
115115 years, between 90 days prior to such election and the Tuesday of the week
116116 preceding such general election;
117117 (C) for the presidential preference primary election held pursuant to
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161161 K.S.A. 25-4501a, and amendments thereto, between January 1 of the year
162162 in which such election is held and 30 days prior to the day of such
163163 election;
164164 (D) for question submitted elections occurring on the date of a
165165 primary or general election, the same as is provided for ballots for election
166166 of officers at such election;
167167 (E) for question submitted elections not occurring on the date of a
168168 primary or general election, between the time of the first published notice
169169 thereof and the Tuesday of the week preceding such question submitted
170170 election, except that if the question submitted election is held on a day
171171 other than a Tuesday, the final date for mailing of advance voting ballots
172172 shall be one week before such election; and
173173 (F) for any special election of officers, at such time as is specified by
174174 the secretary of state.
175175 (2) The county election officer of any county may receive
176176 applications prior to the time specified in this subsection and hold such
177177 applications until the beginning of the prescribed application period. Such
178178 applications shall be treated as filed on that date.
179179 (g) (1) Unless an earlier date is designated by the county election
180180 office, applications for advance voting ballots transmitted to the voter in
181181 person shall be filed on the Tuesday next preceding the election and on
182182 each subsequent business day until no not later than 12 noon 7:00 p.m. on
183183 the second day preceding such election. If the county election officer so
184184 provides, applications for advance voting ballots transmitted to the voter in
185185 person in the office of the county election officer also may be filed on the
186186 Saturday or Sunday preceding the election. Upon receipt of any such
187187 properly executed application, the county election officer shall deliver to
188188 the voter such ballots and instructions as are provided for in this act.
189189 (2) An application for an advance voting ballot filed by a voter who
190190 has a temporary illness or disability or who is not proficient in reading the
191191 English language or by a person rendering assistance to such voter may be
192192 filed during the regular advance ballot application periods until the close
193193 of the polls on election day.
194194 (3) The county election officer may designate places other than the
195195 central county election office as satellite advance voting sites. At any
196196 satellite advance voting site, a registered voter may obtain an application
197197 for advance voting ballots. Ballots and instructions shall be delivered to
198198 the voter in the same manner and subject to the same limitations as
199199 otherwise provided by this subsection.
200200 (h) Any person having a permanent disability or an illness that has
201201 been diagnosed as a permanent illness is hereby authorized to make an
202202 application for permanent advance voting status. Applications for
203203 permanent advance voting status shall be in the form and contain such
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247247 information as is required for application for advance voting ballots and
248248 also shall contain information that establishes the voter's right to
249249 permanent advance voting status.
250250 (i) On receipt of any application filed under the provisions of this
251251 section, the county election officer shall prepare and maintain in such
252252 officer's office a list of the names of all persons who have filed such
253253 applications, together with their correct post office address and the
254254 precinct, ward, township or voting area in which the persons claim to be
255255 registered voters or to be authorized by law to vote as former precinct
256256 residents and the present resident address of each applicant. Names and
257257 addresses shall remain so listed until the day of such election. The county
258258 election officer shall maintain a separate listing of the names and addresses
259259 of persons qualifying for permanent advance voting status. All such lists
260260 shall be available for inspection upon request in compliance with this
261261 subsection by any registered voter during regular business hours. The
262262 county election officer upon receipt of the applications shall enter upon a
263263 record kept by such officer the name and address of each applicant, which
264264 record shall conform to the list above required. Before inspection of any
265265 advance voting ballot application list, the person desiring to make the
266266 inspection shall provide to the county election officer identification in the
267267 form of driver's license or other reliable identification and shall sign a log
268268 book or application form maintained by the officer stating the person's
269269 name and address and showing the date and time of inspection. All records
270270 made by the county election officer shall be subject to public inspection,
271271 except that the voter identification information required by subsections (b)
272272 and (c) and the identifying number on ballots and ballot envelopes and
273273 records of such numbers shall not be made public.
274274 (j) If a person on the permanent advance voting list fails to vote in
275275 four consecutive general elections, the county election officer may mail a
276276 notice to such voter. The notice shall inform the voter that the voter's name
277277 will be removed from the permanent advance voting list unless the voter
278278 renews the application for permanent advance voting status within 30 days
279279 after the notice is mailed. If the voter fails to renew such application, the
280280 county election officer shall remove the voter's name from the permanent
281281 advance voting list. Failure to renew the application for permanent
282282 advance voting status shall not result in removal of the voter's name from
283283 the voter registration list.
284284 (k) (1) Any person who solicits by mail a registered voter to file an
285285 application for an advance voting ballot and includes an application for an
286286 advance voting ballot in such mailing shall include on the exterior of such
287287 mailing, and on each page contained therein, except the application, a clear
288288 and conspicuous label in 14-point font or larger that includes:
289289 (A) The name of the individual or organization that caused such
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333333 solicitation to be mailed;
334334 (B) if an organization, the name of the president, chief executive
335335 officer or executive director of such organization;
336336 (C) the address of such individual or organization; and
337337 (D) the following statement: "Disclosure: This is not a government
338338 mailing. It is from a private individual or organization."
339339 (2) The application for an advance voting ballot included in such
340340 mailing shall be the official application for advance ballot by mail
341341 provided by the secretary of state. No portion of such application shall be
342342 completed prior to mailing such application to the registered voter.
343343 (3) An application for an advance voting ballot shall include an
344344 envelope addressed to the appropriate county election office for the
345345 mailing of such application. In no case shall the person who mails the
346346 application to the voter direct that the completed application be returned to
347347 such person.
348348 (4) The provisions of this subsection shall not apply to:
349349 (A) The secretary of state or any election official or county election
350350 office; or
351351 (B) the official protection and advocacy for voting access agency for
352352 this state as designated pursuant to the federal help America vote act of
353353 2002, public law 107-252, or any other entity required to provide
354354 information concerning elections and voting procedures by federal law.
355355 (5) A violation of this subsection is a class C nonperson
356356 misdemeanor.
357357 (l) (1) No person shall mail or cause to be mailed an application for
358358 an advance voting ballot, unless such person is a resident of this state or is
359359 otherwise domiciled in this state.
360360 (2) Any individual may file a complaint in writing with the attorney
361361 general alleging a violation of this subsection. Such complaint shall
362362 include the name of the person alleged to have violated this subsection and
363363 any other information as required by the attorney general. Upon receipt of
364364 a complaint, the attorney general shall investigate and may file an action
365365 against any person found to have violated this subsection.
366366 (3) Any person who violates the provisions of this subsection is
367367 subject to a civil penalty of $20. Each instance in which a person mails an
368368 application for an advance voting ballot in violation of this section shall
369369 constitute a separate violation.
370370 (m) A county election officer shall not mail a ballot to a voter unless
371371 such voter has submitted an application for an advance voting ballot,
372372 except that a ballot may be mailed to a voter if such voter has permanent
373373 advance voting ballot status pursuant to subsection (h) or if the election is
374374 conducted pursuant to the mail ballot election act, K.S.A. 25-431 et seq.,
375375 and amendments thereto.
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419419 (n) The secretary of state may adopt rules and regulations in order to
420420 implement the provisions of this section and to define valid forms of
421421 identification.
422422 Sec. 2. K.S.A. 25-1128 is hereby amended to read as follows: 25-
423423 1128. (a) No voter shall knowingly mark or transmit to the county election
424424 officer more than one advance voting ballot, or set of one of each kind of
425425 ballot, if the voter is entitled to vote more than one such ballot at a
426426 particular election.
427427 (b) Except as provided in K.S.A. 25-1124, and amendments thereto,
428428 no person shall knowingly interfere with or delay the transmission of any
429429 advance voting ballot application from a voter to the county election
430430 officer, nor shall any person mail, fax or otherwise cause the application to
431431 be sent to a place other than the county election office. Any person or
432432 group engaged in the distribution of advance voting ballot applications
433433 shall mail, fax or otherwise deliver any application signed by a voter to the
434434 county election office within two days after such application is signed by
435435 the applicant.
436436 (c) Except as otherwise provided by law, no person other than the
437437 voter, shall knowingly mark, sign or transmit to the county election officer
438438 any advance voting ballot or advance voting ballot envelope.
439439 (d) Except as otherwise provided by law, no person shall knowingly
440440 sign an application for an advance voting ballot for another person. This
441441 provision shall not apply if a voter has a disability preventing the voter
442442 from signing an application or if an immediate family member signs an
443443 application on behalf of another immediate family member with proper
444444 authorization being given.
445445 (e) No person, unless authorized by K.S.A. 25-1122 or 25-1124, and
446446 amendments thereto, shall knowingly intercept, interfere with, or delay the
447447 transmission of advance voting ballots from the county election officer to
448448 the voter.
449449 (f) No person shall knowingly and falsely affirm, declare or subscribe
450450 to any material fact in an affirmation form for an advance voting ballot or
451451 set of advance voting ballots.
452452 (g) A voter may return such voter's advance voting ballot to the
453453 county election officer by personal delivery or by mail. Subject to the
454454 provisions of K.S.A. 25-2437, and amendments thereto, a person other
455455 than the voter may return the advance voting ballot by personal delivery or
456456 mail if authorized by the voter in writing as provided in K.S.A. 25-2437,
457457 and amendments thereto, except that a written designation shall not be
458458 required from a voter who has a disability preventing the voter from
459459 writing or signing a written designation. Any such person designated by
460460 the voter shall sign a statement in accordance with K.S.A. 25-2437, and
461461 amendments thereto. All advance voting ballots returned by personal
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505505 delivery and all ballots cast by advance in-person voting shall be
506506 delivered to the county election office not later than 7:00 p.m. on the
507507 second day preceding the date of the election. If the county election officer
508508 so provides, such ballots may be delivered or cast on the Saturday or
509509 Sunday preceding the election.
510510 (h) Except as otherwise provided by federal law, no person shall
511511 knowingly backdate or otherwise alter a postmark or other official
512512 indication of the date of mailing of an advance voting ballot returned to the
513513 county election officer by mail for the purpose of indicating a date of
514514 mailing other than the actual date of mailing by the voter or the voter's
515515 designee.
516516 (i) Violation of any provision of this section is a severity level 9,
517517 nonperson felony.
518518 Sec. 3. K.S.A. 25-1128 and K.S.A. 2023 Supp. 25-1122 are hereby
519519 repealed.
520520 Sec. 4. This act shall take effect and be in force from and after its
521521 publication in the statute book.
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