Session of 2024
HOUSE BILL No. 2512
By Committee on Elections
Requested by Representative Waggoner
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AN ACT concerning elections; relating to advance voting ballots;
requiring that if such ballots are cast in person that they be received in
the county election office by 7:00 p.m. on the second day preceding the
election; amending K.S.A. 25-1128 and K.S.A. 2023 Supp. 25-1122
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 25-1122 is hereby amended to read as
follows: 25-1122. (a) Any registered voter may file with the county
election officer where such person is a resident, or where such person is
authorized by law to vote as a former precinct resident, an application for
an advance voting ballot. The signed application shall be transmitted only
to the county election officer by personal delivery, mail, facsimile or as
otherwise provided by law.
(b) If the registered voter is applying for an advance voting ballot to
be transmitted in person, the voter shall provide identification pursuant to
K.S.A. 25-2908, and amendments thereto.
(c) If the registered voter is applying for an advance voting ballot to
be transmitted by mail, the voter shall provide with the application for an
advance voting ballot the voter's current and valid Kansas driver's license
number, nondriver's identification card number or a photocopy of any
other identification provided by K.S.A. 25-2908, and amendments thereto.
(d) A voter may vote a provisional ballot according to K.S.A. 25-409,
and amendments thereto, if:
(1) The voter is unable or refuses to provide current and valid
identification; or
(2) the name and address of the voter provided on the application for
an advance voting ballot do not match the voter's name and address on the
registration book. The voter shall provide a valid form of identification as
defined in K.S.A. 25-2908, and amendments thereto, to the county election
officer in person or provide a copy by mail or electronic means before the
meeting of the county board of canvassers. At the meeting of the county
board of canvassers the county election officer shall present copies of
identification received from provisional voters and the corresponding
provisional ballots. If the county board of canvassers determines that a
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voter's identification is valid and the provisional ballot was properly cast,
the ballot shall be counted.
(e) No county election officer shall provide an advance voting ballot
to a person who is requesting an advance voting ballot to be transmitted by
mail unless:
(1) The county election official verifies that the signature of the
person matches that on file in the county voter registration records, except
that verification of the voter's signature shall not be required if a voter has
a disability preventing the voter from signing. Signature verification may
occur by electronic device or by human inspection. In the event that the
signature of a person who is requesting an advance voting ballot does not
match that on file, the county election officer shall attempt to contact the
person and shall offer the person another opportunity to provide the
person's signature for the purposes of verifying the person's identity. If the
county election officer is unable to reach the person, the county election
officer may transmit a provisional ballot, however, such provisional ballot
may not be counted unless a signature is included therewith that can be
verified; and
(2) the person provides such person's full Kansas driver's license
number, Kansas nondriver's identification card number issued by the
division of vehicles, or submits such person's application for an advance
voting ballot and a copy of identification provided by K.S.A. 25-2908, and
amendments thereto, to the county election officer for verification. If a
person applies for an advance voting ballot to be transmitted by mail but
fails to provide identification pursuant to this subsection or the
identification of the person cannot be verified by the county election
officer, the county election officer shall provide information to the person
regarding the voter rights provisions of subsection (d) and shall provide
the person an opportunity to provide identification pursuant to this
subsection. For the purposes of this act, Kansas state offices and offices of
any subdivision of the state will allow any person seeking to vote by an
advance voting ballot the use of a photocopying device to make one
photocopy of an identification document at no cost.
(f) (1) Applications for advance voting ballots to be transmitted to the
voter by mail shall be filed only at the following times:
(A) For the primary election occurring on the first Tuesday in August
in both even-numbered and odd-numbered years, between April 1 of such
year and the Tuesday of the week preceding such primary election;
(B) for the general election occurring on the Tuesday following the
first Monday in November in both even-numbered and odd-numbered
years, between 90 days prior to such election and the Tuesday of the week
preceding such general election;
(C) for the presidential preference primary election held pursuant to
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K.S.A. 25-4501a, and amendments thereto, between January 1 of the year
in which such election is held and 30 days prior to the day of such
election;
(D) for question submitted elections occurring on the date of a
primary or general election, the same as is provided for ballots for election
of officers at such election;
(E) for question submitted elections not occurring on the date of a
primary or general election, between the time of the first published notice
thereof and the Tuesday of the week preceding such question submitted
election, except that if the question submitted election is held on a day
other than a Tuesday, the final date for mailing of advance voting ballots
shall be one week before such election; and
(F) for any special election of officers, at such time as is specified by
the secretary of state.
(2) The county election officer of any county may receive
applications prior to the time specified in this subsection and hold such
applications until the beginning of the prescribed application period. Such
applications shall be treated as filed on that date.
(g) (1) Unless an earlier date is designated by the county election
office, applications for advance voting ballots transmitted to the voter in
person shall be filed on the Tuesday next preceding the election and on
each subsequent business day until no not later than 12 noon 7:00 p.m. on
the second day preceding such election. If the county election officer so
provides, applications for advance voting ballots transmitted to the voter in
person in the office of the county election officer also may be filed on the
Saturday or Sunday preceding the election. Upon receipt of any such
properly executed application, the county election officer shall deliver to
the voter such ballots and instructions as are provided for in this act.
(2) An application for an advance voting ballot filed by a voter who
has a temporary illness or disability or who is not proficient in reading the
English language or by a person rendering assistance to such voter may be
filed during the regular advance ballot application periods until the close
of the polls on election day.
(3) The county election officer may designate places other than the
central county election office as satellite advance voting sites. At any
satellite advance voting site, a registered voter may obtain an application
for advance voting ballots. Ballots and instructions shall be delivered to
the voter in the same manner and subject to the same limitations as
otherwise provided by this subsection.
(h) Any person having a permanent disability or an illness that has
been diagnosed as a permanent illness is hereby authorized to make an
application for permanent advance voting status. Applications for
permanent advance voting status shall be in the form and contain such
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information as is required for application for advance voting ballots and
also shall contain information that establishes the voter's right to
permanent advance voting status.
(i) On receipt of any application filed under the provisions of this
section, the county election officer shall prepare and maintain in such
officer's office a list of the names of all persons who have filed such
applications, together with their correct post office address and the
precinct, ward, township or voting area in which the persons claim to be
registered voters or to be authorized by law to vote as former precinct
residents and the present resident address of each applicant. Names and
addresses shall remain so listed until the day of such election. The county
election officer shall maintain a separate listing of the names and addresses
of persons qualifying for permanent advance voting status. All such lists
shall be available for inspection upon request in compliance with this
subsection by any registered voter during regular business hours. The
county election officer upon receipt of the applications shall enter upon a
record kept by such officer the name and address of each applicant, which
record shall conform to the list above required. Before inspection of any
advance voting ballot application list, the person desiring to make the
inspection shall provide to the county election officer identification in the
form of driver's license or other reliable identification and shall sign a log
book or application form maintained by the officer stating the person's
name and address and showing the date and time of inspection. All records
made by the county election officer shall be subject to public inspection,
except that the voter identification information required by subsections (b)
and (c) and the identifying number on ballots and ballot envelopes and
records of such numbers shall not be made public.
(j) If a person on the permanent advance voting list fails to vote in
four consecutive general elections, the county election officer may mail a
notice to such voter. The notice shall inform the voter that the voter's name
will be removed from the permanent advance voting list unless the voter
renews the application for permanent advance voting status within 30 days
after the notice is mailed. If the voter fails to renew such application, the
county election officer shall remove the voter's name from the permanent
advance voting list. Failure to renew the application for permanent
advance voting status shall not result in removal of the voter's name from
the voter registration list.
(k) (1) Any person who solicits by mail a registered voter to file an
application for an advance voting ballot and includes an application for an
advance voting ballot in such mailing shall include on the exterior of such
mailing, and on each page contained therein, except the application, a clear
and conspicuous label in 14-point font or larger that includes:
(A) The name of the individual or organization that caused such
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solicitation to be mailed;
(B) if an organization, the name of the president, chief executive
officer or executive director of such organization;
(C) the address of such individual or organization; and
(D) the following statement: "Disclosure: This is not a government
mailing. It is from a private individual or organization."
(2) The application for an advance voting ballot included in such
mailing shall be the official application for advance ballot by mail
provided by the secretary of state. No portion of such application shall be
completed prior to mailing such application to the registered voter.
(3) An application for an advance voting ballot shall include an
envelope addressed to the appropriate county election office for the
mailing of such application. In no case shall the person who mails the
application to the voter direct that the completed application be returned to
such person.
(4) The provisions of this subsection shall not apply to:
(A) The secretary of state or any election official or county election
office; or
(B) the official protection and advocacy for voting access agency for
this state as designated pursuant to the federal help America vote act of
2002, public law 107-252, or any other entity required to provide
information concerning elections and voting procedures by federal law.
(5) A violation of this subsection is a class C nonperson
misdemeanor.
(l) (1) No person shall mail or cause to be mailed an application for
an advance voting ballot, unless such person is a resident of this state or is
otherwise domiciled in this state.
(2) Any individual may file a complaint in writing with the attorney
general alleging a violation of this subsection. Such complaint shall
include the name of the person alleged to have violated this subsection and
any other information as required by the attorney general. Upon receipt of
a complaint, the attorney general shall investigate and may file an action
against any person found to have violated this subsection.
(3) Any person who violates the provisions of this subsection is
subject to a civil penalty of $20. Each instance in which a person mails an
application for an advance voting ballot in violation of this section shall
constitute a separate violation.
(m) A county election officer shall not mail a ballot to a voter unless
such voter has submitted an application for an advance voting ballot,
except that a ballot may be mailed to a voter if such voter has permanent
advance voting ballot status pursuant to subsection (h) or if the election is
conducted pursuant to the mail ballot election act, K.S.A. 25-431 et seq.,
and amendments thereto.
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(n) The secretary of state may adopt rules and regulations in order to
implement the provisions of this section and to define valid forms of
identification.
Sec. 2. K.S.A. 25-1128 is hereby amended to read as follows: 25-
1128. (a) No voter shall knowingly mark or transmit to the county election
officer more than one advance voting ballot, or set of one of each kind of
ballot, if the voter is entitled to vote more than one such ballot at a
particular election.
(b) Except as provided in K.S.A. 25-1124, and amendments thereto,
no person shall knowingly interfere with or delay the transmission of any
advance voting ballot application from a voter to the county election
officer, nor shall any person mail, fax or otherwise cause the application to
be sent to a place other than the county election office. Any person or
group engaged in the distribution of advance voting ballot applications
shall mail, fax or otherwise deliver any application signed by a voter to the
county election office within two days after such application is signed by
the applicant.
(c) Except as otherwise provided by law, no person other than the
voter, shall knowingly mark, sign or transmit to the county election officer
any advance voting ballot or advance voting ballot envelope.
(d) Except as otherwise provided by law, no person shall knowingly
sign an application for an advance voting ballot for another person. This
provision shall not apply if a voter has a disability preventing the voter
from signing an application or if an immediate family member signs an
application on behalf of another immediate family member with proper
authorization being given.
(e) No person, unless authorized by K.S.A. 25-1122 or 25-1124, and
amendments thereto, shall knowingly intercept, interfere with, or delay the
transmission of advance voting ballots from the county election officer to
the voter.
(f) No person shall knowingly and falsely affirm, declare or subscribe
to any material fact in an affirmation form for an advance voting ballot or
set of advance voting ballots.
(g) A voter may return such voter's advance voting ballot to the
county election officer by personal delivery or by mail. Subject to the
provisions of K.S.A. 25-2437, and amendments thereto, a person other
than the voter may return the advance voting ballot by personal delivery or
mail if authorized by the voter in writing as provided in K.S.A. 25-2437,
and amendments thereto, except that a written designation shall not be
required from a voter who has a disability preventing the voter from
writing or signing a written designation. Any such person designated by
the voter shall sign a statement in accordance with K.S.A. 25-2437, and
amendments thereto. All advance voting ballots returned by personal
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delivery and all ballots cast by advance in-person voting shall be
delivered to the county election office not later than 7:00 p.m. on the
second day preceding the date of the election. If the county election officer
so provides, such ballots may be delivered or cast on the Saturday or
Sunday preceding the election.
(h) Except as otherwise provided by federal law, no person shall
knowingly backdate or otherwise alter a postmark or other official
indication of the date of mailing of an advance voting ballot returned to the
county election officer by mail for the purpose of indicating a date of
mailing other than the actual date of mailing by the voter or the voter's
designee.
(i) Violation of any provision of this section is a severity level 9,
nonperson felony.
Sec. 3. K.S.A. 25-1128 and K.S.A. 2023 Supp. 25-1122 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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