HOUSE BILL No. 2614
AN ACT concerning elections; relating to election crimes; requiring certain information be
provided on advance voting ballot envelopes; directing county election officers to
record the name of individuals returning advance voting ballots on behalf of another
voter and the number of such ballots returned; requiring county election officers to
file complaints if laws regulating the return of such ballots are violated; removing the
requirement to provide the name of the treasurer of the sponsoring organization of a
political advertisement; amending K.S.A. 25-1121, 25-1128, 25-2407 and 25-4156
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-1121 is hereby amended to read as follows:
25-1121. (a) The secretary of state shall prescribe the general forms of
advance voting ballots to be used in all primary and general elections
and the form of the printed instructions to voters containing a statement
of all the requirements of this act, to enable voters to comply with the
requirements of this act. The prescribed forms shall be transmitted to
the county election officers 35 days before each primary and general
election.
(b) The secretary of state shall prescribe the general format of
advance voting ballot envelopes. The envelopes shall include:
(1) A signature blocks block for the advance voter;
(2) a signature block for the person, if any, assisting the advance
voter; and a signature block for a person, if any, who signs the advance
voting ballot envelope on behalf of the advance voter in situations
when the advance voter is physically unable to sign the envelope if the
voter is physically unable to sign the envelope;
(3) a signature block for the person, if any, who is authorized by
the voter to deliver the advance voting ballot to the county election
office;
(4) a designated block for the person described in paragraph (3)
to print such person's full name; and
(5) the following statement: "K.S.A. 25-2437 prohibits the
transmission or delivery of more than 10 advance voting ballots by any
one person."
(c) The advance ballot envelope shall contain the following
statement after the signature block provided for the person who signs
the advance ballot envelope on behalf of a person physically unable to
sign such envelope:
"My signature constitutes an affidavit that the person for whom I
signed the envelope is a person who is physically unable to sign such
envelope. By signing this envelope, I swear this information is true and
correct, and that signing an advance ballot envelope under false
pretenses shall constitute the crime of perjury."
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 HOUSE BILL No. 2614—page 2
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) (1) 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.
(2) Each county election officer shall record the name of each
individual who delivers an advance voting ballot on behalf of another
voter and maintain a record of the number of such ballots returned by
such individual to the county election office. If any such individual
returns more than 10 advance voting ballots for an election, the county
election officer shall file a complaint with the secretary of state and the
county or district attorney for such county alleging a violation of
K.S.A. 25-2437, and amendments thereto.
(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. 25-2407 is hereby amended to read as follows: 25-
2407. Corrupt political advertising is:
(a) (1) Publishing or causing to be published in a newspaper or
other periodical any paid matter which that expressly advocates the
nomination, election or defeat of any candidate, unless such matter is
followed by the word "advertisement" or the abbreviation "adv." in a
separate line together with the name of the chairman of the political or
other organization inserting the same or the name of the person who is
responsible therefor; or
(2) broadcasting or causing to be broadcast by any radio or
television station any paid matter which that expressly advocates the
nomination, election or defeat of any candidate, unless such matter is
followed by a statement which that states: "Paid for" or "Sponsored by"
followed by the name of the sponsoring organization and the name of
the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the person who is responsible
therefor; or
(3) publishing or causing to be published in a newspaper or other
periodical any paid matter which that is intended to influence the vote
of any person or persons for or against any question submitted for a
proposition to amend the constitution or to authorize the issuance of
bonds or any other question submitted at an election, unless such matter
is followed by the word "advertisement" or the abbreviation "adv." in a
separate line together with the name of the chairman of the political or
other organization inserting the same or the name of the person who is
responsible therefor;
(4) broadcasting or causing to be broadcast by any radio or
television station any paid matter which that is intended to influence
the vote of any person or persons for or against any question submitted
for a proposition to amend the constitution or to authorize the issuance HOUSE BILL No. 2614—page 3
of bonds or any other question submitted at an election, unless such
matter is followed by a statement which states: "Paid for" or
"Sponsored by" followed by the name of the sponsoring organization
and the name of the chairperson or treasurer of the political or other
organization sponsoring the same or the name of the person who is
responsible therefor; or
(5) publishing or causing to be published any brochure, flier or
other political fact sheet which that is intended to influence the vote of
any person or persons for or against any question submitted for a
proposition to amend the constitution or to authorize the issuance of
bonds or any other question submitted at an election, unless such matter
is followed by a statement which states: "Paid for" or "Sponsored by"
followed by the name of the sponsoring organization and the name of
the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor.
(b) Corrupt political advertising is a class C misdemeanor.
(c) For the purposes of this section, the term "expressly advocate
the nomination, election or defeat of a candidate" shall have the
meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
Sec. 4. K.S.A. 25-4156 is hereby amended to read as follows: 25-
4156. (a) (1) Whenever any person sells space in any newspaper,
magazine or other periodical to a candidate or to a candidate
committee, party committee or political committee, the charge made for
the use of such space shall not exceed the charges made for comparable
use of such space for other purposes.
(2) Intentionally charging an excessive amount for political
advertising is a class A nonperson misdemeanor.
(b) (1) Except as provided in paragraph (2), corrupt political
advertising of a state or local office is:
(A) Publishing or causing to be published in a newspaper or other
periodical any paid matter that expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless such matter is followed by the word "advertisement" or
the abbreviation "adv." in a separate line together with the name of the
chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor;
(B) broadcasting or causing to be broadcast by any radio or
television station any paid matter that expressly advocates the
nomination, election or defeat of a clearly identified candidate for a
state or local office, unless such matter is followed by a statement that
states: "Paid for" or "Sponsored by" followed by the name of the
sponsoring organization and the name of the chairperson or treasurer of
the political or other organization sponsoring the same or the name of
the individual who is responsible therefor;
(C) telephoning or causing to be contacted by any telephonic
means including, but not limited to, any device using a voice over
internet protocol or wireless telephone, any paid matter that expressly
advocates the nomination, election or defeat of a clearly identified
candidate for a state or local office, unless such matter is preceded by a
statement that states: "Paid for" or "Sponsored by" followed by the
name of the sponsoring organization and the name of the chairperson or
treasurer of the political or other organization sponsoring the same or
the name of the individual who is responsible therefor;
(D) publishing or causing to be published any brochure, flier or
other political fact sheet that expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless such matter is followed by a statement that states: "Paid
for" or "Sponsored by" followed by the name of the chairperson or
treasurer of the political or other organization sponsoring the same or
the name of the individual who is responsible therefor.
The provisions of this subparagraph (D) requiring the disclosure of
the name of an individual shall not apply to individuals making HOUSE BILL No. 2614—page 4
expenditures in an aggregate amount of less than $2,500 within a
calendar year; or
(E) making or causing to be made any website, e-mail or other
type of internet communication that expressly advocates the
nomination, election or defeat of a clearly identified candidate for a
state or local office, unless the matter is followed by a statement that
states: "Paid for" or "Sponsored by" followed by the name of the
chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor.
The provisions of this subparagraph (E) requiring the disclosure of
the name of an individual shall apply only to any website, email or
other type of internet communication that is made by the candidate, the
candidate's candidate committee, a political committee or a party
committee and the website, email or other internet communication
viewed by or disseminated to at least 25 individuals. For the purposes
of this subparagraph, the terms "candidate," "candidate committee,"
"party committee" and "political committee" shall have the meanings
ascribed to them in K.S.A. 25-4143, and amendments thereto.
(2) The provisions of subsections (b)(1)(C) and (E) (b)(1)(E) shall
not apply to the publication of any communication that expressly
advocates the nomination, election or defeat of a clearly identified
candidate for state or local office, if such communication is made over
any social media provider which that has a character limit of 280
characters or fewer.
(3) Corrupt political advertising of a state or local office is a class
C nonperson misdemeanor.
(c) If any provision or clause of this section or application thereof
to any person or circumstance is held invalid, such invalidity does shall
not affect other provisions or applications of this section that can be
given effect without the invalid application or provision or application,
and to this end the provisions of this section act are declared to be
severable.
Sec. 5. K.S.A. 25-1121, 25-1128, 25-2407 and 25-4156 are hereby
repealed. HOUSE BILL No. 2614—page 5
Sec. 6. This act shall take effect and be in force from and after
January 1, 2025, and its publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.