Kansas 2023-2024 Regular Session

Kansas Senate Bill SB321 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2023
2	2	SENATE BILL No. 321
3	3	By Committee on Federal and State Affairs
4	4	3-21
5	5	AN ACT concerning elections; providing for a presidential preference
6	6	primary election; establishing voter registration and voting procedures
7	7	for such election; amending K.S.A. 25-1122, 25-1123, 25-2311, 25-
8	8	4501a, 25-4502, 25-4503 and 25-4505 and K.S.A. 2022 Supp. 25-3009
9	9	and repealing the existing sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 25-1122 is hereby amended to read as follows: 25-
12	12	1122. (a) Any registered voter may file with the county election officer
13	13	where the person is a resident, or where the person is authorized by law to
14	14	vote as a former precinct resident, an application for an advance voting
15	15	ballot. The signed application shall be transmitted only to the county
16	16	election officer by personal delivery, mail, facsimile or as otherwise
17	17	provided by law.
18	18	(b) If the registered voter is applying for an advance voting ballot to
19	19	be transmitted in person, the voter shall provide identification pursuant to
20	20	K.S.A. 25-2908, and amendments thereto.
21	21	(c) If the registered voter is applying for an advance voting ballot to
22	22	be transmitted by mail, the voter shall provide with the application for an
23	23	advance voting ballot the voter's current and valid Kansas driver's license
24	24	number, nondriver's identification card number or a photocopy of any
25	25	other identification provided by K.S.A. 25-2908, and amendments thereto.
26	26	(d) A voter may vote a provisional ballot according to K.S.A. 25-409,
27	27	and amendments thereto, if:
28	28	(1) The voter is unable or refuses to provide current and valid
29	29	identification; or
30	30	(2) the name and address of the voter provided on the application for
31	31	an advance voting ballot do not match the voter's name and address on the
32	32	registration book. The voter shall provide a valid form of identification as
33	33	defined in K.S.A. 25-2908, and amendments thereto, to the county election
34	34	officer in person or provide a copy by mail or electronic means before the
35	35	meeting of the county board of canvassers. At the meeting of the county
36	36	board of canvassers the county election officer shall present copies of
37	37	identification received from provisional voters and the corresponding
38	38	provisional ballots. If the county board of canvassers determines that a
39	39	voter's identification is valid and the provisional ballot was properly cast,
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76	76	the ballot shall be counted.
77	77	(e) No county election officer shall provide an advance voting ballot
78	78	to a person who is requesting an advance voting ballot to be transmitted by
79	79	mail unless:
80	80	(1) The county election official verifies that the signature of the
81	81	person matches that on file in the county voter registration records, except
82	82	that verification of the voter's signature shall not be required if a voter has
83	83	a disability preventing the voter from signing. Signature verification may
84	84	occur by electronic device or by human inspection. In the event that the
85	85	signature of a person who is requesting an advance voting ballot does not
86	86	match that on file, the county election officer shall attempt to contact the
87	87	person and shall offer the person another opportunity to provide the
88	88	person's signature for the purposes of verifying the person's identity. If the
89	89	county election officer is unable to reach the person, the county election
90	90	officer may transmit a provisional ballot, however, such provisional ballot
91	91	may not be counted unless a signature is included therewith that can be
92	92	verified; and
93	93	(2) the person provides such person's full Kansas driver's license
94	94	number, Kansas nondriver's identification card number issued by the
95	95	division of vehicles, or submits such person's application for an advance
96	96	voting ballot and a copy of identification provided by K.S.A. 25-2908, and
97	97	amendments thereto, to the county election officer for verification. If a
98	98	person applies for an advance voting ballot to be transmitted by mail but
99	99	fails to provide identification pursuant to this subsection or the
100	100	identification of the person cannot be verified by the county election
101	101	officer, the county election officer shall provide information to the person
102	102	regarding the voter rights provisions of subsection (d) and shall provide
103	103	the person an opportunity to provide identification pursuant to this
104	104	subsection. For the purposes of this act, Kansas state offices and offices of
105	105	any subdivision of the state will allow any person seeking to vote by an
106	106	advance voting ballot the use of a photocopying device to make one
107	107	photocopy of an identification document at no cost.
108	108	(f) (1) Applications for advance voting ballots to be transmitted to the
109	109	voter by mail shall be filed only at the following times:
110	110	(1)(A) For the primary election occurring on the first Tuesday in
111	111	August in both even-numbered and odd-numbered years, between April 1
112	112	of such year and the Tuesday of the week preceding such primary
113	113	election.;
114	114	(2)(B) for the general election occurring on the Tuesday following the
115	115	first Monday in November in both even-numbered and odd-numbered
116	116	years, between 90 days prior to such election and the Tuesday of the week
117	117	preceding such general election.;
118	118	(3)(C) for the presidential preference primary election held pursuant
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162	162	to K.S.A. 25-4501a, and amendments thereto, between January 1 of the
163	163	year in which such election is held and 30 days prior to the day of such
164	164	election;
165	165	(D) for question submitted elections occurring on the date of a
166	166	primary or general election, the same as is provided for ballots for election
167	167	of officers at such election.;
168	168	(4)(E) for question submitted elections not occurring on the date of a
169	169	primary or general election, between the time of the first published notice
170	170	thereof and the Tuesday of the week preceding such question submitted
171	171	election, except that if the question submitted election is held on a day
172	172	other than a Tuesday, the final date for mailing of advance voting ballots
173	173	shall be one week before such election.; and
174	174	(5)(F) for any special election of officers, at such time as is specified
175	175	by the secretary of state.
176	176	(2) The county election officer of any county may receive
177	177	applications prior to the time specified in this subsection and hold such
178	178	applications until the beginning of the prescribed application period. Such
179	179	applications shall be treated as filed on that date.
180	180	(g) (1) Unless an earlier date is designated by the county election
181	181	office, applications for advance voting ballots transmitted to the voter in
182	182	person in the office of the county election officer shall be filed on the
183	183	Tuesday next preceding the election and on each subsequent business day
184	184	until no later than 12 noon on the day preceding such election. For any
185	185	presidential preference primary election held pursuant to K.S.A. 25-4501a,
186	186	and amendments thereto, the county election office shall not designate any
187	187	date earlier than the Tuesday next preceding such election for the filing of
188	188	such application. If the county election officer so provides, applications
189	189	for advance voting ballots transmitted to the voter in person in the office of
190	190	the county election officer also may be filed on the Saturday preceding the
191	191	election. Upon receipt of any such properly executed application, the
192	192	county election officer shall deliver to the voter such ballots and
193	193	instructions as are provided for in this act.
194	194	(2) An application for an advance voting ballot filed by a voter who
195	195	has a temporary illness or disability or who is not proficient in reading the
196	196	English language or by a person rendering assistance to such voter may be
197	197	filed during the regular advance ballot application periods until the close
198	198	of the polls on election day.
199	199	(3) The county election officer may designate places other than the
200	200	central county election office as satellite advance voting sites. At any
201	201	satellite advance voting site, a registered voter may obtain an application
202	202	for advance voting ballots. Ballots and instructions shall be delivered to
203	203	the voter in the same manner and subject to the same limitations as
204	204	otherwise provided by this subsection.
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248	248	(h) Any person having a permanent disability or an illness that has
249	249	been diagnosed as a permanent illness is hereby authorized to make an
250	250	application for permanent advance voting status. Applications for
251	251	permanent advance voting status shall be in the form and contain such
252	252	information as is required for application for advance voting ballots and
253	253	also shall contain information that establishes the voter's right to
254	254	permanent advance voting status.
255	255	(i) On receipt of any application filed under the provisions of this
256	256	section, the county election officer shall prepare and maintain in such
257	257	officer's office a list of the names of all persons who have filed such
258	258	applications, together with their correct post office address and the
259	259	precinct, ward, township or voting area in which the persons claim to be
260	260	registered voters or to be authorized by law to vote as former precinct
261	261	residents and the present resident address of each applicant. Names and
262	262	addresses shall remain so listed until the day of such election. The county
263	263	election officer shall maintain a separate listing of the names and addresses
264	264	of persons qualifying for permanent advance voting status. All such lists
265	265	shall be available for inspection upon request in compliance with this
266	266	subsection by any registered voter during regular business hours. The
267	267	county election officer upon receipt of the applications shall enter upon a
268	268	record kept by such officer the name and address of each applicant, which
269	269	record shall conform to the list above required. Before inspection of any
270	270	advance voting ballot application list, the person desiring to make the
271	271	inspection shall provide to the county election officer identification in the
272	272	form of driver's license or other reliable identification and shall sign a log
273	273	book or application form maintained by the officer stating the person's
274	274	name and address and showing the date and time of inspection. All records
275	275	made by the county election officer shall be subject to public inspection,
276	276	except that the voter identification information required by subsections (b)
277	277	and (c) and the identifying number on ballots and ballot envelopes and
278	278	records of such numbers shall not be made public.
279	279	(j) If a person on the permanent advance voting list fails to vote in
280	280	four consecutive general elections held on the Tuesday succeeding the first
281	281	Monday in November of each even-numbered and odd-numbered year, the
282	282	county election officer may mail a notice to such voter. The notice shall
283	283	inform the voter that the voter's name will be removed from the permanent
284	284	advance voting list unless the voter renews the application for permanent
285	285	advance voting status within 30 days after the notice is mailed. If the voter
286	286	fails to renew such application, the county election officer shall remove the
287	287	voter's name from the permanent advance voting list. Failure to renew the
288	288	application for permanent advance voting status shall not result in removal
289	289	of the voter's name from the voter registration list.
290	290	(k) (1) Any person who solicits by mail a registered voter to file an
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334	334	application for an advance voting ballot and includes an application for an
335	335	advance voting ballot in such mailing shall include on the exterior of such
336	336	mailing, and on each page contained therein, except the application, a clear
337	337	and conspicuous label in 14-point font or larger that includes:
338	338	(A) The name of the individual or organization that caused such
339	339	solicitation to be mailed;
340	340	(B) if an organization, the name of the president, chief executive
341	341	officer or executive director of such organization;
342	342	(C) the address of such individual or organization; and
343	343	(D) the following statement: "Disclosure: This is not a government
344	344	mailing. It is from a private individual or organization."
345	345	(2) The application for an advance voting ballot included in such
346	346	mailing shall be the official application for advance ballot by mail
347	347	provided by the secretary of state. No portion of such application shall be
348	348	completed prior to mailing such application to the registered voter.
349	349	(3) An application for an advance voting ballot shall include an
350	350	envelope addressed to the appropriate county election office for the
351	351	mailing of such application. In no case shall the person who mails the
352	352	application to the voter direct that the completed application be returned to
353	353	such person.
354	354	(4) The provisions of this subsection shall not apply to:
355	355	(A) The secretary of state or any election official or county election
356	356	office; or
357	357	(B) the official protection and advocacy for voting access agency for
358	358	this state as designated pursuant to the federal help America vote act of
359	359	2002, public law 107-252, or any other entity required to provide
360	360	information concerning elections and voting procedures by federal law.
361	361	(5) A violation of this subsection is a class C nonperson
362	362	misdemeanor.
363	363	(l) (1) No person shall mail or cause to be mailed an application for
364	364	an advance voting ballot, unless such person is a resident of this state or is
365	365	otherwise domiciled in this state.
366	366	(2) Any individual may file a complaint in writing with the attorney
367	367	general alleging a violation of this subsection. Such complaint shall
368	368	include the name of the person alleged to have violated this subsection and
369	369	any other information as required by the attorney general. Upon receipt of
370	370	a complaint, the attorney general shall investigate and may file an action
371	371	against any person found to have violated this subsection.
372	372	(3) Any person who violates the provisions of this subsection is
373	373	subject to a civil penalty of $20. Each instance in which a person mails an
374	374	application for an advance voting ballot in violation of this section shall
375	375	constitute a separate violation.
376	376	(m) The secretary of state may adopt rules and regulations in order to
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420	420	implement the provisions of this section and to define valid forms of
421	421	identification.
422	422	Sec. 2. K.S.A. 25-1123 is hereby amended to read as follows: 25-
423	423	1123. (a) When an application for an advance voting ballot has been filed
424	424	in accordance with K.S.A. 25-1122, and amendments thereto, the county
425	425	election officer shall transmit to the voter applying therefor one each of the
426	426	appropriate ballots. Unless an advance voting ballot is transmitted in
427	427	person pursuant to this subsection, the county election officer shall
428	428	transmit the advance voting ballots to the voter at one of the following
429	429	addresses as specified by the voter on such application: (1) The voter's
430	430	residential address or mailing address as indicated on the registration list;
431	431	(2) the voter's temporary residential address; or (3) a medical care facility
432	432	as defined in K.S.A. 65-425, and amendments thereto, psychiatric hospital,
433	433	hospice or adult care home where the voter resides. Except as provided in
434	434	K.S.A. 25-4503, and amendments thereto, for presidential preference
435	435	primary elections, no advance voting ballot shall be transmitted by the
436	436	county election officer by any means prior to the 20
437	437	th
438	438	day before the
439	439	election for which an application for an advance voting ballot has been
440	440	received by such county election officer. If the advance voting ballot is
441	441	transmitted by mail, such ballot shall be transmitted with printed
442	442	instructions prescribed by the secretary of state and a ballot envelope
443	443	bearing upon the outside a printed form as described in K.S.A. 25-1120,
444	444	and amendments thereto, and the same number as the number of the ballot.
445	445	If the advance voting ballot is transmitted to the applicant in person in the
446	446	office of the county election officer or at a satellite advance voting site,
447	447	such advance voting ballot and printed instructions shall be transmitted in
448	448	an advance voting ballot envelope bearing upon the outside a printed form
449	449	as described in K.S.A. 25-1120, and amendments thereto, and the same
450	450	number as the number of the ballot unless the voter elects to deposit the
451	451	advance voting ballot into a locked ballot box without an envelope. All
452	452	ballots shall be transmitted to the advance voting voter not more than 20
453	453	days before the election but within two business days of the receipt of such
454	454	voter's application by the election officer or the commencement of such
455	455	20-day period. In primary elections required to be conducted on a partisan
456	456	basis, the election officer shall deliver to such voter the ballot of the
457	457	political party of the applicant.
458	458	(b) The restrictions in subsection (a) relating to where a county
459	459	election officer may transmit an advance voting ballot shall not apply to an
460	460	advance voting ballot requested pursuant to an application for an advance
461	461	voting ballot filed by a voter who has a temporary illness or disability or
462	462	who is not proficient in reading the English language.
463	463	(c) The county election officer shall compare the driver's license
464	464	number, nondriver's identification card number or copy of other valid
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508	508	identification provided by a voter to the voter registration list verified by
509	509	the division of vehicles in accordance with federal law. If no identification
510	510	information was provided by the voter or if such information does not
511	511	match the information on the voter registration list, the county election
512	512	officer shall transmit a provisional advance voting ballot.
513	513	Sec. 3. K.S.A. 25-2311 is hereby amended to read as follows: 25-
514	514	2311. (a) County election officers shall provide for the registration of
515	515	voters at one or more places on all days except the following:
516	516	(1) Days when the main offices of the county government are closed
517	517	for business, except as is otherwise provided by any county election officer
518	518	under the provisions of K.S.A. 25-2312, and amendments thereto;
519	519	(2) days when the main offices of the city government are closed for
520	520	business, in the case of deputy county election officers who are city clerks
521	521	except as is otherwise provided by any county election officer under the
522	522	provisions of K.S.A. 25-2312, and amendments thereto;
523	523	(3) the 20 days preceding the day of primary and general elections;
524	524	(4) the 30 days preceding the day of any presidential preference
525	525	primary election held pursuant to K.S.A. 25-4501a, and amendments
526	526	thereto;
527	527	(5) the 20 days preceding the day of any election other than one
528	528	specified in this subsection; and
529	529	(5)(6) the day of any primary or general election or any question
530	530	submitted election.
531	531	(b) For the purposes of this section in counting days that registration
532	532	books are to be closed, all of the days including Sunday and legal holidays
533	533	shall be counted.
534	534	(c) The secretary of state shall notify every county election officer of
535	535	the dates when registration shall be closed preceding primary and general
536	536	elections. The days so specified by the secretary of state shall be
537	537	conclusive. Such notice shall be given by the secretary of state by mail at
538	538	least 60 days preceding every primary and general election.
539	539	(d) The last days before closing of registration books as directed by
540	540	the secretary of state under subsection (c), county election officers shall
541	541	provide for registration of voters during regular business hours, during the
542	542	noon hours and at other than regular business hours upon such days as the
543	543	county election officers deem necessary. The last three business days
544	544	before closing of registration books prior to primary and general elections,
545	545	county election officers may provide for registration of voters until 9 p.m.
546	546	in any city.
547	547	(e) (1) Except as provided in paragraph (2), county election officers
548	548	shall accept and process applications received by voter registration
549	549	agencies and the division of motor vehicles not later than the 21
550	550	st
551	551	day
552	552	preceding the date of any election; or mailed voter registration
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596	596	applications that are postmarked not later than the 21
597	597	st
598	598	day preceding the
599	599	date of any election; or except, if the postmark is illegible or missing, is
600	600	mailed voter registration applications received in the mail not later than
601	601	the ninth day preceding the day of any election.
602	602	(2) For any presidential preference primary election held pursuant to
603	603	K.S.A. 25-4501a, and amendments thereto, county election officers shall
604	604	accept and process applications received by voter registration agencies
605	605	and the division of motor vehicles not later than the 31
606	606	st
607	607	day preceding the
608	608	date of such election or mailed voter registration applications that are
609	609	postmarked not later than the 31
610	610	st
611	611	day preceding such election except, if
612	612	the postmark is illegible or missing, mailed voter registration applications
613	613	received in the mail not later than the 19
614	614	th
615	615	day preceding the day of such
616	616	election.
617	617	(f) The secretary of state may adopt rules and regulations interpreting
618	618	the provisions of this section and specifying the days when registration
619	619	shall be open, days when registration shall be closed, and days when it is
620	620	optional with the county election officer for registration to be open or
621	621	closed.
622	622	(g) Before each primary and general election held in even-numbered
623	623	and odd-numbered years, and at times and in a form prescribed by the
624	624	secretary of state, each county election officer shall certify to the secretary
625	625	of state the number of registered voters in each precinct of the county as
626	626	shown by the registration books in the office of such county election
627	627	officer.
628	628	Sec. 4. K.S.A. 2022 Supp. 25-3009 is hereby amended to read as
629	629	follows: 25-3009. (a) After an election and prior to the meeting of the
630	630	county board of canvassers to certify the official election results for any
631	631	election in which the canvassers certify the results, the county election
632	632	officer shall conduct a manual audit or tally of each vote cast, regardless of
633	633	the method of voting, in 1% of all precincts, with a minimum of one
634	634	precinct located within the county. The precinct or precincts shall be
635	635	randomly selected and the selection shall take place after the election.
636	636	(b) (1) The audit shall be performed manually and shall review all
637	637	paper ballots selected pursuant to subsection (a). The audit shall be
638	638	performed by a sworn election board consisting of bipartisan trained board
639	639	members. The county election officer shall determine the members of the
640	640	sworn election board who will conduct the audit.
641	641	(2) The audit shall review contested races as follows:
642	642	(A) In presidential election years:
643	643	(i) One federal race;
644	644	(ii) one state legislative race; and
645	645	(iii) one county race.
646	646	(B) In even-numbered, non-presidential election years:
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690	690	(i) One federal race;
691	691	(ii) one statewide race;
692	692	(iii) one state legislative race; and
693	693	(iv) one county race.
694	694	(C) In even-numbered election years, any federal, statewide or state
695	695	legislative race that is within 1% of the total number of votes cast tallied
696	696	on election night, as determined by the secretary of state, shall be audited.
697	697	The county election officer shall conduct the audit in the manner set forth
698	698	in subsection (a) in 10% of all county precincts in the specified race, with
699	699	a minimum of one precinct in the county. The precincts audited pursuant to
700	700	this subsection shall be in addition to the precincts audited under
701	701	subsections (2)(A) and (B).
702	702	(D) In odd-numbered election years, two local races will be randomly
703	703	selected, and the selection shall take place after the election.
704	704	(c) At least five days prior to the audit, notice of the time and location
705	705	of the audit shall be provided to the public on the official county website.
706	706	The audit shall be conducted in a public setting. Any candidate or entity
707	707	who is authorized to appoint a poll agent may appoint a poll agent for the
708	708	audit.
709	709	(d) The results of the audit shall be compared to the unofficial
710	710	election night returns and a report shall be submitted to the county election
711	711	office and to the secretary of state's office prior to the meeting of the
712	712	county board of canvassers. If a discrepancy is reported between the audit
713	713	and the unofficial returns and cannot be resolved, the county election
714	714	officer or the secretary of state may require audits of additional precincts.
715	715	Once the audit has been completed, the results of the audit shall be used by
716	716	the county board of canvassers when certifying the official election results.
717	717	(e) Upon publication of the notice of the audit pursuant to subsection
718	718	(c), the signed and certified official abstracts required by K.S.A. 25-3006,
719	719	and amendments thereto, shall be made available by the county election
720	720	office for review by any authorized poll agent. Such abstracts shall be
721	721	from all precincts and shall not be limited to those precincts that are
722	722	subject to the audit. The abstracts shall be available for review until
723	723	commencement of the original canvass.
724	724	(f) The provisions of this section shall not apply to any presidential
725	725	preference primary election held pursuant to K.S.A. 25-4501a, and
726	726	amendments thereto.
727	727	(g) The secretary of state shall adopt rules and regulations governing
728	728	the conduct and procedure of the audit, including the random selection of
729	729	the precincts and offices involved in the audit.
730	730	Sec. 5. K.S.A. 25-4501a is hereby amended to read as follows: 25-
731	731	4501a. (a) Except as otherwise provided, each political party which that is
732	732	a recognized political party in accordance with K.S.A. 25-302a, and
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776	776	amendments thereto, shall have procedures to select a presidential
777	777	nominee and shall select a presidential nominee in accordance with such
778	778	party procedures for the 2016 presidential election, and every fourth year
779	779	thereafter.
780	780	(b) (1) On March 19, 2024, for each political party that is a
781	781	recognized political party in accordance with K.S.A. 25-302a, and
782	782	amendments thereto, there shall be held a presidential preference primary
783	783	election for the purpose of electing the preferred nominee of a political
784	784	party for the office of president and vice president. Except as otherwise
785	785	provided, the provisions of all applicable statutes concerning elections
786	786	shall apply to such election.
787	787	(2) The provisions of this subsection shall not apply to any political
788	788	party that is subject to K.S.A. 25-202(b), and amendments thereto, or that
789	789	has submitted written notice to the secretary of state on or before
790	790	December 1, 2023, that such political party has elected to not participate
791	791	in the presidential preference primary election.
792	792	Sec. 6. K.S.A. 25-4502 is hereby amended to read as follows: 25-
793	793	4502. (a) Every registered elector voter who has declared such elector's
794	794	voter's party affiliation with a political party eligible to participate in a
795	795	state primary election shall have the opportunity to vote one vote at a
796	796	presidential preference primary election for such elector's voter's
797	797	preference for one person to be the candidate for nomination by such
798	798	candidate's party for president of the United States or for "none of the
799	799	names shown." Any registered elector voter who has not declared such
800	800	candidate's party affiliation prior to the election may make such a
801	801	declaration at the polling place, and thereupon shall be permitted likewise
802	802	the opportunity to vote one date specified for the closing of registration
803	803	for such election in K.S.A. 25-2311, and amendments thereto, shall not be
804	804	permitted to vote at the presidential preference primary. A vote for "none
805	805	of the names shown" shall express the preference for an uncommitted
806	806	delegation from Kansas to the national convention of that elector's voter's
807	807	party. Preference shall be indicated by marking with a cross or check mark
808	808	inside a voting square or a darkened oval on the ballot at the left of the
809	809	voter's choice, or by voting by using a voting machine.
810	810	(b) The name of any candidate for a political party nomination for
811	811	president of the United States shall be printed on the ballots only if, such
812	812	candidate has filed the appropriate registration information with the
813	813	federal election commission to become a candidate for president of the
814	814	United States and one of the following is filed with the secretary of state
815	815	not later than 12 noon, on the date which precedes by seven weeks that is
816	816	60 days prior to the date of the presidential preference primary or, if such
817	817	date falls on Saturday, Sunday or a holiday, not later than 12 noon the
818	818	following day that is not a Saturday, Sunday or holiday:
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862	862	(1) The candidate files with the secretary of state A declaration of
863	863	intent to become a candidate filed by the candidate and accompanied by a
864	864	fee of $100$10,000; or
865	865	(2) there is filed in the office of secretary of state a petition in the
866	866	form prescribed by K.S.A. 25-205, and amendments thereto, signed by not
867	867	less than 1,000 registered electors, voters who are affiliated with the
868	868	political party of such candidate as shown by the party affiliation list. The
869	869	secretary of state shall determine the sufficiency of each such petition, and
870	870	such determination shall be final.
871	871	Sec. 7. K.S.A. 25-4503 is hereby amended to read as follows: 25-
872	872	4503. (a) The names of the candidates for nomination for president of the
873	873	United States by a political party eligible to participate in a state primary
874	874	election shall be printed on the official ballots for the presidential
875	875	preference primary elections of their respective parties along with the
876	876	choice of "none of the names shown." The ballots shall be marked,
877	877	returned and canvassed in the same manner and under the same conditions,
878	878	so far as the same are applicable, as in the case of the primary election of
879	879	candidates for nomination for state offices.
880	880	(b) The official presidential preference primary election ballots shall
881	881	be printed in a single column and shall have the following heading:
882	882	OFFICIAL PRESIDENTIAL
883	883	PREFERENCE PRIMARY
884	884	ELECTION BALLOT
885	885	______________Party
886	886	To vote for a person whose name is printed on the ballot make a cross
887	887	or check mark in the square, or darken the oval, to the left of the name of
888	888	the person for whom you desire to vote. To vote for "none of the names
889	889	shown" make a cross or check mark in the square, or darken the oval, to
890	890	the left of such words.
891	891	This shall be followed by the names of the candidates for president of
892	892	the United States of such party in the manner and order certified by the
893	893	secretary of state.
894	894	(c) As soon as possible after the candidate filing deadline, the
895	895	secretary of state shall certify to each county election officer the name of
896	896	each person who is a candidate for nomination to be president of the
897	897	United States of each party authorized to participate in the presidential
898	898	preference primary election. The secretary of state shall publish, not less
899	899	than 21 31 days prior to the presidential preference primary, a notice in one
900	900	newspaper in each county of the state where a newspaper is published, that
901	901	the official list of candidates and the date of the election can be acquired in
902	902	the office of the secretary of state or the office of the county election
903	903	officer.
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947	947	(d) When a party participating in the presidential preference primary
948	948	election has more than one candidate, the secretary of state shall determine
949	949	by lot the order in which the candidates' names will appear on the ballot.
950	950	The order of names, as established by the secretary of state, shall be
951	951	uniform in each county throughout the state.
952	952	(e) (1) All advance voting ballots for a presidential preference
953	953	primary election shall be transmitted by the county election officer not
954	954	earlier than the 14
955	955	th
956	956	day preceding the date of such election.
957	957	(2) Advance voting in person shall be conducted no earlier than eight
958	958	days prior to such election.
959	959	(3) All such ballots that are received in the office of the county
960	960	election officer or any polling place by the following times shall be
961	961	delivered by the county election officer to the county board of canvassers
962	962	for canvassing:
963	963	(A) For advance voting ballots transmitted in person, 12 noon on the
964	964	day preceding such election; and
965	965	(B) for advance voting ballots transmitted by mail, the closing of the
966	966	polls on the date of such election.
967	967	(4) An advance voting ballot shall not be counted if such ballot is
968	968	received by the county election office or any polling place after the closing
969	969	time of the polls on the date of such election.
970	970	Sec. 8. K.S.A. 25-4505 is hereby amended to read as follows: 25-
971	971	4505. (a) The county board of canvassers of each county shall meet at the
972	972	office of the county election officer, unless another place is agreed upon
973	973	and announced as provided in K.S.A. 25-3105, and amendments thereto, at
974	974	any time between 8:00 and 10:00 o'clock a.m. on the Friday following the
975	975	day a presidential preference primary election is held and canvass the vote
976	976	of such preference primary. The county election officer may move the
977	977	canvass to the Monday next following the election if notice of such change
978	978	is published prior to the canvass in a newspaper of general circulation
979	979	within the county. Upon completion of such canvass, the county election
980	980	officer of each county shall prepare an abstract of the vote of the
981	981	presidential preference primary election in his or her such county as such
982	982	vote is determined by the county board of canvassers and shall promptly
983	983	transmit the same such abstract to the secretary of state no later than the
984	984	tenth day after the day of the election. Each county election officer shall
985	985	also post a copy of such abstract in a public place in the courthouse of his
986	986	or her such county.
987	987	(b) Every such transmittal shall be made by first class mail or by a
988	988	messenger. If the secretary of state fails to receive the abstract of the
989	989	canvass from any county within 14 days next after the election, he or she
990	990	the secretary shall dispatch a special messenger to obtain a copy of the
991	991	same such abstract, and the county election officer shall immediately, on
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1035	1035	demand of such messenger, make out and deliver to such messenger the
1036	1036	copy required. Thereupon, The messenger shall deliver such copy to the
1037	1037	secretary of state, and the secretary of state shall be reimbursed for the
1038	1038	expenses of such messenger by such county.
1039	1039	Sec. 9. K.S.A. 25-1122, 25-1123, 25-2311, 25-4501a, 25-4502, 25-
1040	1040	4503 and 25-4505 and K.S.A. 2022 Supp. 25-3009 are hereby repealed.
1041	1041	Sec. 10. This act shall take effect and be in force from and after its
1042	1042	publication in the statute book.
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