Session of 2023
SENATE BILL No. 321
By Committee on Federal and State Affairs
3-21
AN ACT concerning elections; providing for a presidential preference
primary election; establishing voter registration and voting procedures
for such election; amending K.S.A. 25-1122, 25-1123, 25-2311, 25-
4501a, 25-4502, 25-4503 and 25-4505 and K.S.A. 2022 Supp. 25-3009
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-1122 is hereby amended to read as follows: 25-
1122. (a) Any registered voter may file with the county election officer
where the person is a resident, or where the 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
voter's identification is valid and the provisional ballot was properly cast,
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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:
(1)(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.;
(2)(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.;
(3)(C) for the presidential preference primary election held pursuant
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to 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.;
(4)(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
(5)(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 in the office of the county election officer shall be filed on the
Tuesday next preceding the election and on each subsequent business day
until no later than 12 noon on the day preceding such election. For any
presidential preference primary election held pursuant to K.S.A. 25-4501a,
and amendments thereto, the county election office shall not designate any
date earlier than the Tuesday next preceding such election for the filing of
such application. 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 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.
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(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
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 held on the Tuesday succeeding the first
Monday in November of each even-numbered and odd-numbered year, 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
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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
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) The secretary of state may adopt rules and regulations in order to
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implement the provisions of this section and to define valid forms of
identification.
Sec. 2. K.S.A. 25-1123 is hereby amended to read as follows: 25-
1123. (a) When an application for an advance voting ballot has been filed
in accordance with K.S.A. 25-1122, and amendments thereto, the county
election officer shall transmit to the voter applying therefor one each of the
appropriate ballots. Unless an advance voting ballot is transmitted in
person pursuant to this subsection, the county election officer shall
transmit the advance voting ballots to the voter at one of the following
addresses as specified by the voter on such application: (1) The voter's
residential address or mailing address as indicated on the registration list;
(2) the voter's temporary residential address; or (3) a medical care facility
as defined in K.S.A. 65-425, and amendments thereto, psychiatric hospital,
hospice or adult care home where the voter resides. Except as provided in
K.S.A. 25-4503, and amendments thereto, for presidential preference
primary elections, no advance voting ballot shall be transmitted by the
county election officer by any means prior to the 20
th
day before the
election for which an application for an advance voting ballot has been
received by such county election officer. If the advance voting ballot is
transmitted by mail, such ballot shall be transmitted with printed
instructions prescribed by the secretary of state and a ballot envelope
bearing upon the outside a printed form as described in K.S.A. 25-1120,
and amendments thereto, and the same number as the number of the ballot.
If the advance voting ballot is transmitted to the applicant in person in the
office of the county election officer or at a satellite advance voting site,
such advance voting ballot and printed instructions shall be transmitted in
an advance voting ballot envelope bearing upon the outside a printed form
as described in K.S.A. 25-1120, and amendments thereto, and the same
number as the number of the ballot unless the voter elects to deposit the
advance voting ballot into a locked ballot box without an envelope. All
ballots shall be transmitted to the advance voting voter not more than 20
days before the election but within two business days of the receipt of such
voter's application by the election officer or the commencement of such
20-day period. In primary elections required to be conducted on a partisan
basis, the election officer shall deliver to such voter the ballot of the
political party of the applicant.
(b) The restrictions in subsection (a) relating to where a county
election officer may transmit an advance voting ballot shall not apply to an
advance voting ballot requested pursuant to 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.
(c) The county election officer shall compare the driver's license
number, nondriver's identification card number or copy of other valid
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identification provided by a voter to the voter registration list verified by
the division of vehicles in accordance with federal law. If no identification
information was provided by the voter or if such information does not
match the information on the voter registration list, the county election
officer shall transmit a provisional advance voting ballot.
Sec. 3. K.S.A. 25-2311 is hereby amended to read as follows: 25-
2311. (a) County election officers shall provide for the registration of
voters at one or more places on all days except the following:
(1) Days when the main offices of the county government are closed
for business, except as is otherwise provided by any county election officer
under the provisions of K.S.A. 25-2312, and amendments thereto;
(2) days when the main offices of the city government are closed for
business, in the case of deputy county election officers who are city clerks
except as is otherwise provided by any county election officer under the
provisions of K.S.A. 25-2312, and amendments thereto;
(3) the 20 days preceding the day of primary and general elections;
(4) the 30 days preceding the day of any presidential preference
primary election held pursuant to K.S.A. 25-4501a, and amendments
thereto;
(5) the 20 days preceding the day of any election other than one
specified in this subsection; and
(5)(6) the day of any primary or general election or any question
submitted election.
(b) For the purposes of this section in counting days that registration
books are to be closed, all of the days including Sunday and legal holidays
shall be counted.
(c) The secretary of state shall notify every county election officer of
the dates when registration shall be closed preceding primary and general
elections. The days so specified by the secretary of state shall be
conclusive. Such notice shall be given by the secretary of state by mail at
least 60 days preceding every primary and general election.
(d) The last days before closing of registration books as directed by
the secretary of state under subsection (c), county election officers shall
provide for registration of voters during regular business hours, during the
noon hours and at other than regular business hours upon such days as the
county election officers deem necessary. The last three business days
before closing of registration books prior to primary and general elections,
county election officers may provide for registration of voters until 9 p.m.
in any city.
(e) (1) Except as provided in paragraph (2), county election officers
shall accept and process applications received by voter registration
agencies and the division of motor vehicles not later than the 21
st
day
preceding the date of any election; or mailed voter registration
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applications that are postmarked not later than the 21
st
day preceding the
date of any election; or except, if the postmark is illegible or missing, is
mailed voter registration applications received in the mail not later than
the ninth day preceding the day of any election.
(2) For any presidential preference primary election held pursuant to
K.S.A. 25-4501a, and amendments thereto, county election officers shall
accept and process applications received by voter registration agencies
and the division of motor vehicles not later than the 31
st
day preceding the
date of such election or mailed voter registration applications that are
postmarked not later than the 31
st
day preceding such election except, if
the postmark is illegible or missing, mailed voter registration applications
received in the mail not later than the 19
th
day preceding the day of such
election.
(f) The secretary of state may adopt rules and regulations interpreting
the provisions of this section and specifying the days when registration
shall be open, days when registration shall be closed, and days when it is
optional with the county election officer for registration to be open or
closed.
(g) Before each primary and general election held in even-numbered
and odd-numbered years, and at times and in a form prescribed by the
secretary of state, each county election officer shall certify to the secretary
of state the number of registered voters in each precinct of the county as
shown by the registration books in the office of such county election
officer.
Sec. 4. K.S.A. 2022 Supp. 25-3009 is hereby amended to read as
follows: 25-3009. (a) After an election and prior to the meeting of the
county board of canvassers to certify the official election results for any
election in which the canvassers certify the results, the county election
officer shall conduct a manual audit or tally of each vote cast, regardless of
the method of voting, in 1% of all precincts, with a minimum of one
precinct located within the county. The precinct or precincts shall be
randomly selected and the selection shall take place after the election.
(b) (1) The audit shall be performed manually and shall review all
paper ballots selected pursuant to subsection (a). The audit shall be
performed by a sworn election board consisting of bipartisan trained board
members. The county election officer shall determine the members of the
sworn election board who will conduct the audit.
(2) The audit shall review contested races as follows:
(A) In presidential election years:
(i) One federal race;
(ii) one state legislative race; and
(iii) one county race.
(B) In even-numbered, non-presidential election years:
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(i) One federal race;
(ii) one statewide race;
(iii) one state legislative race; and
(iv) one county race.
(C) In even-numbered election years, any federal, statewide or state
legislative race that is within 1% of the total number of votes cast tallied
on election night, as determined by the secretary of state, shall be audited.
The county election officer shall conduct the audit in the manner set forth
in subsection (a) in 10% of all county precincts in the specified race, with
a minimum of one precinct in the county. The precincts audited pursuant to
this subsection shall be in addition to the precincts audited under
subsections (2)(A) and (B).
(D) In odd-numbered election years, two local races will be randomly
selected, and the selection shall take place after the election.
(c) At least five days prior to the audit, notice of the time and location
of the audit shall be provided to the public on the official county website.
The audit shall be conducted in a public setting. Any candidate or entity
who is authorized to appoint a poll agent may appoint a poll agent for the
audit.
(d) The results of the audit shall be compared to the unofficial
election night returns and a report shall be submitted to the county election
office and to the secretary of state's office prior to the meeting of the
county board of canvassers. If a discrepancy is reported between the audit
and the unofficial returns and cannot be resolved, the county election
officer or the secretary of state may require audits of additional precincts.
Once the audit has been completed, the results of the audit shall be used by
the county board of canvassers when certifying the official election results.
(e) Upon publication of the notice of the audit pursuant to subsection
(c), the signed and certified official abstracts required by K.S.A. 25-3006,
and amendments thereto, shall be made available by the county election
office for review by any authorized poll agent. Such abstracts shall be
from all precincts and shall not be limited to those precincts that are
subject to the audit. The abstracts shall be available for review until
commencement of the original canvass.
(f) The provisions of this section shall not apply to any presidential
preference primary election held pursuant to K.S.A. 25-4501a, and
amendments thereto.
(g) The secretary of state shall adopt rules and regulations governing
the conduct and procedure of the audit, including the random selection of
the precincts and offices involved in the audit.
Sec. 5. K.S.A. 25-4501a is hereby amended to read as follows: 25-
4501a. (a) Except as otherwise provided, each political party which that is
a recognized political party in accordance with K.S.A. 25-302a, and
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amendments thereto, shall have procedures to select a presidential
nominee and shall select a presidential nominee in accordance with such
party procedures for the 2016 presidential election, and every fourth year
thereafter.
(b) (1) On March 19, 2024, for each political party that is a
recognized political party in accordance with K.S.A. 25-302a, and
amendments thereto, there shall be held a presidential preference primary
election for the purpose of electing the preferred nominee of a political
party for the office of president and vice president. Except as otherwise
provided, the provisions of all applicable statutes concerning elections
shall apply to such election.
(2) The provisions of this subsection shall not apply to any political
party that is subject to K.S.A. 25-202(b), and amendments thereto, or that
has submitted written notice to the secretary of state on or before
December 1, 2023, that such political party has elected to not participate
in the presidential preference primary election.
Sec. 6. K.S.A. 25-4502 is hereby amended to read as follows: 25-
4502. (a) Every registered elector voter who has declared such elector's
voter's party affiliation with a political party eligible to participate in a
state primary election shall have the opportunity to vote one vote at a
presidential preference primary election for such elector's voter's
preference for one person to be the candidate for nomination by such
candidate's party for president of the United States or for "none of the
names shown." Any registered elector voter who has not declared such
candidate's party affiliation prior to the election may make such a
declaration at the polling place, and thereupon shall be permitted likewise
the opportunity to vote one date specified for the closing of registration
for such election in K.S.A. 25-2311, and amendments thereto, shall not be
permitted to vote at the presidential preference primary. A vote for "none
of the names shown" shall express the preference for an uncommitted
delegation from Kansas to the national convention of that elector's voter's
party. Preference shall be indicated by marking with a cross or check mark
inside a voting square or a darkened oval on the ballot at the left of the
voter's choice, or by voting by using a voting machine.
(b) The name of any candidate for a political party nomination for
president of the United States shall be printed on the ballots only if, such
candidate has filed the appropriate registration information with the
federal election commission to become a candidate for president of the
United States and one of the following is filed with the secretary of state
not later than 12 noon, on the date which precedes by seven weeks that is
60 days prior to the date of the presidential preference primary or, if such
date falls on Saturday, Sunday or a holiday, not later than 12 noon the
following day that is not a Saturday, Sunday or holiday:
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(1) The candidate files with the secretary of state A declaration of
intent to become a candidate filed by the candidate and accompanied by a
fee of $100$10,000; or
(2) there is filed in the office of secretary of state a petition in the
form prescribed by K.S.A. 25-205, and amendments thereto, signed by not
less than 1,000 registered electors, voters who are affiliated with the
political party of such candidate as shown by the party affiliation list. The
secretary of state shall determine the sufficiency of each such petition, and
such determination shall be final.
Sec. 7. K.S.A. 25-4503 is hereby amended to read as follows: 25-
4503. (a) The names of the candidates for nomination for president of the
United States by a political party eligible to participate in a state primary
election shall be printed on the official ballots for the presidential
preference primary elections of their respective parties along with the
choice of "none of the names shown." The ballots shall be marked,
returned and canvassed in the same manner and under the same conditions,
so far as the same are applicable, as in the case of the primary election of
candidates for nomination for state offices.
(b) The official presidential preference primary election ballots shall
be printed in a single column and shall have the following heading:
OFFICIAL PRESIDENTIAL
PREFERENCE PRIMARY
ELECTION BALLOT
______________Party
To vote for a person whose name is printed on the ballot make a cross
or check mark in the square, or darken the oval, to the left of the name of
the person for whom you desire to vote. To vote for "none of the names
shown" make a cross or check mark in the square, or darken the oval, to
the left of such words.
This shall be followed by the names of the candidates for president of
the United States of such party in the manner and order certified by the
secretary of state.
(c) As soon as possible after the candidate filing deadline, the
secretary of state shall certify to each county election officer the name of
each person who is a candidate for nomination to be president of the
United States of each party authorized to participate in the presidential
preference primary election. The secretary of state shall publish, not less
than 21 31 days prior to the presidential preference primary, a notice in one
newspaper in each county of the state where a newspaper is published, that
the official list of candidates and the date of the election can be acquired in
the office of the secretary of state or the office of the county election
officer.
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(d) When a party participating in the presidential preference primary
election has more than one candidate, the secretary of state shall determine
by lot the order in which the candidates' names will appear on the ballot.
The order of names, as established by the secretary of state, shall be
uniform in each county throughout the state.
(e) (1) All advance voting ballots for a presidential preference
primary election shall be transmitted by the county election officer not
earlier than the 14
th
day preceding the date of such election.
(2) Advance voting in person shall be conducted no earlier than eight
days prior to such election.
(3) All such ballots that are received in the office of the county
election officer or any polling place by the following times shall be
delivered by the county election officer to the county board of canvassers
for canvassing:
(A) For advance voting ballots transmitted in person, 12 noon on the
day preceding such election; and
(B) for advance voting ballots transmitted by mail, the closing of the
polls on the date of such election.
(4) An advance voting ballot shall not be counted if such ballot is
received by the county election office or any polling place after the closing
time of the polls on the date of such election.
Sec. 8. K.S.A. 25-4505 is hereby amended to read as follows: 25-
4505. (a) The county board of canvassers of each county shall meet at the
office of the county election officer, unless another place is agreed upon
and announced as provided in K.S.A. 25-3105, and amendments thereto, at
any time between 8:00 and 10:00 o'clock a.m. on the Friday following the
day a presidential preference primary election is held and canvass the vote
of such preference primary. The county election officer may move the
canvass to the Monday next following the election if notice of such change
is published prior to the canvass in a newspaper of general circulation
within the county. Upon completion of such canvass, the county election
officer of each county shall prepare an abstract of the vote of the
presidential preference primary election in his or her such county as such
vote is determined by the county board of canvassers and shall promptly
transmit the same such abstract to the secretary of state no later than the
tenth day after the day of the election. Each county election officer shall
also post a copy of such abstract in a public place in the courthouse of his
or her such county.
(b) Every such transmittal shall be made by first class mail or by a
messenger. If the secretary of state fails to receive the abstract of the
canvass from any county within 14 days next after the election, he or she
the secretary shall dispatch a special messenger to obtain a copy of the
same such abstract, and the county election officer shall immediately, on
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demand of such messenger, make out and deliver to such messenger the
copy required. Thereupon, The messenger shall deliver such copy to the
secretary of state, and the secretary of state shall be reimbursed for the
expenses of such messenger by such county.
Sec. 9. K.S.A. 25-1122, 25-1123, 25-2311, 25-4501a, 25-4502, 25-
4503 and 25-4505 and K.S.A. 2022 Supp. 25-3009 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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