Kansas 2024 1st Special Session

Kansas Senate Bill SB3 Compare Versions

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11 Special Session of 2024
22 SENATE BILL No. 3
33 By Senator Thompson
44 6-18
55 AN ACT concerning elections; relating to nominations for elected office;
66 clarifying procedures for accepting a nomination for an elected office;
77 imposing restrictions on using multiple nomination procedures;
88 amending K.S.A. 25-302, 25-304 and 25-306 and repealing the existing
99 sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 25-302 is hereby amended to read as follows: 25-
1212 302. (a) Any recognized political party, except those authorized to
1313 participate in a primary election pursuant to K.S.A. 25-202, and
1414 amendments thereto, may by means of a delegate or mass convention or
1515 caucus of qualified voters belonging to such party for the state or
1616 municipality, or any lawfully organized portion of either, for which such
1717 convention or caucus is held, nominate one person for each office that is to
1818 be filled therein at the next ensuing election, and,. Subject to the
1919 provisions of this act, such political party shall file a certificate of such
2020 nominations so made. A convention or caucus for nominating persons for
2121 national, state, district, or county offices shall be called by the state
2222 chairperson of the party, or if there be no state chairperson by the party's
2323 candidate for governor at the preceding general election.
2424 Every such(b) Each certificate of nomination shall be signed by the
2525 presiding officer and a secretary of the convention or caucus making such
2626 nominations. In each case The persons signing the certificates shall add to
2727 their signatures their places include such person's place of residence with
2828 such person's signature, and shall make and subscribe an oath that, to the
2929 best of their such person's knowledge and belief, such certificates and the
3030 statements therein made are true; and. A certificate that such oath has been
3131 taken and administered shall be made and signed on such certificate of
3232 nomination by the officer before whom the same such oath was taken.
3333 (c) A person listed on a certificate of nomination shall submit a
3434 signed declaration stating that such person accepts the nomination of the
3535 party submitting such certificate of nomination for the designated office.
3636 Such declaration shall be acknowledged by an individual authorized to
3737 perform notarial acts in this state pursuant to K.S.A. 53-5a010, and
3838 amendments thereto. No person shall be a party's nominee pursuant to this
3939 section until such declaration is submitted in accordance with this act.
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7676 Sec. 2. K.S.A. 25-304 is hereby amended to read as follows: 25-304.
7777 (a) All certificates of nomination shall be in writing, and shall contain the
7878 name of each person nominated, with such person's residence and the
7979 office for which such person is nominated.
8080 (b) Party certificates of nomination issued by a party convention or
8181 caucus pursuant to K.S.A. 25-302, and amendments thereto, by the
8282 secretary of state pursuant to K.S.A. 25-3205, and amendments thereto, or
8383 by a county election officer pursuant to K.S.A. 25-3110, and amendments
8484 thereto, shall designate the political party which that the convention,
8585 primary election or caucus making the nominations represented.
8686 (c) When electors for president and vice-president vice president of
8787 the United States are nominated, the names of the candidates for president
8888 and vice-president vice president may also be shown on the certificates.
8989 Independent nomination petitions for presidential electors shall contain the
9090 names of each elector and the names of the candidates for president and
9191 vice-president vice president of the United States, together with the
9292 residence of each elector and candidate.
9393 (d) The provisions of this section shall not apply to city or school
9494 elections, nor to the election of officers for which it is provided by law to
9595 be elected at the time of city and school elections.
9696 Sec. 3. K.S.A. 25-306 is hereby amended to read as follows: 25-306.
9797 Unless a person declines a nomination pursuant to K.S.A. 25-306e, and
9898 amendments thereto, withdraws from candidacy pursuant to K.S.A. 25-
9999 306a, and amendments thereto, or withdraws from a nomination pursuant
100100 to K.S.A. 25-306b, and amendments thereto:
101101 (a) No person shall be eligible to may accept more than one
102102 nomination for the same office.
103103 (b) No person shall be eligible for nomination to an office pursuant to
104104 K.S.A. 25-303 or 25-304, and amendments thereto, if such person has filed
105105 either a declaration of intention to become a candidate for the same office
106106 or has filed a nomination petition for the same office(1) If a person has:
107107 (A) Received and accepted a party nomination pursuant to K.S.A. 25-302,
108108 and amendments thereto; (B) filed a declaration of intention to become a
109109 candidate for an office pursuant to K.S.A. 25-206, and amendments
110110 thereto; or (C) filed a valid nomination petition to be an independent
111111 candidate pursuant to K.S.A. 25-303, and amendments thereto, such
112112 person shall not become a candidate for office at a general election
113113 through any of the foregoing procedures unless such person has satisfied
114114 the provisions of paragraph (2).
115115 (2) A person who has met one of the conditions described in
116116 paragraph (1) shall not become a candidate for office at a general
117117 election through any of the procedures described in paragraph (1) unless
118118 prior to the filing deadline established by K.S.A. 25-205, and amendments
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162162 thereto, such person has: (A) Declined a party nomination pursuant to
163163 K.S.A. 25-306e, and amendments thereto; (B) withdrawn from candidacy
164164 after nomination pursuant to K.S.A. 25-306a, and amendments thereto; or
165165 (C) withdrawn from a nomination pursuant to K.S.A. 25-306b, and
166166 amendments thereto.
167167 (c) No person shall be eligible to file either a declaration of intention
168168 to become a candidate for an office or a nomination petition for an office if
169169 such person has accepted a nomination for the same office pursuant to
170170 K.S.A. 25-303 or 25-304, and amendments theretoThe provisions of this
171171 section shall be enforced by the secretary of state for all federal and state
172172 elected offices and by the appropriate county election officer for all county
173173 and township elected offices.
174174 Sec. 4. K.S.A. 25-302, 25-304 and 25-306 are hereby repealed.
175175 Sec. 5. This act shall take effect and be in force from and after its
176176 publication in the Kansas register.
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