12 | | - | New Section 1. (a) No county election officer shall disqualify an |
---|
13 | | - | individual from serving as a poll worker at any election on the basis of |
---|
14 | | - | residency or registered voter status if such individual is a citizen of the |
---|
15 | | - | United States and an active military member or the spouse or other |
---|
16 | | - | dependent of an active military member. |
---|
17 | | - | (b) Nothing in this section shall be construed to limit or otherwise |
---|
18 | | - | restrict any poll worker qualifications based on the age of the |
---|
19 | | - | individual, except as provided in K.S.A. 25-2804, and amendments |
---|
20 | | - | thereto. |
---|
21 | | - | (c) "Active military member" means any person with full-time |
---|
22 | | - | duty status in the armed forces of the United States, including members |
---|
23 | | - | of the national guard and reserve. |
---|
24 | | - | Sec. 2. K.S.A. 2024 Supp. 25-1122 is hereby amended to read as |
---|
25 | | - | follows: 25-1122. (a) Any registered voter may file with the county |
---|
26 | | - | election officer where such person is a resident, or where such person is |
---|
27 | | - | authorized by law to vote as a former precinct resident, an application |
---|
28 | | - | for an advance voting ballot. The signed application shall be |
---|
29 | | - | transmitted only to the county election officer by personal delivery, |
---|
30 | | - | mail, facsimile or as otherwise provided by law. |
---|
31 | | - | (b) If the registered voter is applying for an advance voting ballot |
---|
32 | | - | to be transmitted in person, the voter shall provide identification |
---|
33 | | - | pursuant to K.S.A. 25-2908, and amendments thereto. |
---|
34 | | - | (c) If the registered voter is applying for an advance voting ballot |
---|
35 | | - | to be transmitted by mail, the voter shall provide with the application |
---|
36 | | - | for an advance voting ballot the voter's current and valid Kansas |
---|
37 | | - | driver's license number, nondriver's identification card number or a |
---|
38 | | - | photocopy of any other identification provided by K.S.A. 25-2908, and |
---|
39 | | - | amendments thereto. |
---|
40 | | - | (d) A voter may vote a provisional ballot according to K.S.A. 25- |
---|
41 | | - | 409, and amendments thereto, if: |
---|
42 | | - | (1) The voter is unable or refuses to provide current and valid |
---|
43 | | - | identification; or |
---|
44 | | - | (2) the name and address of the voter provided on the application |
---|
45 | | - | for an advance voting ballot do not match the voter's name and address |
---|
46 | | - | on the registration book. The voter shall provide a valid form of |
---|
47 | | - | identification as defined in K.S.A. 25-2908, and amendments thereto, |
---|
48 | | - | to the county election officer in person or provide a copy by mail or |
---|
49 | | - | electronic means before the meeting of the county board of canvassers. |
---|
50 | | - | At the meeting of the county board of canvassers the county election |
---|
51 | | - | officer shall present copies of identification received from provisional |
---|
52 | | - | voters and the corresponding provisional ballots. If the county board of |
---|
53 | | - | canvassers determines that a voter's identification is valid and the |
---|
54 | | - | provisional ballot was properly cast, the ballot shall be counted. |
---|
55 | | - | (e) No county election officer shall provide an advance voting |
---|
56 | | - | ballot to a person who is requesting an advance voting ballot to be |
---|
57 | | - | transmitted by mail unless: |
---|
58 | | - | (1) The county election official verifies that the signature of the |
---|
59 | | - | person matches that on file in the county voter registration records, |
---|
60 | | - | except that verification of the voter's signature shall not be required if a |
---|
61 | | - | voter has a disability preventing the voter from signing. Signature |
---|
62 | | - | verification may occur by electronic device or by human inspection. In |
---|
63 | | - | the event that the signature of a person who is requesting an advance |
---|
64 | | - | voting ballot does not match that on file, the county election officer |
---|
65 | | - | shall attempt to contact the person and shall offer the person another |
---|
66 | | - | opportunity to provide the person's signature for the purposes of HOUSE BILL No. 2016—page 2 |
---|
67 | | - | verifying the person's identity. If the county election officer is unable to |
---|
68 | | - | reach the person, the county election officer may transmit a provisional |
---|
69 | | - | ballot, however, such provisional ballot may not be counted unless a |
---|
70 | | - | signature is included therewith that can be verified; and |
---|
71 | | - | (2) the person provides such person's full Kansas driver's license |
---|
72 | | - | number, Kansas nondriver's identification card number issued by the |
---|
73 | | - | division of vehicles, or submits such person's application for an |
---|
74 | | - | advance voting ballot and a copy of identification provided by K.S.A. |
---|
75 | | - | 25-2908, and amendments thereto, to the county election officer for |
---|
76 | | - | verification. If a person applies for an advance voting ballot to be |
---|
77 | | - | transmitted by mail but fails to provide identification pursuant to this |
---|
78 | | - | subsection or the identification of the person cannot be verified by the |
---|
79 | | - | county election officer, the county election officer shall provide |
---|
80 | | - | information to the person regarding the voter rights provisions of |
---|
81 | | - | subsection (d) and shall provide the person an opportunity to provide |
---|
82 | | - | identification pursuant to this subsection. For the purposes of this act, |
---|
83 | | - | Kansas state offices and offices of any subdivision of the state will |
---|
84 | | - | allow any person seeking to vote by an advance voting ballot the use of |
---|
85 | | - | a photocopying device to make one photocopy of an identification |
---|
86 | | - | document at no cost. |
---|
87 | | - | (f) (1) Applications for advance voting ballots to be transmitted to |
---|
88 | | - | the voter by mail shall be filed only at the following times: |
---|
89 | | - | (A) For the primary election occurring on the first Tuesday in |
---|
90 | | - | August in both even-numbered and odd-numbered years, between April |
---|
91 | | - | 1 of such year and the Tuesday of the week preceding such primary |
---|
92 | | - | election; |
---|
93 | | - | (B) for the general election occurring on the Tuesday following |
---|
94 | | - | the first Monday in November in both even-numbered and odd- |
---|
95 | | - | numbered years, between 90 days prior to such election and the |
---|
96 | | - | Tuesday of the week preceding such general election; |
---|
97 | | - | (C) for the presidential preference primary election held pursuant |
---|
98 | | - | to K.S.A. 25-4501a, and amendments thereto, between January 1 of the |
---|
99 | | - | year in which such election is held and 30 days prior to the day of such |
---|
100 | | - | election; |
---|
101 | | - | (D) for question submitted elections occurring on the date of a |
---|
102 | | - | primary or general election, the same as is provided for ballots for |
---|
103 | | - | election of officers at such election; |
---|
104 | | - | (E) for question submitted elections not occurring on the date of a |
---|
105 | | - | primary or general election, between the time of the first published |
---|
106 | | - | notice thereof and the Tuesday of the week preceding such question |
---|
107 | | - | submitted election, except that if the question submitted election is held |
---|
108 | | - | on a day other than a Tuesday, the final date for mailing of advance |
---|
109 | | - | voting ballots shall be one week before such election; and |
---|
110 | | - | (F) for any special election of officers, at such time as is specified |
---|
111 | | - | by the secretary of state. |
---|
112 | | - | (2) The county election officer of any county may receive |
---|
113 | | - | applications prior to the time specified in this subsection and hold such |
---|
114 | | - | applications until the beginning of the prescribed application period. |
---|
115 | | - | Such applications shall be treated as filed on that date. |
---|
116 | | - | (g) (1) Unless an earlier date is designated by the county election |
---|
117 | | - | office, applications for advance voting ballots transmitted to the voter |
---|
118 | | - | in person shall be filed on the Tuesday next preceding the election and |
---|
119 | | - | on each subsequent business day until no later than 12 12:00 noon on |
---|
120 | | - | the day preceding such election. If the county election officer so |
---|
121 | | - | provides, applications for advance voting ballots transmitted to the |
---|
122 | | - | voter in person in the office of the county election officer also may be |
---|
123 | | - | filed on the Saturday preceding the election. Upon receipt of any such |
---|
124 | | - | properly executed application, the county election officer shall deliver |
---|
125 | | - | to the voter such ballots and instructions as are provided for in this act. |
---|
126 | | - | (2) An application for an advance voting ballot filed by a voter |
---|
127 | | - | who has a temporary illness or disability or who is not proficient in |
---|
128 | | - | reading the English language or by a person rendering assistance to |
---|
129 | | - | such voter may be filed during the regular advance ballot application |
---|
130 | | - | periods until the close of the polls on election day. HOUSE BILL No. 2016—page 3 |
---|
131 | | - | (3) The county election officer may designate places other than the |
---|
132 | | - | central county election office as satellite advance voting sites. At any |
---|
133 | | - | satellite advance voting site, a registered voter may obtain an |
---|
134 | | - | application for advance voting ballots. Ballots and instructions shall be |
---|
135 | | - | delivered to the voter in the same manner and subject to the same |
---|
136 | | - | limitations as otherwise provided by this subsection. |
---|
137 | | - | (h) Any person having a permanent disability or an illness that has |
---|
138 | | - | been diagnosed as a permanent illness is hereby authorized to make an |
---|
139 | | - | application for permanent advance voting status. Applications for |
---|
140 | | - | permanent advance voting status shall be in the form and contain such |
---|
141 | | - | information as is required for application for advance voting ballots and |
---|
142 | | - | also shall contain information that establishes the voter's right to |
---|
143 | | - | permanent advance voting status. |
---|
144 | | - | (i) On receipt of any application filed under the provisions of this |
---|
145 | | - | section, the county election officer shall prepare and maintain in such |
---|
146 | | - | officer's office a list of the names of all persons who have filed such |
---|
147 | | - | applications, together with their correct post office address and the |
---|
148 | | - | precinct, ward, township or voting area in which the persons claim to |
---|
149 | | - | be registered voters or to be authorized by law to vote as former |
---|
150 | | - | precinct residents and the present resident address of each applicant. |
---|
151 | | - | Names and addresses shall remain so listed until the day of such |
---|
152 | | - | election. The county election officer shall maintain a separate listing of |
---|
153 | | - | the names and addresses of persons qualifying for permanent advance |
---|
154 | | - | voting status. All such lists shall be available for inspection upon |
---|
155 | | - | request in compliance with this subsection by any registered voter |
---|
156 | | - | during regular business hours. The county election officer upon receipt |
---|
157 | | - | of the applications shall enter upon a record kept by such officer the |
---|
158 | | - | name and address of each applicant, which record shall conform to the |
---|
159 | | - | list above required. Before inspection of any advance voting ballot |
---|
160 | | - | application list, the person desiring to make the inspection shall provide |
---|
161 | | - | to the county election officer identification in the form of driver's |
---|
162 | | - | license or other reliable identification and shall sign a log book or |
---|
163 | | - | application form maintained by the officer stating the person's name |
---|
164 | | - | and address and showing the date and time of inspection. All records |
---|
165 | | - | made by the county election officer shall be subject to public |
---|
166 | | - | inspection, except that the voter identification information required by |
---|
167 | | - | subsections (b) and (c) and the identifying number on ballots and ballot |
---|
168 | | - | envelopes and records of such numbers shall not be made public. |
---|
169 | | - | (j) If a person on the permanent advance voting list fails to vote in |
---|
170 | | - | four consecutive general elections, the county election officer may mail |
---|
171 | | - | a notice to such voter. The notice shall inform the voter that the voter's |
---|
172 | | - | name will be removed from the permanent advance voting list unless |
---|
173 | | - | the voter renews the application for permanent advance voting status |
---|
174 | | - | within 30 days after the notice is mailed. If the voter fails to renew such |
---|
175 | | - | application, the county election officer shall remove the voter's name |
---|
176 | | - | from the permanent advance voting list. Failure to renew the |
---|
177 | | - | application for permanent advance voting status shall not result in |
---|
178 | | - | removal of the voter's name from the voter registration list. |
---|
179 | | - | (k) (1) Any person who solicits by mail a registered voter to file |
---|
180 | | - | an application for an advance voting ballot and includes an application |
---|
181 | | - | for an advance voting ballot in such mailing shall include on the |
---|
182 | | - | exterior of such mailing, and on each a page contained therein, except |
---|
183 | | - | the application, in such mailing a clear and conspicuous label in 14- |
---|
184 | | - | point 10-point font or larger that includes: |
---|
185 | | - | (A) The name of the individual or organization that caused such |
---|
186 | | - | solicitation to be mailed; |
---|
187 | | - | (B) if an organization, the name of the president, chief executive |
---|
188 | | - | officer or executive director of such organization; |
---|
189 | | - | (C) the address of such individual or organization; and |
---|
190 | | - | (D)(C) the following statement: "Disclosure: This is not a |
---|
191 | | - | government mailing. It is from a private individual or organization." |
---|
192 | | - | (2) The application for an advance voting ballot included in such |
---|
193 | | - | mailing shall be the official application for advance ballot by mail |
---|
194 | | - | provided by the secretary of state or the appropriate county election HOUSE BILL No. 2016—page 4 |
---|
195 | | - | office. No portion of such application shall be completed prior to |
---|
196 | | - | mailing such application to the registered voter, except that the date of |
---|
197 | | - | the election may be printed on the application. |
---|
198 | | - | (3) An application for an advance voting ballot shall include an |
---|
199 | | - | envelope addressed to the appropriate county election office for the |
---|
200 | | - | mailing of such application information on how to mail such |
---|
201 | | - | application to the appropriate county election office. In no case shall |
---|
202 | | - | the person who mails the application to the voter direct that the |
---|
203 | | - | completed application be returned to such person. |
---|
204 | | - | (4) The provisions of this subsection shall not apply to: |
---|
205 | | - | (A) The secretary of state or any election official or county |
---|
206 | | - | election office; or |
---|
207 | | - | (B) the official protection and advocacy for voting access agency |
---|
208 | | - | for this state as designated pursuant to the federal help America vote act |
---|
209 | | - | of 2002, public law 107-252, or any other entity required to provide |
---|
210 | | - | information concerning elections and voting procedures by federal law. |
---|
211 | | - | (5) A violation of this subsection is a class C nonperson |
---|
212 | | - | misdemeanor. |
---|
213 | | - | (l) (1) No person shall mail or cause to be mailed an application |
---|
214 | | - | for an advance voting ballot, unless such person is a resident of this |
---|
215 | | - | state or is otherwise domiciled in this state. |
---|
216 | | - | (2) Any individual may file a complaint in writing with the |
---|
217 | | - | attorney general alleging a violation of this subsection. Such complaint |
---|
218 | | - | shall include the name of the person alleged to have violated this |
---|
219 | | - | subsection and any other information as required by the attorney |
---|
220 | | - | general. Upon receipt of a complaint, the attorney general shall |
---|
221 | | - | investigate and may file an action against any person found to have |
---|
222 | | - | violated this subsection. |
---|
223 | | - | (3) Any person who violates the provisions of this subsection is |
---|
224 | | - | subject to a civil penalty of $20. Each instance in which a person mails |
---|
225 | | - | an application for an advance voting ballot in violation of this section |
---|
226 | | - | shall constitute a separate violation. |
---|
227 | | - | (m) A county election officer shall not mail a ballot to a voter |
---|
228 | | - | unless such voter has submitted an application for an advance voting |
---|
229 | | - | ballot, except that a ballot may be mailed to a voter if such voter has |
---|
230 | | - | permanent advance voting ballot status pursuant to subsection (h) or if |
---|
231 | | - | the election is conducted pursuant to the mail ballot election act, K.S.A. |
---|
232 | | - | 25-431 et seq., and amendments thereto. |
---|
233 | | - | (n) The secretary of state may adopt rules and regulations in order |
---|
234 | | - | to implement the provisions of this section and to define valid forms of |
---|
235 | | - | identification. |
---|
236 | | - | Sec. 3. K.S.A. 2024 Supp. 25-2316c is hereby amended to read as |
---|
237 | | - | follows: 25-2316c. (a) When a registered voter changes name by |
---|
238 | | - | marriage, divorce or legal proceeding, if the voter is otherwise qualified |
---|
239 | | - | to vote at such voting place the voter shall be allowed to vote a |
---|
240 | | - | provisional ballot at any election, or apply for an advance voting ballot, |
---|
241 | | - | on the condition that the voter first completes the application for |
---|
242 | | - | registration prescribed by K.S.A. 25-2309, and amendments thereto. |
---|
243 | | - | Completion of the application shall authorize the county election |
---|
244 | | - | officer to update the registration records, if appropriate, for voting in |
---|
245 | | - | future elections. The county election officer shall send, by |
---|
246 | | - | nonforwardable mail, a notice of disposition to any voter completing |
---|
247 | | - | such application. |
---|
| 11 | + | Section 1. K.S.A. 2024 Supp. 25-2316c is hereby amended to read as |
---|
| 12 | + | follows: 25-2316c. (a) When a registered voter changes name by marriage, |
---|
| 13 | + | divorce or legal proceeding, if the voter is otherwise qualified to vote at |
---|
| 14 | + | such voting place the voter shall be allowed to vote a provisional ballot at |
---|
| 15 | + | any election, or apply for an advance voting ballot, on the condition that |
---|
| 16 | + | the voter first completes the application for registration prescribed by |
---|
| 17 | + | K.S.A. 25-2309, and amendments thereto. Completion of the application |
---|
| 18 | + | shall authorize the county election officer to update the registration |
---|
| 19 | + | records, if appropriate, for voting in future elections. The county election |
---|
| 20 | + | officer shall send, by nonforwardable mail, a notice of disposition to any |
---|
| 21 | + | voter completing such application. |
---|
311 | | - | circulation in the county reports the death of a such registered voter, or |
---|
312 | | - | (2) a; |
---|
313 | | - | (B) an obituary notice published online by a funeral home located |
---|
314 | | - | in the county reports the death of such registered voter; |
---|
315 | | - | (C) such registered voter requests in writing that such voter's name |
---|
316 | | - | be removed from registration, or (3); |
---|
317 | | - | (D) a court of competent jurisdiction orders removal of the name |
---|
318 | | - | of a such registered voter from registration lists, or (4); or |
---|
319 | | - | (E) the name of a such registered voter appears on a list of |
---|
320 | | - | deceased residents compiled by the secretary of health and environment |
---|
321 | | - | as provided in K.S.A. 65-2422, and amendments thereto, or appears on |
---|
322 | | - | a copy of a death certificate provided by the secretary of health and HOUSE BILL No. 2016—page 6 |
---|
323 | | - | environment, or appears in information provided by the social security |
---|
324 | | - | administration, the county election officer shall remove from the |
---|
325 | | - | registration books and the party affiliation lists in such officer's office |
---|
326 | | - | the name of any person shown by such list or death certificate to be |
---|
327 | | - | deceased. |
---|
328 | | - | (3) The county election officer shall not use or permit the use of |
---|
329 | | - | such any lists of deceased residents or copies of such lists for any other |
---|
330 | | - | purpose than as provided in this section. |
---|
331 | | - | (g) When the chief state election official receives written notice of |
---|
332 | | - | a felony conviction in a United States district court, such official shall |
---|
333 | | - | notify within five days the county election officer of the jurisdiction in |
---|
334 | | - | which the offender resides. Upon notification of a felony conviction |
---|
335 | | - | from the chief state election official, or from a county or district |
---|
336 | | - | attorney or a Kansas district court, the county election officer shall |
---|
337 | | - | remove the name of the offender from the registration records. |
---|
| 116 | + | circulation in the county reports the death of a such registered voter, or (2) |
---|
| 117 | + | a; |
---|
| 118 | + | 1 |
---|
| 119 | + | 2 |
---|
| 120 | + | 3 |
---|
| 121 | + | 4 |
---|
| 122 | + | 5 |
---|
| 123 | + | 6 |
---|
| 124 | + | 7 |
---|
| 125 | + | 8 |
---|
| 126 | + | 9 |
---|
| 127 | + | 10 |
---|
| 128 | + | 11 |
---|
| 129 | + | 12 |
---|
| 130 | + | 13 |
---|
| 131 | + | 14 |
---|
| 132 | + | 15 |
---|
| 133 | + | 16 |
---|
| 134 | + | 17 |
---|
| 135 | + | 18 |
---|
| 136 | + | 19 |
---|
| 137 | + | 20 |
---|
| 138 | + | 21 |
---|
| 139 | + | 22 |
---|
| 140 | + | 23 |
---|
| 141 | + | 24 |
---|
| 142 | + | 25 |
---|
| 143 | + | 26 |
---|
| 144 | + | 27 |
---|
| 145 | + | 28 |
---|
| 146 | + | 29 |
---|
| 147 | + | 30 |
---|
| 148 | + | 31 |
---|
| 149 | + | 32 |
---|
| 150 | + | 33 |
---|
| 151 | + | 34 |
---|
| 152 | + | 35 |
---|
| 153 | + | 36 |
---|
| 154 | + | 37 |
---|
| 155 | + | 38 |
---|
| 156 | + | 39 |
---|
| 157 | + | 40 |
---|
| 158 | + | 41 |
---|
| 159 | + | 42 |
---|
| 160 | + | 43 HB 2016 3 |
---|
| 161 | + | (B) an obituary notice published online by a funeral home located in |
---|
| 162 | + | the county reports the death of such registered voter; |
---|
| 163 | + | (C) such registered voter requests in writing that such voter's name be |
---|
| 164 | + | removed from registration, or (3); |
---|
| 165 | + | (D) a court of competent jurisdiction orders removal of the name of a |
---|
| 166 | + | such registered voter from registration lists, or (4); or |
---|
| 167 | + | (E) the name of a such registered voter appears on a list of deceased |
---|
| 168 | + | residents compiled by the secretary of health and environment as provided |
---|
| 169 | + | in K.S.A. 65-2422, and amendments thereto, or appears on a copy of a |
---|
| 170 | + | death certificate provided by the secretary of health and environment, or |
---|
| 171 | + | appears in information provided by the social security administration, the |
---|
| 172 | + | county election officer shall remove from the registration books and the |
---|
| 173 | + | party affiliation lists in such officer's office the name of any person shown |
---|
| 174 | + | by such list or death certificate to be deceased. |
---|
| 175 | + | (3) The county election officer shall not use or permit the use of such |
---|
| 176 | + | any lists of deceased residents or copies of such lists for any other purpose |
---|
| 177 | + | than as provided in this section. |
---|
| 178 | + | (g) When the chief state election official receives written notice of a |
---|
| 179 | + | felony conviction in a United States district court, such official shall notify |
---|
| 180 | + | within five days the county election officer of the jurisdiction in which the |
---|
| 181 | + | offender resides. Upon notification of a felony conviction from the chief |
---|
| 182 | + | state election official, or from a county or district attorney or a Kansas |
---|
| 183 | + | district court, the county election officer shall remove the name of the |
---|
| 184 | + | offender from the registration records. |
---|