{As Amended by Senate Committee of the Whole}
As Amended by Senate Committee
Session of 2025
HOUSE BILL No. 2022
By Committee on Elections
Requested by Representative Waggoner
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AN ACT concerning elections; clarifying when special elections may be
held requiring that any special election be held on the first Tuesday
after the first Monday in April or on the same day as a general or
primary election; amending K.S.A. 25-2006 and 25-2019 and K.S.A.
2024 Supp. 10-120, 25-1115 and 25-2502 and repealing the existing
section sections.
Be it enacted by the Legislature of the State of Kansas:
{New Section 1. (a) Whenever an election is required for the
issuance of bonds by any municipality, such election shall be called and
held on the date of the next primary or general election, as specified in
the resolution calling such election. Any law that specifies an election
date for such election shall take precedence over the provisions of this
section and such election shall be held on the specified election date.
(b) No municipality shall call or hold more than one bond election
at a time other than on the same date as a primary or general election
within any one calendar year. The provisions of this subsection shall not
prohibit the planning for or consideration of any bond election during
the period between authorized bond elections, nor shall this subsection
prohibit notice or other preparation for election during such period.
This subsection shall not apply to bond elections held for the purpose of
replacing, or repairing and equipping municipal buildings or facilities
destroyed or substantially damaged by fire, windstorm, flood or other
casualty.
(c) This section shall be a part of and supplemental the general
bond laws of this state.}
Section 1. {Sec. 2.} K.S.A. 2024 Supp. 10-120 is hereby amended to
read as follows: 10-120. (a) Whenever an election is required for the
issuance of bonds for any purpose by any municipality other than an
irrigation district or where a different procedure for giving notice of the
election is specifically provided by law, upon compliance with the legal
requirements necessary and precedent to the call for the election, the
proper municipal officers shall call an election. The election shall be
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held within 60 days after compliance with the necessary requirements, or
within 90 days, should the longer period include the date of a general
election on the date of a general election, {or} primary election or special
election, as such terms are defined in K.S.A. 25-2502, and amendments
thereto.
(b) Notice of the election shall be published in a newspaper of
general circulation in the municipality once each week for two
consecutive weeks. The first publication shall be not less than 21 days
prior to the election. Notice of the election shall also be published on the
website of the county election office of any county where the election is
to be conducted. Such notice shall be published not less than 21 days
prior to the election and shall remain on the website until the day after
the election. The notice shall set forth the time and place of holding the
election and the purpose for which the bonds are to be issued and shall
be signed by the county election officer. The election shall be held at the
usual place of holding elections and shall be conducted by the officers or
persons provided by law for holding elections in the municipality.
Sec. 2. {3.} K.S.A. 2024 Supp. 25-1115 is hereby amended to read as
follows: 25-1115. (a) "General election" means the elections held on the
Tuesday following the first Monday in November of both even-numbered
and odd-numbered years, and in the case of an election of any officers to
fill vacancies held on a date other than the Tuesday following the first
Monday in November, the election at which any such officer is finally
elected.
(b) "Primary election" means the elections held on the first
Tuesday in August of both even-numbered and odd-numbered years and
any other preliminary election held on a date other than the first
Tuesday in August at which part of the candidates for election to any
national, state, county, city, school or other municipal office are
eliminated by the process of the election but at which no officer is finally
elected.
(c) "Special election" means any election that is not a general or
primary election, including, but not limited to, any mail ballot election
conducted pursuant to K.S.A. 25-431 et seq., and amendments thereto. A
special election shall not be held within 45 days of a general or primary
election but may be held on the same day as a general or primary election
held on the first Tuesday after the first Monday in April of any year or on
the same day as a general or primary election.
Sec. 3. {4.} K.S.A. 25-2006 is hereby amended to read as follows:
25-2006. As used in article 20 of chapter 25 of the Kansas Statutes
Annotated, and amendments thereto:
(a) "General election" means the election held for school officers
on the Tuesday following the first Monday in November of odd-
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numbered years, and in the case of special elections of any school
officers to fill vacancies, the election at which any such officer is finally
elected.
(b) "Primary election" means the election held on the first Tuesday
in August of each odd-numbered year, and any other preliminary
election at which part of the candidates for special election to any school
office are eliminated by the process of the election but at which no
officer is finally elected.
(c) "Special election" means any election held on the first Tuesday
after the first Monday in April of any year or on the same day as a general
or primary election.
Sec. 4. {5.} K.S.A. 25-2019 is hereby amended to read as follows:
25-2019. (a) No school district shall call or hold more than one special
bond election at a time other than on the same date as a primary or
general election, at a special election or the election of board of education
members within any one calendar year; nor shall any special bond
election be held within sixty (60) days before or after a general election or
election of members of the board of education of such district. The
provisions of this act shall not prohibit the planning for or consideration
of any bond election during the period between authorized bond
elections, nor shall this act prohibit notice or other preparation for
election during such period.
(b) The provisions of this act shall have no application to any
capital outlay tax levy or election for authorization thereof. This act shall
apply to every school district offering any of grades one to twelve and to
community junior colleges.
(c) This section shall not apply to bond elections held for the
purpose of replacing, or repairing and equipping school buildings or
facilities destroyed or substantially damaged by fire, windstorm, flood or
other casualty, if approval for such election is obtained from the state
board of education.
Section 1. Sec. 5. {6.} K.S.A. 2024 Supp. 25-2502 is hereby amended
to read as follows: 25-2502.(a) "General election" means the elections held
on the Tuesday following the first Monday in November of both even-
numbered and odd-numbered years, and in the case of an election of any
officers to fill vacancies held on a date other than the Tuesday following
the first Monday in November, the election at which any such officer is
finally elected.
(b) "Primary election" means the elections held on the first Tuesday
in August of both even-numbered and odd-numbered years and any other
preliminary election held on a date other than the first Tuesday in August
at which part of the candidates for election to any national, state, county,
township, city, school or other municipal office are eliminated by the
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process of the election but at which no officer is finally elected.
(c) "Special election" means any election that is not a general or
primary election, including, but not limited to, any mail ballot election
conducted pursuant to K.S.A. 25-431 et seq., and amendments thereto. A
special election shall not be held within 45 days of before or after a
general or primary election but may be held on the first Tuesday after the
first Monday in April of any year or on the same day as a general or
primary election.
Sec. 2. 6. {7.} K.S.A. 25-2006 and 25-2019 and K.S.A. 2024 Supp.
10-120, 25-1115 and 25-2502 is are hereby repealed.
Sec. 3. 7. {8.} This act shall take effect and be in force from and after
its publication in the statute book.
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