Division of the Budget Landon State Office Building Phone: (785) 296-2436 900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov Topeka, KS 66612 http://budget.kansas.gov Adam C. Proffitt, Director Laura Kelly, Governor Division of the Budget February 5, 2025 The Honorable Pat Proctor, Chairperson House Committee on Elections 300 SW 10th Avenue, Room 218-N Topeka, Kansas 66612 Dear Representative Proctor: SUBJECT: Fiscal Note for HB 2023 by House Committee on Elections In accordance with KSA 75-3715a, the following fiscal note concerning HB 2023 is respectfully submitted to your committee. HB 2023 would create and define the crime of interference with an election official. The bill would define “election official” as a county clerk, election commissioner, election judge, election clerk, member of a canvassing, audit, or any other election board or any person engaged in official election duties. The crime would be classified as a severity level 7, nonperson felony. The crime would not apply to an enforcement action taken by an election official against an election judge or other election official as a result of a violation of state or federal law or any rules and regulations adopted when such enforcement action is permitted by state or federal law. The Secretary of State would use existing resources to provide training and update manuals for county local election officials, update the agency’s website; update public documents and information; and work with media, political parties, candidates, law enforcement officials, and the public to ensure knowledge of the new crime contained in HB 2023. The Kansas Sentencing Commission estimates that enactment of HB 2023 could have an effect on prison admissions, bed space, and workload of the Commission; however, any fiscal effect would be negligible. The Department of Corrections indicates any fiscal effect of enactment of the bill would be negligible. The Kansas Judicial Branch indicates HB 2023 could increase the number of cases filed in the district courts because it creates a new crime. These provisions of the bill would increase time spent by district court judicial and nonjudicial personnel in processing, researching, and hearing The Honorable Pat Proctor, Chairperson Page 2—HB 2023 cases. Since the crime committed under the bill would carry a severity level 7, nonperson felony penalty there could be additional supervision of offenders. The enactment of the bill could increase the collection of docket fees, fines, and supervision fees that would be deposited into the State General Fund. The agency indicates that it is unable to estimate a fiscal effect. Any fiscal effect associated with HB 2023 is not reflected in The FY 2026 Governor’s Budget Report. The Kansas Association of Counties indicates that HB 2023 could have a fiscal effect on counties if the new crime creates more investigations and prosecutions. However, the Association is unable to estimate the fiscal effect. Sincerely, Adam C. Proffitt Director of the Budget cc: Sandy Tompkins, Office of the Secretary of State Jay Hall, Kansas Association of Counties Scott Schultz, Kansas Sentencing Commission Trisha Morrow, Judiciary Jennifer King, Department of Corrections