KS
Kansas House Bill HB2056

Kansas 2025-2026 Regular Session

Kansas House Bill HB2056 Compare Versions

OldNewDifferences
1-SENATE Substitute for HOUSE BILL No. 2056
2-AN ACT concerning elections; requiring a person listed on a certificate of nomination for a
3-minor political party to accept such nomination by a notarized declaration;
4-prohibiting such person from becoming a candidate for another political party;
5-relating to the election crime of false representation of an election official; requiring
6-specific intent of the offender as an element of such criminal offense; extending the
7-time for testing election equipment; amending K.S.A. 25-302, 25-304, 25-306 and
8-25-2438 and K.S.A. 2024 Supp. 25-4411 and 25-4610 and repealing the existing
9-sections.
1+Session of 2025
2+HOUSE BILL No. 2056
3+By Committee on Elections
4+Requested by Clay Barker on behalf of the Secretary of State
5+1-22
6+AN ACT concerning elections; relating to nominations for elected office;
7+specifying the procedures for accepting a nomination for an elected
8+office based on the form of nomination used; imposing restrictions on
9+using multiple nomination procedures; amending K.S.A. 25-302, 25-
10+304 and 25-306 and repealing the existing sections.
1011 Be it enacted by the Legislature of the State of Kansas:
11-Section 1. K.S.A. 25-302 is hereby amended to read as follows:
12-25-302. (a) Any recognized political party, except those authorized to
12+Section 1. K.S.A. 25-302 is hereby amended to read as follows: 25-
13+302. (a) Any recognized political party, except those authorized to
1314 participate in a primary election pursuant to K.S.A. 25-202, and
14-amendments thereto, may by means of a delegate or mass convention
15-or caucus of qualified voters belonging to such party for the state or
16-municipality, or any lawfully organized portion of either, for which
17-such convention or caucus is held, nominate one person for each office
18-that is to be filled therein at the next ensuing election, and,. Subject to
19-the provisions of this act, such political party shall file a certificate of
20-such nominations so made. A convention or caucus for nominating
21-persons for national, state, district, or county offices shall be called by
22-the state chairperson of the party, or if there be no state chairperson by
23-the party's candidate for governor at the preceding general election.
24-Every such(b) Each certificate of nomination shall be signed by
25-the presiding officer and a the secretary of the convention or caucus
26-making such nominations. In each case The persons signing the
27-certificates shall add to their signatures their places include each such
28-person's place of residence with each such person's signature, and shall
29-make and subscribe an oath that, to the best of their such person's
30-knowledge and belief, such certificates and the statements therein made
31-are true; and. A certificate that such oath has been taken and
32-administered shall be made and signed on such certificate of
33-nomination by the officer before whom the same such oath was taken.
15+amendments thereto, may by means of a delegate or mass convention or
16+caucus of qualified voters belonging to such party for the state or
17+municipality, or any lawfully organized portion of either, for which such
18+convention or caucus is held, nominate one person for each office that is to
19+be filled therein at the next ensuing election, and,. Subject to the
20+provisions of this act, such political party shall file a certificate of such
21+nominations so made. A convention or caucus for nominating persons for
22+national, state, district, or county offices shall be called by the state
23+chairperson of the party, or if there be no state chairperson by the party's
24+candidate for governor at the preceding general election.
25+Every such(b) Each certificate of nomination shall be signed by the
26+presiding officer and a the secretary of the convention or caucus making
27+such nominations. In each case The persons signing the certificates shall
28+add to their signatures their places include each such person's place of
29+residence with each such person's signature, and shall make and subscribe
30+an oath that, to the best of their such person's knowledge and belief, such
31+certificates and the statements therein made are true; and. A certificate that
32+such oath has been taken and administered shall be made and signed on
33+such certificate of nomination by the officer before whom the same such
34+oath was taken.
3435 (c) A person listed on a certificate of nomination shall submit a
35-signed declaration stating that such person accepts the nomination of
36-the party submitting such certificate of nomination for the designated
37-office. Such declaration shall be acknowledged by an individual
38-authorized to perform notarial acts in this state pursuant to K.S.A. 53-
39-5a10, and amendments thereto. No person shall be a party's nominee
40-pursuant to this section until such declaration is submitted in
41-accordance with this act.
42-Sec. 2. K.S.A. 25-304 is hereby amended to read as follows: 25-
43-304. (a) All certificates of nomination shall be in writing, shall and
44-contain the name of each person nominated, with such person's
45-residence and the office for which such person is nominated.
46-(b) Party certificates of nomination issued by a party convention
47-or caucus pursuant to K.S.A. 25-302, and amendments thereto, by the
48-secretary of state pursuant to K.S.A. 25-3205, and amendments thereto,
49-or by a county election officer pursuant to K.S.A. 25-3110, and
50-amendments thereto, shall designate the political party which that the
51-convention, primary election or caucus making the nominations
52-represented.
53-(c) When electors for president and vice-president vice president
54-of the United States are nominated, the names of the candidates for
55-president and vice-president vice president may also be shown on the
56-certificates. Independent nomination petitions for presidential electors
57-shall contain the names of each elector and the names of the candidates
58-for president and vice-president vice president of the United States,
59-together with the residence of each elector and candidate.
36+signed declaration stating that such person accepts the nomination of the
37+party submitting such certificate of nomination for the designated office.
38+Such declaration shall be acknowledged by an individual authorized to
39+perform notarial acts in this state pursuant to K.S.A. 53-5a10, and
40+1
41+2
42+3
43+4
44+5
45+6
46+7
47+8
48+9
49+10
50+11
51+12
52+13
53+14
54+15
55+16
56+17
57+18
58+19
59+20
60+21
61+22
62+23
63+24
64+25
65+26
66+27
67+28
68+29
69+30
70+31
71+32
72+33
73+34
74+35 HB 2056 2
75+amendments thereto. No person shall be a party's nominee pursuant to this
76+section until such declaration is submitted in accordance with this act.
77+Sec. 2. K.S.A. 25-304 is hereby amended to read as follows: 25-304.
78+(a) All certificates of nomination shall be in writing, shall and contain the
79+name of each person nominated, with such person's residence and the
80+office for which such person is nominated.
81+(b) Party certificates of nomination issued by a party convention or
82+caucus pursuant to K.S.A. 25-302, and amendments thereto, by the
83+secretary of state pursuant to K.S.A. 25-3205, and amendments thereto, or
84+by a county election officer pursuant to K.S.A. 25-3110, and amendments
85+thereto, shall designate the political party which that the convention,
86+primary election or caucus making the nominations represented.
87+(c) When electors for president and vice-president vice president of
88+the United States are nominated, the names of the candidates for president
89+and vice-president vice president may also be shown on the certificates.
90+Independent nomination petitions for presidential electors shall contain the
91+names of each elector and the names of the candidates for president and
92+vice-president vice president of the United States, together with the
93+residence of each elector and candidate.
6094 (d) The provisions of this section shall not apply to city or school
61-elections, nor to the election of officers for which it is provided by law
62-to be elected at the time of city and school elections.
63-Sec. 3. K.S.A. 25-306 is hereby amended to read as follows: 25-
64-306. Unless a person declines a nomination pursuant to K.S.A. 25-
65-306e, and amendments thereto, withdraws from candidacy pursuant to
66-K.S.A. 25-306a, and amendments thereto, or withdraws from a SENATE Substitute for HOUSE BILL No. 2056—page 2
67-nomination pursuant to K.S.A. 25-306b, and amendments thereto:
68-(a) No person shall be eligible to may accept more than one
69-nomination for the same office.
70-(b) No person shall be eligible for nomination to an office
71-pursuant to K.S.A. 25-303 or 25-304, and amendments thereto, if such
72-person has filed either a declaration of intention to become a candidate
73-for the same office or has filed a nomination petition for the same
74-office (1) If a person has: (A) Received and accepted a party
75-nomination pursuant to K.S.A. 25-302, and amendments thereto; (B)
76-filed a declaration of intention to become a candidate for an office
77-pursuant to K.S.A. 25-206, and amendments thereto; or (C) filed a
78-valid nomination petition to be an independent candidate pursuant to
79-K.S.A. 25-303, and amendments thereto, such person shall not become
80-a candidate for a different political party or as an independent
81-candidate for office at a general election through either of the two
82-procedures not previously used by such person unless such person has
95+elections, nor to the election of officers for which it is provided by law to
96+be elected at the time of city and school elections.
97+Sec. 3. K.S.A. 25-306 is hereby amended to read as follows: 25-306.
98+Unless a person declines a nomination pursuant to K.S.A. 25-306e, and
99+amendments thereto, withdraws from candidacy pursuant to K.S.A. 25-
100+306a, and amendments thereto, or withdraws from a nomination pursuant
101+to K.S.A. 25-306b, and amendments thereto:
102+(a) No person shall be eligible to may accept more than one nomination
103+for the same office.
104+(b) No person shall be eligible for nomination to an office pursuant to
105+K.S.A. 25-303 or 25-304, and amendments thereto, if such person has filed
106+either a declaration of intention to become a candidate for the same office
107+or has filed a nomination petition for the same office (1) If a person has:
108+(A) Received and accepted a party nomination pursuant to K.S.A. 25-302,
109+and amendments thereto; (B) filed a declaration of intention to become a
110+candidate for an office pursuant to K.S.A. 25-206, and amendments
111+thereto; or (C) filed a valid nomination petition to be an independent
112+candidate pursuant to K.S.A. 25-303, and amendments thereto, such
113+person shall not become a candidate for a different political party or as an
114+independent candidate for office at a general election through either of the
115+two procedures not previously used by such person unless such person has
83116 satisfied the provisions of paragraph (2).
84117 (2) A person who has met one of the conditions described in
85-paragraph (1) shall only become a candidate for a different political
86-party or as an independent candidate for office at a general election
87-through one of the other procedures described in paragraph (1) if,
88-prior to the filing deadline established by K.S.A. 25-205, and
89-amendments thereto, such person has: (A) Declined a party nomination
90-pursuant to K.S.A. 25-306e, and amendments thereto; (B) withdrawn
91-from candidacy after nomination pursuant to K.S.A. 25-306a, and
92-amendments thereto; or (C) withdrawn from a nomination pursuant to
93-K.S.A. 25-306b, and amendments thereto.
94-(c) No person shall be eligible to file either a declaration of
95-intention to become a candidate for an office or a nomination petition
96-for an office if such person has accepted a nomination for the same
97-office pursuant to K.S.A. 25-303 or 25-304, and amendments
98-theretoThe provisions of this section shall be enforced by the secretary
99-of state for all federal and state elected offices and by the appropriate
100-county election officer for all county and township elected offices.
101-Sec. 4. K.S.A. 25-2438 is hereby amended to read as follows: 25-
102-2438. (a) False representation of an election official is knowingly
103-engaging in any of the following conduct by phone, mail, email,
104-website or other online activity or by any other means of
105-communication while not holding a position as an election official:
106-(1) Representing oneself as an election official; or
107-(2) engaging in conduct that gives the appearance of being an
108-election official; or
109-(3) engaging in conduct that would cause another person,
110-including, but not limited to, using an official seal or other insignia of
111-the secretary of state or any county election office in any
112-communication with voters, with the intent to cause a person to believe
113-a that the person engaging in such conduct is an election official.
114-(b) False representation of an election official is a severity level 7,
115-nonperson felony.
116-(c) As used in this section, "election official" means the secretary
117-of state, or any employee thereof, any county election commissioner or
118-county clerk, or any employee thereof, or any other person employed
119-by any county election office.
120-Sec. 5. K.S.A. 2024 Supp. 25-4411 is hereby amended to read as
121-follows: 25-4411. (a) The vote tabulation equipment may be located at
122-any place within the county approved by the county election officer.
123-(b) Within five 30 days prior to the date of the election, the county
124-election officer shall have the automatic tabulating equipment tested to
125-ascertain that the equipment will correctly count the votes cast for all
126-offices and on all questions submitted. Public notice of the time and
127-place of the test shall be given at least 48 hours prior thereto by
128-publication once in a newspaper of general circulation in the county or
129-city where such equipment is to be used and on the county website, if
130-the county has a website. The test shall be open to representatives of SENATE Substitute for HOUSE BILL No. 2056—page 3
131-the political parties, candidates, the press and the public. The test shall
132-be conducted by processing a preaudited group of ballots marked to
133-record a predetermined number of valid votes for each candidate and on
134-each measure, and shall include for each office one or more ballots
135-which that have votes in excess of the number allowed by law in order
136-to test the ability of the automatic tabulating equipment to reject such
137-votes. If any error is detected, the cause therefor shall be ascertained
138-and corrected and an errorless count shall be made before the automatic
139-tabulating equipment is approved. The test shall be repeated within five
140-business days after the completion of the canvass. The equipment,
141-programs and ballots shall be secured and retained by the county
142-election officer.
143-Sec. 6. K.S.A. 2024 Supp. 25-4610 is hereby amended to read as
144-follows: 25-4610. (a) The optical scanning equipment may be located at
145-any place within the county approved by the county election officer.
146-(b) Within five 30 days prior to the date of the election, the county
147-election officer shall have the optical scanning equipment tested to
148-ascertain that the equipment will correctly count the votes cast for all
149-offices and on all questions submitted. Public notice of the time and
150-place of the test shall be given at least 48 hours prior thereto by
151-publication once in a newspaper of general circulation in the county
152-where such equipment is to be used and on the county website, if the
153-county has a website. The test shall be open to representatives of the
154-political parties, candidates, the press and the public. The test shall be
155-conducted by processing a preaudited group of ballots marked as to
156-record a predetermined number of valid votes for each candidate and
157-on each question submitted, and shall include for each office one or
158-more ballots which that have votes in excess of the number allowed by
159-law in order to test the ability of the optical scanning equipment to
160-reject such votes. If any error is detected, the cause therefor shall be
161-ascertained and corrected and an errorless count shall be made before
162-the optical scanning equipment is approved. The test shall be repeated
163-within five business days after the completion of the canvass. The
164-programs and ballots shall be sealed, retained and disposed of in the
165-same manner as paper ballots. SENATE Substitute for HOUSE BILL No. 2056—page 4
166-Sec. 7. K.S.A. 25-302, 25-304, 25-306 and 25-2438 and K.S.A.
167-2024 Supp. 25-4411 and 25-4610 are hereby repealed.
168-Sec. 8. This act shall take effect and be in force from and after its
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 2056 3
161+paragraph (1) shall only become a candidate for a different political party
162+or as an independent candidate for office at a general election through
163+one of the other procedures described in paragraph (1) if, prior to the
164+filing deadline established by K.S.A. 25-205, and amendments thereto,
165+such person has: (A) Declined a party nomination pursuant to K.S.A. 25-
166+306e, and amendments thereto; (B) withdrawn from candidacy after
167+nomination pursuant to K.S.A. 25-306a, and amendments thereto; or (C)
168+withdrawn from a nomination pursuant to K.S.A. 25-306b, and
169+amendments thereto.
170+(c) No person shall be eligible to file either a declaration of intention
171+to become a candidate for an office or a nomination petition for an office if
172+such person has accepted a nomination for the same office pursuant to
173+K.S.A. 25-303 or 25-304, and amendments theretoThe provisions of this
174+section shall be enforced by the secretary of state for all federal and state
175+elected offices and by the appropriate county election officer for all county
176+and township elected offices.
177+Sec. 4. K.S.A. 25-302, 25-304 and 25-306 are hereby repealed.
178+Sec. 5. This act shall take effect and be in force from and after its
169179 publication in the statute book.
170-I hereby certify that the above BILL originated in the HOUSE, and was
171-adopted by that body
172-
173-HOUSE adopted
174-Conference Committee Report
175-
176-Speaker of the House.
177-
178-Chief Clerk of the House.
179-Passed the SENATE
180- as amended
181-SENATE adopted
182-Conference Committee Report
183-
184-President of the Senate.
185-
186-Secretary of the Senate.
187-APPROVED
188-
189-
190-Governor.
180+1
181+2
182+3
183+4
184+5
185+6
186+7
187+8
188+9
189+10
190+11
191+12
192+13
193+14
194+15
195+16
196+17
197+18
198+19