SENATE Substitute for HOUSE BILL No. 2056
AN ACT concerning elections; requiring a person listed on a certificate of nomination for a
minor political party to accept such nomination by a notarized declaration;
prohibiting such person from becoming a candidate for another political party;
relating to the election crime of false representation of an election official; requiring
specific intent of the offender as an element of such criminal offense; extending the
time for testing election equipment; amending K.S.A. 25-302, 25-304, 25-306 and
25-2438 and K.S.A. 2024 Supp. 25-4411 and 25-4610 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-302 is hereby amended to read as follows:
25-302. (a) Any recognized political party, except those authorized to
participate in a primary election pursuant to K.S.A. 25-202, and
amendments thereto, may by means of a delegate or mass convention
or caucus of qualified voters belonging to such party for the state or
municipality, or any lawfully organized portion of either, for which
such convention or caucus is held, nominate one person for each office
that is to be filled therein at the next ensuing election, and,. Subject to
the provisions of this act, such political party shall file a certificate of
such nominations so made. A convention or caucus for nominating
persons for national, state, district, or county offices shall be called by
the state chairperson of the party, or if there be no state chairperson by
the party's candidate for governor at the preceding general election.
Every such(b) Each certificate of nomination shall be signed by
the presiding officer and a the secretary of the convention or caucus
making such nominations. In each case The persons signing the
certificates shall add to their signatures their places include each such
person's place of residence with each such person's signature, and shall
make and subscribe an oath that, to the best of their such person's
knowledge and belief, such certificates and the statements therein made
are true; and. A certificate that such oath has been taken and
administered shall be made and signed on such certificate of
nomination by the officer before whom the same such oath was taken.
(c) A person listed on a certificate of nomination shall submit a
signed declaration stating that such person accepts the nomination of
the party submitting such certificate of nomination for the designated
office. Such declaration shall be acknowledged by an individual
authorized to perform notarial acts in this state pursuant to K.S.A. 53-
5a10, and amendments thereto. No person shall be a party's nominee
pursuant to this section until such declaration is submitted in
accordance with this act.
Sec. 2. K.S.A. 25-304 is hereby amended to read as follows: 25-
304. (a) All certificates of nomination shall be in writing, shall and
contain the name of each person nominated, with such person's
residence and the office for which such person is nominated.
(b) Party certificates of nomination issued by a party convention
or caucus pursuant to K.S.A. 25-302, and amendments thereto, by the
secretary of state pursuant to K.S.A. 25-3205, and amendments thereto,
or by a county election officer pursuant to K.S.A. 25-3110, and
amendments thereto, shall designate the political party which that the
convention, primary election or caucus making the nominations
represented.
(c) When electors for president and vice-president vice president
of the United States are nominated, the names of the candidates for
president and vice-president vice president may also be shown on the
certificates. Independent nomination petitions for presidential electors
shall contain the names of each elector and the names of the candidates
for president and vice-president vice president of the United States,
together with the residence of each elector and candidate.
(d) The provisions of this section shall not apply to city or school
elections, nor to the election of officers for which it is provided by law
to be elected at the time of city and school elections.
Sec. 3. K.S.A. 25-306 is hereby amended to read as follows: 25-
306. Unless a person declines a nomination pursuant to K.S.A. 25-
306e, and amendments thereto, withdraws from candidacy pursuant to
K.S.A. 25-306a, and amendments thereto, or withdraws from a SENATE Substitute for HOUSE BILL No. 2056—page 2
nomination pursuant to K.S.A. 25-306b, and amendments thereto:
(a) No person shall be eligible to may accept more than one
nomination for the same office.
(b) No person shall be eligible for nomination to an office
pursuant to K.S.A. 25-303 or 25-304, and amendments thereto, if such
person has filed either a declaration of intention to become a candidate
for the same office or has filed a nomination petition for the same
office (1) If a person has: (A) Received and accepted a party
nomination pursuant to K.S.A. 25-302, and amendments thereto; (B)
filed a declaration of intention to become a candidate for an office
pursuant to K.S.A. 25-206, and amendments thereto; or (C) filed a
valid nomination petition to be an independent candidate pursuant to
K.S.A. 25-303, and amendments thereto, such person shall not become
a candidate for a different political party or as an independent
candidate for office at a general election through either of the two
procedures not previously used by such person unless such person has
satisfied the provisions of paragraph (2).
(2) A person who has met one of the conditions described in
paragraph (1) shall only become a candidate for a different political
party or as an independent candidate for office at a general election
through one of the other procedures described in paragraph (1) if,
prior to the filing deadline established by K.S.A. 25-205, and
amendments thereto, such person has: (A) Declined a party nomination
pursuant to K.S.A. 25-306e, and amendments thereto; (B) withdrawn
from candidacy after nomination pursuant to K.S.A. 25-306a, and
amendments thereto; or (C) withdrawn from a nomination pursuant to
K.S.A. 25-306b, and amendments thereto.
(c) No person shall be eligible to file either a declaration of
intention to become a candidate for an office or a nomination petition
for an office if such person has accepted a nomination for the same
office pursuant to K.S.A. 25-303 or 25-304, and amendments
theretoThe provisions of this section shall be enforced by the secretary
of state for all federal and state elected offices and by the appropriate
county election officer for all county and township elected offices.
Sec. 4. K.S.A. 25-2438 is hereby amended to read as follows: 25-
2438. (a) False representation of an election official is knowingly
engaging in any of the following conduct by phone, mail, email,
website or other online activity or by any other means of
communication while not holding a position as an election official:
(1) Representing oneself as an election official; or
(2) engaging in conduct that gives the appearance of being an
election official; or
(3) engaging in conduct that would cause another person,
including, but not limited to, using an official seal or other insignia of
the secretary of state or any county election office in any
communication with voters, with the intent to cause a person to believe
a that the person engaging in such conduct is an election official.
(b) False representation of an election official is a severity level 7,
nonperson felony.
(c) As used in this section, "election official" means the secretary
of state, or any employee thereof, any county election commissioner or
county clerk, or any employee thereof, or any other person employed
by any county election office.
Sec. 5. K.S.A. 2024 Supp. 25-4411 is hereby amended to read as
follows: 25-4411. (a) The vote tabulation equipment may be located at
any place within the county approved by the county election officer.
(b) Within five 30 days prior to the date of the election, the county
election officer shall have the automatic tabulating equipment tested to
ascertain that the equipment will correctly count the votes cast for all
offices and on all questions submitted. Public notice of the time and
place of the test shall be given at least 48 hours prior thereto by
publication once in a newspaper of general circulation in the county or
city where such equipment is to be used and on the county website, if
the county has a website. The test shall be open to representatives of SENATE Substitute for HOUSE BILL No. 2056—page 3
the political parties, candidates, the press and the public. The test shall
be conducted by processing a preaudited group of ballots marked to
record a predetermined number of valid votes for each candidate and on
each measure, and shall include for each office one or more ballots
which that have votes in excess of the number allowed by law in order
to test the ability of the automatic tabulating equipment to reject such
votes. If any error is detected, the cause therefor shall be ascertained
and corrected and an errorless count shall be made before the automatic
tabulating equipment is approved. The test shall be repeated within five
business days after the completion of the canvass. The equipment,
programs and ballots shall be secured and retained by the county
election officer.
Sec. 6. K.S.A. 2024 Supp. 25-4610 is hereby amended to read as
follows: 25-4610. (a) The optical scanning equipment may be located at
any place within the county approved by the county election officer.
(b) Within five 30 days prior to the date of the election, the county
election officer shall have the optical scanning equipment tested to
ascertain that the equipment will correctly count the votes cast for all
offices and on all questions submitted. Public notice of the time and
place of the test shall be given at least 48 hours prior thereto by
publication once in a newspaper of general circulation in the county
where such equipment is to be used and on the county website, if the
county has a website. The test shall be open to representatives of the
political parties, candidates, the press and the public. The test shall be
conducted by processing a preaudited group of ballots marked as to
record a predetermined number of valid votes for each candidate and
on each question submitted, and shall include for each office one or
more ballots which that have votes in excess of the number allowed by
law in order to test the ability of the optical scanning equipment to
reject such votes. If any error is detected, the cause therefor shall be
ascertained and corrected and an errorless count shall be made before
the optical scanning equipment is approved. The test shall be repeated
within five business days after the completion of the canvass. The
programs and ballots shall be sealed, retained and disposed of in the
same manner as paper ballots. SENATE Substitute for HOUSE BILL No. 2056—page 4
Sec. 7. K.S.A. 25-302, 25-304, 25-306 and 25-2438 and K.S.A.
2024 Supp. 25-4411 and 25-4610 are hereby repealed.
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.