Kansas 2025-2026 Regular Session

Kansas House Bill HB2258 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2258
3	3	By Representative Ballard
4	4	on behalf of the League of Women Voters of Lawrence/Douglas County
5	5	2-4
6	6	AN ACT concerning elections; relating to election commissioners;
7	7	terminating the secretary of state's authority to appoint election
8	8	commissioners; transferring the jurisdiction, powers and duties for
9	9	conducting elections in those counties with an election commissioner to
10	10	the county clerk for such county; amending K.S.A. 19-3419 and
11	11	repealing the existing section.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 19-3419 is hereby amended to read as follows: 19-
14	14	3419. (a) Except as provided in subsection (b), in counties of this state
15	15	having a population exceeding 125,000, as certified to the secretary of
16	16	state by the director of the division of the budget on the previous July 1 in
17	17	accordance with K.S.A. 11-201, and amendments thereto, or as otherwise
18	18	determined pursuant to K.S.A. 11-202, and amendments thereto, there
19	19	shall be an office of commissioner of elections that shall be administered
20	20	by an election commissioner. The election commissioner shall be
21	21	appointed by the secretary of state and shall hold office for a term of four
22	22	years and until a successor is appointed and qualified. The secretary, in
23	23	consultation with the chairperson of the board of county commissioners
24	24	for the county where an election commissioner is to be appointed, shall
25	25	form a search committee to identify, interview and recommend to the
26	26	secretary at least three candidates for the position of election
27	27	commissioner. Such search committee shall include the chairperson of the
28	28	board of county commissioners for such county, or a county commissioner
29	29	for such county as designated by the chairperson, a representative of such
30	30	county's human resources department and three representatives of the
31	31	secretary of state's office. The secretary of state may remove the election
32	32	commissioner for official misconduct. Upon occurrence of a vacancy in
33	33	the office of county election commissioner, the secretary of state shall
34	34	appoint a successor. If the vacancy occurs before the expiration of a term
35	35	of office, the appointment shall be for the unexpired term. Such election
36	36	commissioner shall have been a resident of the state at least two years
37	37	prior to appointment. Within 10 days after receiving official notice of the
38	38	appointment and before entering upon the duties of the office, the election
39	39	commissioner shall take, subscribe and cause to be filed in the office of the
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74	74	35 HB 2258 2
75	75	secretary of state an oath of office for the faithful discharge of official
76	76	duties. The election commissioner shall be a resident of the county on the
77	77	day such election commissioner files the oath of office.
78	78	(b) On and after July 1, 2025, the secretary of state shall not appoint
79	79	any person to the office of county election commissioner, including the
80	80	appointment of any person to serve the unexpired term upon a vacancy in
81	81	the office of county election commissioner. Upon the vacancy in the office
82	82	of county election commissioner in any county whether by expiration of
83	83	such officer's term or otherwise, all jurisdiction, powers and duties of such
84	84	office of county election commissioner relating to the conduct, supervision
85	85	and control of elections, including, but not limited to, the registration,
86	86	qualification, challenging and voting of qualified electors at any election
87	87	in any such county, shall be transferred to the county clerk of such county.
88	88	Upon the transfer of such jurisdiction, powers and duties, the county clerk
89	89	shall conduct all elections in such county in accordance with K.S.A. 2024
90	90	Supp. 25-126, and amendments thereto. All files, books, records, papers,
91	91	documents and data pertaining to elections and necessary to the proper
92	92	administration of elections and voter registrations under the jurisdiction
93	93	and control of the office of county election commissioner shall be
94	94	transferred and delivered to the county clerk.
95	95	(c) On such date as no person holds the office of county election
96	96	commissioner in this state, the provisions of article 34 of chapter 19 of the
97	97	Kansas Statutes Annotated shall have no force and effect.
98	98	Sec. 2. K.S.A. 19-3419 is hereby repealed.
99	99	Sec. 3. This act shall take effect and be in force from and after its
100	100	publication in the statute book.
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