KS
Kansas Senate Bill SB231

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB231 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 231
33 By Committee on Federal and State Affairs
44 2-6
55 AN ACT concerning elections; relating to advance voting ballot
66 applications; modifying the requirements for soliciting registered voters
77 to submit such applications; amending K.S.A. 2024 Supp. 25-1122 and
88 repealing the existing section.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 2024 Supp. 25-1122 is hereby amended to read as
1111 follows: 25-1122. (a) Any registered voter may file with the county
1212 election officer where such person is a resident, or where such person is
1313 authorized by law to vote as a former precinct resident, an application for
1414 an advance voting ballot. The signed application shall be transmitted only
1515 to the county election officer by personal delivery, mail, facsimile or as
1616 otherwise provided by law.
1717 (b) If the registered voter is applying for an advance voting ballot to
1818 be transmitted in person, the voter shall provide identification pursuant to
1919 K.S.A. 25-2908, and amendments thereto.
2020 (c) If the registered voter is applying for an advance voting ballot to
2121 be transmitted by mail, the voter shall provide with the application for an
2222 advance voting ballot the voter's current and valid Kansas driver's license
2323 number, nondriver's identification card number or a photocopy of any
2424 other identification provided by K.S.A. 25-2908, and amendments thereto.
2525 (d) A voter may vote a provisional ballot according to K.S.A. 25-409,
2626 and amendments thereto, if:
2727 (1) The voter is unable or refuses to provide current and valid
2828 identification; or
2929 (2) the name and address of the voter provided on the application for
3030 an advance voting ballot do not match the voter's name and address on the
3131 registration book. The voter shall provide a valid form of identification as
3232 defined in K.S.A. 25-2908, and amendments thereto, to the county election
3333 officer in person or provide a copy by mail or electronic means before the
3434 meeting of the county board of canvassers. At the meeting of the county
3535 board of canvassers the county election officer shall present copies of
3636 identification received from provisional voters and the corresponding
3737 provisional ballots. If the county board of canvassers determines that a
3838 voter's identification is valid and the provisional ballot was properly cast,
3939 the ballot shall be counted.
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7676 (e) No county election officer shall provide an advance voting ballot
7777 to a person who is requesting an advance voting ballot to be transmitted by
7878 mail unless:
7979 (1) The county election official verifies that the signature of the
8080 person matches that on file in the county voter registration records, except
8181 that verification of the voter's signature shall not be required if a voter has
8282 a disability preventing the voter from signing. Signature verification may
8383 occur by electronic device or by human inspection. In the event that the
8484 signature of a person who is requesting an advance voting ballot does not
8585 match that on file, the county election officer shall attempt to contact the
8686 person and shall offer the person another opportunity to provide the
8787 person's signature for the purposes of verifying the person's identity. If the
8888 county election officer is unable to reach the person, the county election
8989 officer may transmit a provisional ballot, however, such provisional ballot
9090 may not be counted unless a signature is included therewith that can be
9191 verified; and
9292 (2) the person provides such person's full Kansas driver's license
9393 number, Kansas nondriver's identification card number issued by the
9494 division of vehicles, or submits such person's application for an advance
9595 voting ballot and a copy of identification provided by K.S.A. 25-2908, and
9696 amendments thereto, to the county election officer for verification. If a
9797 person applies for an advance voting ballot to be transmitted by mail but
9898 fails to provide identification pursuant to this subsection or the
9999 identification of the person cannot be verified by the county election
100100 officer, the county election officer shall provide information to the person
101101 regarding the voter rights provisions of subsection (d) and shall provide
102102 the person an opportunity to provide identification pursuant to this
103103 subsection. For the purposes of this act, Kansas state offices and offices of
104104 any subdivision of the state will allow any person seeking to vote by an
105105 advance voting ballot the use of a photocopying device to make one
106106 photocopy of an identification document at no cost.
107107 (f) (1) Applications for advance voting ballots to be transmitted to the
108108 voter by mail shall be filed only at the following times:
109109 (A) For the primary election occurring on the first Tuesday in August
110110 in both even-numbered and odd-numbered years, between April 1 of such
111111 year and the Tuesday of the week preceding such primary election;
112112 (B) for the general election occurring on the Tuesday following the
113113 first Monday in November in both even-numbered and odd-numbered
114114 years, between 90 days prior to such election and the Tuesday of the week
115115 preceding such general election;
116116 (C) for the presidential preference primary election held pursuant to
117117 K.S.A. 25-4501a, and amendments thereto, between January 1 of the year
118118 in which such election is held and 30 days prior to the day of such
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162162 election;
163163 (D) for question submitted elections occurring on the date of a
164164 primary or general election, the same as is provided for ballots for election
165165 of officers at such election;
166166 (E) for question submitted elections not occurring on the date of a
167167 primary or general election, between the time of the first published notice
168168 thereof and the Tuesday of the week preceding such question submitted
169169 election, except that if the question submitted election is held on a day
170170 other than a Tuesday, the final date for mailing of advance voting ballots
171171 shall be one week before such election; and
172172 (F) for any special election of officers, at such time as is specified by
173173 the secretary of state.
174174 (2) The county election officer of any county may receive
175175 applications prior to the time specified in this subsection and hold such
176176 applications until the beginning of the prescribed application period. Such
177177 applications shall be treated as filed on that date.
178178 (g) (1) Unless an earlier date is designated by the county election
179179 office, applications for advance voting ballots transmitted to the voter in
180180 person shall be filed on the Tuesday next preceding the election and on
181181 each subsequent business day until no later than 12* noon on the day
182182 preceding such election. If the county election officer so provides,
183183 applications for advance voting ballots transmitted to the voter in person in
184184 the office of the county election officer also may be filed on the Saturday
185185 preceding the election. Upon receipt of any such properly executed
186186 application, the county election officer shall deliver to the voter such
187187 ballots and instructions as are provided for in this act.
188188 (2) An application for an advance voting ballot filed by a voter who
189189 has a temporary illness or disability or who is not proficient in reading the
190190 English language or by a person rendering assistance to such voter may be
191191 filed during the regular advance ballot application periods until the close
192192 of the polls on election day.
193193 (3) The county election officer may designate places other than the
194194 central county election office as satellite advance voting sites. At any
195195 satellite advance voting site, a registered voter may obtain an application
196196 for advance voting ballots. Ballots and instructions shall be delivered to
197197 the voter in the same manner and subject to the same limitations as
198198 otherwise provided by this subsection.
199199 (h) Any person having a permanent disability or an illness that has
200200 been diagnosed as a permanent illness is hereby authorized to make an
201201 application for permanent advance voting status. Applications for
202202 permanent advance voting status shall be in the form and contain such
203203 information as is required for application for advance voting ballots and
204204 also shall contain information that establishes the voter's right to
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248248 permanent advance voting status.
249249 (i) On receipt of any application filed under the provisions of this
250250 section, the county election officer shall prepare and maintain in such
251251 officer's office a list of the names of all persons who have filed such
252252 applications, together with their correct post office address and the
253253 precinct, ward, township or voting area in which the persons claim to be
254254 registered voters or to be authorized by law to vote as former precinct
255255 residents and the present resident address of each applicant. Names and
256256 addresses shall remain so listed until the day of such election. The county
257257 election officer shall maintain a separate listing of the names and addresses
258258 of persons qualifying for permanent advance voting status. All such lists
259259 shall be available for inspection upon request in compliance with this
260260 subsection by any registered voter during regular business hours. The
261261 county election officer upon receipt of the applications shall enter upon a
262262 record kept by such officer the name and address of each applicant, which
263263 record shall conform to the list above required. Before inspection of any
264264 advance voting ballot application list, the person desiring to make the
265265 inspection shall provide to the county election officer identification in the
266266 form of driver's license or other reliable identification and shall sign a log
267267 book or application form maintained by the officer stating the person's
268268 name and address and showing the date and time of inspection. All records
269269 made by the county election officer shall be subject to public inspection,
270270 except that the voter identification information required by subsections (b)
271271 and (c) and the identifying number on ballots and ballot envelopes and
272272 records of such numbers shall not be made public.
273273 (j) If a person on the permanent advance voting list fails to vote in
274274 four consecutive general elections, the county election officer may mail a
275275 notice to such voter. The notice shall inform the voter that the voter's name
276276 will be removed from the permanent advance voting list unless the voter
277277 renews the application for permanent advance voting status within 30 days
278278 after the notice is mailed. If the voter fails to renew such application, the
279279 county election officer shall remove the voter's name from the permanent
280280 advance voting list. Failure to renew the application for permanent
281281 advance voting status shall not result in removal of the voter's name from
282282 the voter registration list.
283283 (k) (1) Any person who solicits by mail a registered voter to file an
284284 application for an advance voting ballot and includes an application for an
285285 advance voting ballot in such mailing shall include on the exterior of such
286286 mailing, and on each a page contained therein, except the application, in
287287 such mailing a clear and conspicuous label in 14-point 10-point font or
288288 larger that includes:
289289 (A) The name of the individual or organization that caused such
290290 solicitation to be mailed;
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334334 (B) if an organization, the name of the president, chief executive
335335 officer or executive director of such organization;
336336 (C) the address of such individual or organization; and
337337 (D)(C) the following statement: "Disclosure: This is not a
338338 government mailing. It is from a private individual or organization."
339339 (2) The application for an advance voting ballot included in such
340340 mailing shall be the official application for advance ballot by mail
341341 provided by the secretary of state or the appropriate county election office.
342342 No portion of such application shall be completed prior to mailing such
343343 application to the registered voter, except that the date of the election may
344344 be printed on the application.
345345 (3) An application for an advance voting ballot shall include an
346346 envelope addressed to the appropriate county election office for the
347347 mailing of such application information on how to mail such application
348348 to the appropriate county election office. In no case shall the person who
349349 mails the application to the voter direct that the completed application be
350350 returned to such person.
351351 (4) The provisions of this subsection shall not apply to:
352352 (A) The secretary of state or any election official or county election
353353 office; or
354354 (B) the official protection and advocacy for voting access agency for
355355 this state as designated pursuant to the federal help America vote act of
356356 2002, public law 107-252, or any other entity required to provide
357357 information concerning elections and voting procedures by federal law.
358358 (5) A violation of this subsection is a class C nonperson
359359 misdemeanor.
360360 (l) (1) No person shall mail or cause to be mailed an application for
361361 an advance voting ballot, unless such person is a resident of this state or is
362362 otherwise domiciled in this state.
363363 (2) Any individual may file a complaint in writing with the attorney
364364 general alleging a violation of this subsection. Such complaint shall
365365 include the name of the person alleged to have violated this subsection and
366366 any other information as required by the attorney general. Upon receipt of
367367 a complaint, the attorney general shall investigate and may file an action
368368 against any person found to have violated this subsection.
369369 (3) Any person who violates the provisions of this subsection is
370370 subject to a civil penalty of $20. Each instance in which a person mails an
371371 application for an advance voting ballot in violation of this section shall
372372 constitute a separate violation.
373373 (m) A county election officer shall not mail a ballot to a voter unless
374374 such voter has submitted an application for an advance voting ballot,
375375 except that a ballot may be mailed to a voter if such voter has permanent
376376 advance voting ballot status pursuant to subsection (h) or if the election is
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420420 conducted pursuant to the mail ballot election act, K.S.A. 25-431 et seq.,
421421 and amendments thereto.
422422 (n) The secretary of state may adopt rules and regulations in order to
423423 implement the provisions of this section and to define valid forms of
424424 identification.
425425 Sec. 2. K.S.A. 2024 Supp. 25-1122 is hereby repealed.
426426 Sec. 3. This act shall take effect and be in force from and after its
427427 publication in the statute book.
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