Session of 2025
SENATE BILL No. 258
By Committee on Federal and State Affairs
2-11
AN ACT concerning elections; 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; amending K.S.A. 25-
2438 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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, including the use of
any official seal or other insignia of the secretary of state or any county
election office in any such communication; or
(2) engaging in conduct that gives the appearance of being an election
official; or
(3) engaging in conduct that would cause another person 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. 2. K.S.A. 25-2438 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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