| 1 | 1 | | Session of 2025 |
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| 2 | 2 | | SENATE BILL No. 258 |
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| 3 | 3 | | By Committee on Federal and State Affairs |
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| 4 | 4 | | 2-11 |
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| 5 | 5 | | AN ACT concerning elections; relating to the election crime of false |
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| 6 | 6 | | representation of an election official; requiring specific intent of the |
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| 7 | 7 | | offender as an element of such criminal offense; amending K.S.A. 25- |
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| 8 | 8 | | 2438 and repealing the existing section. |
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| 9 | 9 | | Be it enacted by the Legislature of the State of Kansas: |
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| 10 | 10 | | Section 1. K.S.A. 25-2438 is hereby amended to read as follows: 25- |
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| 11 | 11 | | 2438. (a) False representation of an election official is knowingly engaging |
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| 12 | 12 | | in any of the following conduct by phone, mail, email, website or other |
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| 13 | 13 | | online activity or by any other means of communication while not holding |
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| 14 | 14 | | a position as an election official: |
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| 15 | 15 | | (1) Representing oneself as an election official, including the use of |
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| 16 | 16 | | any official seal or other insignia of the secretary of state or any county |
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| 17 | 17 | | election office in any such communication; or |
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| 18 | 18 | | (2) engaging in conduct that gives the appearance of being an election |
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| 19 | 19 | | official; or |
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| 20 | 20 | | (3) engaging in conduct that would cause another person with the |
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| 21 | 21 | | intent to cause a person to believe a that the person engaging in such |
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| 22 | 22 | | conduct is an election official. |
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| 23 | 23 | | (b) False representation of an election official is a severity level 7, |
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| 24 | 24 | | nonperson felony. |
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| 25 | 25 | | (c) As used in this section, "election official" means the secretary of |
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| 26 | 26 | | state, or any employee thereof, any county election commissioner or |
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| 27 | 27 | | county clerk, or any employee thereof, or any other person employed by |
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| 28 | 28 | | any county election office. |
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| 29 | 29 | | Sec. 2. K.S.A. 25-2438 is hereby repealed. |
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| 30 | 30 | | Sec. 3. This act shall take effect and be in force from and after its |
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| 31 | 31 | | publication in the statute book. |
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