Kansas Statutes

Chapter 25: Elections

Article 12: Absentee Voting; Federal Services And Sick And Disabled

Statutes:

• 25-1201:
• 25-1202:
• 25-1203 to 25-1206:
• 25-1207:
• 25-1208 to 25-1210:
• 25-1211:
• 25-1212:
• 25-1213:
• 25-1214: Definitions.
• 25-1215: Federal services absentee voting; who may vote.
• 25-1216: Same; application for ballots; application for registration and ballot by facsimile; transmission of voted ballot by facsimile.
• 25-1217: Same; transmission of applications; listing for public inspection.
• 25-1218: Same; form of ballots; write-in lines, when.
• 25-1219: Same; ballot envelopes; instructions to voters; affidavit on envelope.
• 25-1220: Same; transmission of ballots, envelopes and instructions to voters.
• 25-1221: Same; casting ballot; signature; canvass by special election boards.
• 25-1222: Canvass of votes.
• 25-1223: Chief state election official, duties; election officials and county officers to act for secretary of state.
• 25-1224: Voting under other state laws permitted.
• 25-1225: Rules and regulations.
• 25-1226: Purpose of act.
• 25-1227: Certain provisions of penal law to apply.
• 25-1228: Act to be liberally construed.
• 25-1229:
• 25-1230:
• 25-1230a:
• 25-1230b:
• 25-1231:
• 25-1232:
• 25-1233:
• 25-1234, 25-1235:

• 25-1201:

        History:   G.S. 1868, ch. 36, § 45; R.S. 1923, 25-1201; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1202:

        History:   R.S. 1923, 25-1202; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1203 to 25-1206:

        History:   G.S. 1868, ch. 36, §§ 47 to 50; R.S. 1923, 25-1203 to 25-1206; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1207:

        History:   G.S. 1868, ch. 36, § 51; R.S. 1923, 25-1207; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1208 to 25-1210:

        History:   G.S. 1868, ch. 36, §§ 52 to 54; R.S. 1923, 25-1208 to 25-1210; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1211:

        History:   G.S. 1868, ch. 36, § 55; R.S. 1923, 25-1211; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1212:

        History:   G.S. 1868, ch. 36, § 56; R.S. 1923, 25-1212; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1213:

        History:   R.S. 1923, 25-1213; Repealed, L. 1967, ch. 208, § 19; July 1.

• 25-1214: Definitions. As used in this act: (a) "Federal act" means the uniformed and overseas citizens absentee voting act (42 U.S.C. 1973ff et seq.).

        (b)   "Persons in federal services" means: (1) Members of the armed forces of the United States, while in the active service, and their spouses and dependents; (2) members of the merchant marine of the United States and their spouses and dependents; and (3) citizens of the United States residing outside the territorial limits of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them.

        Persons in federal service does not include any person who has failed to respond to a selective service call as certified by the local draft board to the county election officer or who is a deserter from any United States military service.

        History:   L. 1943, ch. 160, § 1; L. 1953, ch. 197, § 1; L. 1955, ch. 209, § 1; L. 1957, ch. 232, § 1; L. 1969, ch. 189, § 1; L. 1972, ch. 135, § 1; L. 1976, ch. 182, § 2; L. 1989, ch. 108, § 1; July 1.

• 25-1215: Federal services absentee voting; who may vote. Every person in federal services who is eligible to register for and is qualified to vote at any general election under the laws of this state and who is absent from his place of residence in this state shall be entitled, as provided in this act, to vote by federal services absentee ballot at any primary or general election held in his election district or precinct, notwithstanding any provision of law relating to the registration of qualified voters.

        History:   L. 1943, ch. 160, § 2; L. 1953, ch. 197; § 2; L. 1955, ch. 209, § 2; L. 1957, ch. 232, § 2; L. 1972, ch. 135, § 2; July 1.

• 25-1216: Same; application for ballots; application for registration and ballot by facsimile; transmission of voted ballot by facsimile. (a) Every person who is qualified and eligible to vote by federal services absentee ballot under the provisions of this act may make application for such ballot to the county election officer of the county of such voter's residence or to the secretary of state. Such application shall be made by postcard application provided for and prescribed in the federal act or on a form to be prescribed by the secretary of state. Any such application shall be valid for any election at which such voter otherwise is entitled to vote between the date of the application through the next two regularly scheduled general elections for national or state office.

        (b)   If the voter is residing outside the United States or is a member of the United States armed forces or a spouse or dependent of a member of the armed forces and a qualified elector and cannot vote timely by mail, the voter may apply for registration and an absentee ballot by facsimile. The voter may also request that the county election officer transmit to such voter by facsimile a ballot, or a second ballot, as the case may be. The voter may then either mail or transmit by facsimile such voter's voted ballot, back to the county election officer.

        If the voter chooses to transmit the voted ballot to the county election officer by facsimile, the transmittal shall contain the following statement: "I understand that by faxing my voted ballot I am voluntarily waiving my right to a secret ballot." This statement shall be followed by the voter's signature and the date. Upon receipt of the transmittal, the county election officer shall place the voted ballot along with the signed statement and affidavit in an appropriately marked envelope and seal it. The county election officer and such officer's staff shall take the steps necessary to keep the voted ballots received by facsimile as confidential as practicable.

        History:   L. 1943, ch. 160, § 3; L. 1953, ch. 197, § 3; L. 1955, ch. 209, § 3; L. 1957, ch. 232, § 3; L. 1972, ch. 135, § 3; L. 1989, ch. 108, § 2; L. 1994, ch. 148, § 1; L. 2004, ch. 25, § 7; July 1.

• 25-1217: Same; transmission of applications; listing for public inspection. (a) The secretary of state, upon receipt of postcard applications specified in K.S.A. 25-1216, and amendments thereto, shall, from time to time, cause such applications to be transmitted to the county election officers of the respective counties in which such applicants reside.

        (b)   The county election officer of each county shall prepare a statement showing the names and residence addresses of all applicants for federal services ballots. Such statement shall separately list such names and addresses according to each election precinct and shall be open to public inspection at the office of said county election officer not later than two weeks prior to the holding of the election. Such statement shall be added to from time to time as additional applications are received by the county election officer.

        History:   L. 1943, ch. 160, § 4; L. 1972, ch. 135, § 4; July 1.

• 25-1218: Same; form of ballots; write-in lines, when. (a) The secretary of state shall prescribe the form of official federal services absentee ballots. Such ballots shall provide for voting for all officers, other than precinct committeeman and committeewoman, for whom the voter would otherwise be entitled to vote and shall also provide for voting on any proposed amendment to the constitution of the state of Kansas and any other proposition or question which is to be submitted to a vote of the qualified electors of the state at large. Such ballots shall be uniform in size and in style of type, and the type and paper shall conform generally to that used for the regular official ballots. The respective county election officers shall cause to be prepared and printed such numbers of ballots as may be appropriate for carrying out the provisions of this act.

        (b)   Such ballots shall contain the title of each office to be voted for, followed by the name and address of each nominated candidate for each office, the party or independent body nominating such candidate, a designation of the political subdivision to be represented, and a blank space for writing in the name of any other person for whom the voter desires to vote, except that no such blank space shall be printed on the primary ballot following the title of any office for which there is a candidate.

        History:   L. 1943, ch. 160, § 5; L. 1953, ch. 197, § 4; L. 1955, ch. 209, § 4; L. 1957, ch. 232, § 4; L. 1972, ch. 135, § 5; L. 1976, ch. 182, § 3; April 16.

• 25-1219: Same; ballot envelopes; instructions to voters; affidavit on envelope. (a) The secretary of state shall cause to be prepared, printed, and transmitted to the county election officers an appropriate number of official envelopes for use in connection with such official federal services absentee ballots, including envelopes for mailing ballots to applicants therefor, and envelopes for the return of such ballots by the voters, which shall conform and be subject to the provisions of the federal act referred to in K.S.A. 25-1214, as amended.

        (b)   The secretary of state shall prescribe and furnish to the county election officers the form for printed instructions to voters of federal services absentee ballots, and the form for ballot envelopes and the affidavit which shall be printed upon the ballot envelopes. Such affidavit shall state the place of residence of the voter, his post office or mailing address at the time of election, that he has not voted by any other form of absentee ballot at such election, that he personally has marked the ballot, placed it in the ballot envelope and sealed the envelope, and that no other person placed any mark upon said ballot.

        History:   L. 1943, ch. 160, § 6; L. 1953, ch. 197, § 5; L. 1955, ch. 209, § 5; L. 1957, ch. 232, § 5; L. 1972, ch. 135, § 6; July 1.

• 25-1220: Same; transmission of ballots, envelopes and instructions to voters. The county election officers of the various counties shall transmit to every person who is eligible to vote by federal services absentee ballot who makes application to vote in accordance with K.S.A. 25-1216 and amendments thereto an official federal services absentee ballot and ballot envelope, voting instructions and an envelope for use in returning the official federal services absentee ballot and ballot envelope. If the application is made 45 or more days before the day of the election, such ballot, instructions and envelopes shall be sent as soon as practicable, but not later than 45 days before the election.

        History:   L. 1943, ch. 160, § 7; L. 1953, ch. 197, § 6; L. 1955, ch. 209, § 6; L. 1957, ch. 232, § 6; L. 1965, ch. 246, § 1; L. 1972, ch. 135, § 7; L. 1989, ch. 108, § 3; L. 1992, ch. 237, § 5; L. 1993, ch. 3, § 1; July 1.

• 25-1221: Same; casting ballot; signature; canvass by special election boards. After such voter has marked the official federal services absentee ballot, he or she shall place it in the official ballot envelope and secretly seal the same. Such voter shall then fill out in full the form printed upon the official ballot envelope and sign the same. Such ballot envelope shall then be placed in the envelope provided for such purpose and mailed by the voter to the county election officer of the county of the voter's residence.

        All such ballots which reach the county election officer not later than the hour for closing of the polls on the date of any such election shall be delivered by the county election officer to the special election boards provided for in K.S.A. 25-1133 at the time prescribed by K.S.A. 25-1134 for delivery of absentee ballots. Such special election board shall canvass the ballots delivered to it under the provisions of this act in the same manner and subject to the same provisions of law as are applicable to an original canvass of ballots by an election board as is provided by law for absentee ballots, except that the names of such voters shall be entered upon one or more federal services absentee poll books.

        History:   L. 1943, ch. 160, § 8; L. 1955, ch. 209, § 7; L. 1957, ch. 232, § 7; L. 1961, ch. 204, § 2; L. 1972, ch. 135, § 8; L. 1974, ch. 159, § 1; L. 1976, ch. 182, § 4; April 16.

• 25-1222: Canvass of votes. The votes cast as provided in this act shall be canvassed, counted and certified in the same manner, as nearly as may be practicable as the votes that were cast within such precinct were canvassed, counted and certified, but no official federal services absentee ballot shall be valid: (1) If the voter has voted in person or by absentee ballot in accordance with the procedure provided by any other law of this state; or (2) if it is received by the precinct election board of the voter's residence after the hour of the closing of the polls on the date of the holding of the election.

        History:   L. 1943, ch. 160, § 9; L. 1955, ch. 209, § 8; L. 1957, ch. 232, § 8; June 29.

• 25-1223: Chief state election official, duties; election officials and county officers to act for secretary of state. (a) The chief state election official, as defined in K.S.A. 25-2504, and amendments thereto, shall: (1) Be responsible for providing information regarding voter registration and absentee ballot procedures; and

        (2)   accept valid voter registrations and absentee ballot applications as required under the federal act.

        (b)   The secretary of state may utilize the services of such election officials and county officers for such purposes and to such extent as the secretary of state may deem appropriate in the exercise of the secretary of state's powers and duties under this act and it shall be the duty of such election officials and county officers to furnish the secretary of state such services as the secretary of state may require, and within the time which the secretary of state shall prescribe.

        History:   L. 1943, ch. 160, § 10; L. 2004, ch. 25, § 8; July 1.

• 25-1224: Voting under other state laws permitted. Nothing in this act shall be deemed to restrict the right of any person in federal services to vote whenever practicable, in accordance with other laws of this state, if such person does not elect to vote in accordance with the provisions of this act.

        History:   L. 1943, ch. 160, § 11; L. 1953, ch. 197, § 7; L. 1957, ch. 232, § 9; L. 1976, ch. 182, § 5; April 16.

• 25-1225: Rules and regulations. The secretary of state is hereby authorized and empowered to make such rules and regulations as he may deem necessary to carry out the provisions of this act.

        History:   L. 1943, ch. 160, § 12; June 28.

• 25-1226: Purpose of act. It is the intent and purpose of this act to provide election procedure which will conform with that prescribed by the federal act.

        History:   L. 1943, ch. 160, § 13; June 28.

• 25-1227: Certain provisions of penal law to apply. The provisions of other laws of this state prohibiting offenses against the elective franchise shall apply in the case of elections and voting conducted pursuant to the provisions of this act.

        History:   L. 1943, ch. 160, § 14; June 28.

• 25-1228: Act to be liberally construed. No mere informality in the manner of carrying out or executing the provisions of this act shall invalidate any election held under it or authorize the rejection of the returns thereof; and the provisions of this act shall be construed liberally for the purpose of effectuating its purposes.

        History:   L. 1943, ch. 160, § 15; June 28.

• 25-1229:

        History:   L. 1953, ch. 198, § 1; L. 1959, ch. 179, § 1; L. 1963, ch. 230, § 1; L. 1968, ch. 406, § 143; L. 1976, ch. 182, § 6; Repealed, L. 1978, ch. 140, § 11; July 1.

• 25-1230:

        History:   L. 1953, ch. 198, § 2; L. 1959, ch. 179, § 2; L. 1971, ch. 127, § 1; Repealed, L. 1973, ch. 156, § 3; July 1.

• 25-1230a:

        History:   L. 1973, ch. 156, § 1; L. 1976, ch. 184, § 1; Repealed, L. 1978, ch. 140, § 11; July 1.

• 25-1230b:

        History:   L. 1973, ch. 156, § 2; Repealed, L. 1978, ch. 140, § 11; July 1.

• 25-1231:

        History:   L. 1953, ch. 198, § 3; L. 1959, ch. 179, § 3; L. 1961, ch. 205, § 1; L. 1963, ch. 230, § 2; L. 1971, ch. 128, § 1; L. 1974, ch. 160, § 1; L. 1976, ch. 182, § 7; Repealed, L. 1978, ch. 140, § 11; July 1.

• 25-1232:

        History:   L. 1953, ch. 198, § 4; L. 1959, ch. 179, § 4; L. 1961, ch. 205, § 2; L. 1963, ch. 230, § 3; L. 1972, ch. 132, § 5; L. 1976, ch. 182, § 8; L. 1978, ch. 137, § 10; Repealed, L. 1978, ch. 140, § 11; July 1.

• 25-1233:

        History:   L. 1953, ch. 198, § 5; L. 1959, ch. 179, § 5; L. 1968, ch. 406, § 116; L. 1972, ch. 132, § 6; Repealed, L. 1978, ch. 140, § 11; July 1.

• 25-1234, 25-1235:

        History:   L. 1955, ch. 210, §§ 1, 2; Repealed, L. 1968, ch. 55, § 28; April 30.