Kansas Statutes

Chapter 25: Elections

Article 18: Voting By New And Former State Residents In Presidential Elections

Statutes:

• 25-1801: Eligibility to vote for presidential and vice-presidential electors; definitions.
• 25-1802: Application for presidential ballots; new resident; former resident; relocated resident.
• 25-1803: Mailing duplicate application.
• 25-1804: Filing of duplicate application; county election officer.
• 25-1805: Delivery of ballot to applicant.
• 25-1806: Marking and disposition of ballot; declaration on return carrier envelope.
• 25-1806a: False declaration; penalty.
• 25-1807: List of applicants open for public inspection.
• 25-1808: Ballots to special election boards for canvass; deadline for receipt of ballots; special poll books.
• 25-1809: Challenge of votes cast by new residents, former residents or relocated residents.
• 25-1810:
• 25-1811: Application of law relating to advance voting.

• 25-1801: Eligibility to vote for presidential and vice-presidential electors; definitions. (a) Each citizen of the United States, who, at the time of any general election at which presidential electors or candidates for the offices of president or vice-president of the United States are to be voted for, is a "new resident," "former resident" or a "relocated resident" of this state, as hereinafter defined, shall be entitled to vote for presidential and vice-presidential electors at that election, but for no other officers, if (1) such person otherwise possesses the substantive qualifications to vote in this state, except the requirement of residence, and (2) such person complies with the provisions of this act.

        (b) (1)   "New resident" means one who, immediately prior to such person's removal to this state, was a resident of another state and who shall have resided in this state for less than 45 days next preceding such general election.

        (2)   "Former resident" means one who has removed such person's place of residence from this state less than 45 days next preceding such general election but who was a registered voter at the time of removal.

        (3)   "Relocated resident" means one who has relocated such person's place of residence from one precinct in this state to another precinct in this state 20 days or less next preceding such general election but who was a registered voter in such person's former precinct of residence.

        History:   L. 1963, ch. 232, § 1; L. 1972, ch. 137, § 1; L. 1974, ch. 156, § 3; L. 1985, ch. 118, § 1; July 1.

• 25-1802: Application for presidential ballots; new resident; former resident; relocated resident. (a) A person desiring to qualify under this act as a new resident voter to vote for presidential and vice-presidential electors shall submit not more than 45 days prior to such general presidential election nor later than 12 o'clock noon on the Monday preceding the day of such election an application to the county election officer of such person's new residence in the form of an affidavit executed in duplicate substantially as follows:
  

  STATE OF ______________

  COUNTY OF ______________, ss.

        I, ______________, do solemnly swear that:

  1. I am a citizen of the United States;

  2. Before becoming a resident of this state, I resided at ______________ street, in ______________ (Here insert name of town, township, village or city) of ______________ county of the state of ______________;

  3. On the day of the next presidential election, I shall be at least eighteen years of age and I have or will have by the time of such next presidential election resided in this state not more than 45 days next preceding such general presidential election and I am now residing in the __________ precinct, township of ______________ (or in the __________ precinct of the __________ ward, ______________ street in the city of ______________), in the county of ______________, state of Kansas;

  4. I believe I am entitled under the law of this state to vote at the presidential election to be held November ______, ______;

  5. I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot at that election.

  Signed ______________ (Applicant)

        Subscribed and sworn to before me this ______________ day of ______________, ______.

  Signed ______________ Title and name of officer authorized to administer oath

        (b)   A person desiring to qualify under this act as a former resident voter to vote for presidential and vice-presidential electors is required to have been registered in this state immediately preceding such person's removal from this state. Not more than 45 days prior to such general presidential election nor later than 12 o'clock noon on the Monday preceding the day of such election, such person shall make an application to the office of the county election officer of the county of such person's former residence, in the form of an affidavit executed in duplicate substantially as follows:
  

  STATE OF ______________

  COUNTY OF ______________, ss.

        I, ______________, do solemnly swear that:

  1. I am a citizen of the United States;

  2. Before removing my residence from the state of Kansas on __________, ______, which was within 45 days next preceding the presidential election to be held November ______, ______, I was a registered voter in the ______ precinct, township of ______________ (or in the ______ precinct of the ______ ward, at ______________ street, in the city of _____________) in the county of ______________, state of Kansas, which was my last place of residence prior to my removal from Kansas;

  3. I now reside at ______________ street, in ____________________

        (Here insert name of town, township, village or city)

  of ________________ county of the state of ______________;

  4. On the day of the next presidential election, I shall be at least eighteen years of age;

  5. I believe I am entitled under the law of this state to vote at the presidential election to be held November ______, ______, in the precinct and county of my former residence as above stated.

  6. I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot at that election.

  Signed ______________ (Applicant)

        Subscribed and sworn to before me this ______________ day of ______________, ______.

  Signed ______________ Title and name of officer authorized to administer oath

        (c)   A person desiring to qualify under this act as a relocated resident voter to vote for presidential and vice-presidential electors is required to be registered in such voter's former precinct of residence in this state. Not more than 20 days prior to such general presidential election nor later than 12 o'clock noon on the Monday preceding the day of such election, such person shall make application with the office of the county election officer of the county of such person's new residence, in the form of an affidavit executed in duplicate as follows:
  

  STATE OF _____________

  COUNTY OF _____________, ss.

        I, _____________, do solemnly swear that:

  1. I am a citizen of the United States;

  2. Before relocating my residence on __________, _____, which was not more than 20 days next preceding the presidential election to be held November ______, _____, I was a registered voter in the ______ precinct, township of _____________ (or in the _______ precinct of the _______ ward, at ______________ street, in the city of _____________) in the county of ______________, state of Kansas, which was my last place of residence prior to my relocation in Kansas;

  3. I now reside at __________ street, in _____________________

        (Here insert name of town, township, village or city)

        of ______________________ county of the state of Kansas;

  4. On the day of the next presidential election, I shall be at least eighteen years of age;

  5. I believe I am entitled under the law of this state to vote at the presidential election to be held November _____, ______, in the precinct and county of my new residence as above stated.

  6. I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot at that election.

  Signed ______________ (Applicant)

        Subscribed and sworn to before me this ______________ day of ______________, ______.

  Signed ______________ Title and name of officer authorized to administer oath

        History:   L. 1963, ch. 232, § 2; L. 1972, ch. 137, § 2; L. 1974, ch. 156, § 4; L. 1985, ch. 118, § 2; L. 2000, ch. 56, § 2; July 1.

• 25-1803: Mailing duplicate application. The official in whose office the application is filed immediately shall mail to the appropriate official of the state in which the new resident applicant last resided or in which the former resident applicant presently resides a duplicate of the application. In the case of a relocated resident, the county election officer of the county in whose office the application is filed immediately shall mail to the county election officer of the county where the relocated resident last resided a duplicate of the application.

        History:   L. 1963, ch. 232, § 3; L. 1972, ch. 137, § 3; L. 1985, ch. 118, § 3; July 1.

• 25-1804: Filing of duplicate application; county election officer. Every county election officer shall file each duplicate application or other official information indicating that a former resident, new resident or a relocated resident of this state has made application to vote at a presidential election in another state or in another precinct in the case of a relocated resident and shall maintain an alphabetical index thereof, for a period of six months after the election.

        History:   L. 1963, ch. 232, § 4; L. 1972, ch. 137, § 4; L. 1985, ch. 118, § 4; July 1.

• 25-1805: Delivery of ballot to applicant. If satisfied that the application is proper and that the applicant is qualified to vote under this act the county election officer shall deliver to the applicant a ballot for presidential and vice-presidential electors not sooner than 25 days nor later than the Monday preceding the next general presidential election.

        History:   L. 1963, ch. 232, § 5; L. 1972, ch. 137, § 5; L. 1985, ch. 118, § 5; July 1.

• 25-1806: Marking and disposition of ballot; declaration on return carrier envelope. (a) The applicant upon receiving the ballot for presidential and vice-presidential electors shall mark the ballot and then fold the ballot and deposit it and seal it in an envelope furnished by the county election officer.

        (b)   The voter shall enclose the envelope containing the ballot in a carrier envelope which shall be securely sealed. There shall be imprinted on the outside of the envelope on a form substantially as follows:
  

  DECLARATION OF NEW RESIDENT, FORMER RESIDENT OR RELOCATED RESIDENT VOTER
  

        I hereby declare that I have qualified as a new resident voter, a former resident voter or relocated resident voter in this state to vote for presidential and vice-presidential electors. I have not applied nor do I intend to apply for any advance voting voter's ballot from any other state or precinct in the case of a relocated resident. I have not voted and I will not vote otherwise than by this ballot.

        My legal residence (or last residence in Kansas, if a former resident voter or if a relocated resident) is in the ______________ precinct, township of _______________ (or in the ___________ precinct of the __________ ward, __________ street in the city of __________), in the county of _______________, state of Kansas.

  Dated: _____________________
  ____________________

  (Signature of voter)
  

        Note:   False statement on this declaration is a class C misdemeanor.

  The voter shall sign the declaration upon the carrier envelope as set forth above, and shall then deliver the sealed carrier envelope to the county election officer, who shall keep the carrier envelope in such officer's office until delivered by such officer to the proper election officials to be canvassed.

        History:   L. 1963, ch. 232, § 6; L. 1972, ch. 137, § 6; L. 1976, ch. 182, § 9; L. 1985, ch. 118, § 6; L. 1995, ch. 192, § 41; July 1.

• 25-1806a: False declaration; penalty. False statement on a ballot declaration is knowingly and willfully falsely declaring any material fact in a declaration form provided for in K.S.A. 25-1806.

        False statement on a ballot declaration is a class C misdemeanor.

        History:   L. 1976, ch. 182, § 10; April 16.

• 25-1807: List of applicants open for public inspection. Every county election officer who shall receive such applications shall keep open to public inspection a list of all persons who have applied under this act to vote as new residents, former residents or as relocated residents, with their names, addresses, last Kansas addresses of those applying to vote as former residents or as relocated residents, and application dates.

        History:   L. 1963, ch. 232, § 7; L. 1972, ch. 137, § 7; L. 1985, ch. 118, § 7; July 1.

• 25-1808: Ballots to special election boards for canvass; deadline for receipt of ballots; special poll books. All ballots marked by new resident, former resident and relocated resident voters which reach the county election officer not later than the hour for closing of the polls on the date of the election shall be delivered by the county election officer to the special election board provided for in K.S.A. 25-1133, and amendments thereto, at the time prescribed by K.S.A. 25-1134, and amendments thereto, for delivery of advance voting ballots. Such ballots shall be canvassed in the manner provided for advance voting ballots in K.S.A. 25-1135 to 25-1139, inclusive, and amendments thereto. The new resident, former resident or relocated resident voter's name with a notation so designating shall be recorded in a special poll book for new resident, former resident and relocated resident voters.

        History:   L. 1963, ch. 232, § 8; L. 1972, ch. 137, § 8; L. 1976, ch. 182, § 11; L. 1978, ch. 140, § 9; L. 1985, ch. 118, § 8; L. 1995, ch. 192, § 42; July 1.

• 25-1809: Challenge of votes cast by new residents, former residents or relocated residents. The vote of any new resident, former resident or relocated resident may be challenged for cause. The clerks and judges of special election boards provided for by law shall have all the powers and authority conferred upon them by law with respect to other voters in respect to hearing and determining the legality of votes by new residents, former residents or relocated residents.

        History:   L. 1963, ch. 232, § 9; L. 1972, ch. 137, § 9; L. 1985, ch. 118, § 9; July 1.

• 25-1810:

        History:   L. 1963, ch. 232, § 10; Repealed, L. 1974, ch. 157, § 27; July 1.

• 25-1811: Application of law relating to advance voting. Except as otherwise provided in this act, the provisions of law relating to advance voting shall apply also to the casting and counting of ballots and challenging of votes by new residents, former residents or by relocated residents, the furnishing of election supplies, ballots, canvassing of ballots, and making proper returns of the results of the election.

        History:   L. 1963, ch. 232, § 11; L. 1972, ch. 137, § 10; L. 1978, ch. 140, § 10; L. 1985, ch. 118, § 10; L. 1995, ch. 192, § 43; July 1.