History: L. 1968, ch. 55, § 1; April 30.
History: L. 1968, ch. 55, § 2; L. 1971, ch. 132, § 1; July 1.
History: L. 1971, ch. 132, §§ 2 to 4; Repealed, L. 1973, ch. 167, § 2; July 1.
History: L. 1972, ch. 142, § 1; July 1.
(b) "Voter registration agency" means any office in the state, other than an office of the division of motor vehicles, that provides public assistance, that provides state-funded programs primarily engaged in providing services to persons with disabilities, recruitment offices of the armed forces, and the office of the city clerk in any city of the first or second class. A voter registration agency shall provide voter registration services to persons who apply for the agency's services or assistance, and upon completion of each recertification, renewal or change of address form.
(c) Deputy county election officers shall maintain records and perform duties under the provisions of this act only in the manner prescribed by the county election officer. County election officers may appoint such deputy county election officers as deemed appropriate, including, but not limited to, the city clerk of any city, personnel in any public high school, any public library or public institution of higher education, in addition to those required to be appointed under the provisions of subsection (b).
History: L. 1968, ch. 55, § 3; L. 1983, ch. 125, § 12; L. 1996, ch. 187, § 6; Apr. 25.
The secretary of state shall prescribe by rules and regulations adopted as provided by law suitable provisions to assure the reasonable safety and reliability of registration books and applications for registration. Such rules and regulations may make specific provisions relating to any one or more of the types of registration books authorized by the secretary of state.
(b) The secretary of state shall establish a centralized voter registration database. Such database shall include all necessary voter registration information from every county within the state of Kansas. The secretary of state shall include in such database a list of active voters and a separate list of voters who have failed to vote at two consecutive state or national general elections or who have failed to respond to a confirmation notice sent pursuant to subsection (e) of K.S.A. 25-2316c, and amendments thereto.
(c) County election officers shall maintain voter registration records as required by law and transmit data in the manner prescribed by rules and regulations adopted pursuant to this section.
(d) The secretary of state shall adopt rules and regulations to insure the reasonable safety and reliability of the information contained in the central voter registration database and voter lists required by this section and to prescribe the type of data, the frequency, and the manner in which it is transferred to such central location.
History: L. 1968, ch. 55, § 4; L. 1990, ch. 125, § 1; L. 2001, ch. 128, § 11; July 1.
History: L. 1968, ch. 55, § 5; L. 1972, ch. 141, § 1; July 1.
History: L. 1968, ch. 55, § 6; L. 1972, ch. 141, § 2; July 1.
History: L. 1968, ch. 55, § 7; April 30.
History: L. 1968, ch. 55, § 8; Repealed, L. 1980, ch. 112, § 9; July 1.
(b) Applications made under this section shall give voter eligibility requirements and such information as is necessary to identify the applicant and to determine the qualifications of the applicant as an elector and the facts authorizing such person to be registered, including, but not limited to, the following data:
(1) Name;
(2) place of residence, including specific address or location, and mailing address if the residence address is not a permissible postal address;
(3) date of birth;
(4) sex;
(5) the last four digits of the person's social security number or the person's full driver's license or nondriver's identification card number;
(6) telephone number, if available;
(7) naturalization data (if applicable);
(8) if applicant has previously registered or voted elsewhere, residence at time of last registration or voting;
(9) when present residence established;
(10) name under which applicant last registered or voted, if different from present name;
(11) an attestation that the applicant meets each eligibility requirement;
(12) a statement that the penalty for submission of a false voter registration application is a maximum presumptive sentence of 17 months in prison;
(13) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes;
(14) a statement that if an applicant does register to vote, the office to which a voter registration application is submitted will remain confidential and will be used only for voter registration purposes;
(15) boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the United States, together with the question "Are you a citizen of the United States of America?";
(16) boxes for the applicant to check to indicate whether or not the applicant will be 18 years of age or older on election day, together with the question "Will you be 18 years of age on or before election day?";
(17) in reference to paragraphs (15) and (16) the statement "If you checked 'no' in response to either of these questions, do not complete this form.";
(18) a statement that the applicant may be required to provide identification when voting; and
(19) political party affiliation declaration, if any. An applicant's failure to make a declaration will result in the applicant being registered as an unaffiliated voter.
If the application discloses any previous registration in any other county or state, as indicated by paragraph (8) or (10), or otherwise, the county election officer shall upon the registration of the applicant, give notice to the election official of the place of former registration, notifying such official of applicant's present residence and registration, and authorizing cancellation of such former registration.
(c) Any person who applies for registration through a voter registration agency shall be provided with, in addition to the application under subsection (b), a form which includes:
(1) The question "If you are not registered to vote where you live now, would you like to apply to register to vote here today?";
(2) a statement that if the applicant declines to register to vote, this decision will remain confidential and be used only for voter registration purposes;
(3) a statement that if the applicant does register to vote, information regarding the office to which the application was submitted will remain confidential and be used only for voter registration purposes; and
(4) if the agency provides public assistance, (i) the statement "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.";
(ii) boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote, together with the statement "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";
(iii) the statement "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private."; and
(iv) the statement "If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Kansas Secretary of State."
(d) If any person, in writing, declines to register to vote, the voter registration agency shall maintain the form prescribed by subsection (c).
(e) A voter registration agency shall transmit the completed registration application to the county election officer not later than five days after the date of acceptance. Upon receipt of an application for registration, the county election officer shall send, by nonforwardable mail, a notice of disposition of the application to the applicant at the postal delivery address shown on the application. If a notice of disposition is returned as undeliverable, a confirmation mailing prescribed by K.S.A. 25-2316c, and amendments thereto, shall occur.
(f) If an application is received while registration is closed, such application shall be considered to have been received on the next following day during which registration is open.
(g) A person who completes an application for voter registration shall be considered a registered voter when the county election officer adds the applicant's name to the county voter registration list.
(h) Any registered voter whose residence address is not a permissible postal delivery address shall designate a postal address for registration records. When a county election officer has reason to believe that a voter's registration residence is not a permissible postal delivery address, the county election officer shall attempt to determine a proper mailing address for the voter.
(i) Any registered voter may request that such person's residence address be concealed from public inspection on the voter registration list and on the original voter registration application form. Such request shall be made in writing to the county election officer, and shall specify a clearly unwarranted invasion of personal privacy or a threat to the voter's safety. Upon receipt of such a request, the county election officer shall take appropriate steps to ensure that such person's residence address is not publicly disclosed. Nothing in this subsection shall be construed as requiring or authorizing the secretary of state to include on the voter registration application form a space or other provision on the form that would allow the applicant to request that such applicant's residence address be concealed from public inspection.
(j) No application for voter registration shall be made available for public inspection or copying unless the information required by paragraph (5) of subsection (b) has been removed or otherwise rendered unreadable.
(k) If an applicant fails to answer the question prescribed in paragraph (15) of subsection (b), the county election officer shall send the application to the applicant at the postal delivery address given on the application, by nonforwardable mail, with a notice of incompleteness. The notice shall specify a period of time during which the applicant may complete the application in accordance with K.S.A. 25-2311, and amendments thereto, and be eligible to vote in the next election.
History: L. 1968, ch. 55, § 9; L. 1972, ch. 141, § 3; L.1976, ch. 181, § 7; L. 1980, ch. 112, § 1; L. 1982, ch. 154, § 3; L. 1996, ch. 187, § 7; L. 1997, ch. 124, § 13; L. 1999, ch. 105, § 2; L. 2000, ch. 56, § 3; L. 2001, ch. 42, § 1; L. 2001, ch. 211, § 6; L. 2004, ch. 93, § 4; July 1.
History: L. 1976, ch. 181, § 13; May 8.
(b) If a county election officer determines that the reliability of the registration records require a current signature of any voter, or if a registered voter's signature becomes subject to verification by the county election officer, and a similar signature is not on file for such voter, the county election officer may request that the voter sign and submit a current signature card, on a form prescribed by the secretary of state, to be included with the voter's registration records.
History: L. 1982, ch. 154, § 5; April 29.
History: L. 1982, ch. 154, § 6; L. 1988, ch. 120, § 1; L. 1996, ch. 187, § 8; Apr. 25.
History: L. 1968, ch. 55, § 10; L. 1976, ch. 181, § 8; May 8.
(1) Days when the main offices of the county government are closed for business, except as is otherwise provided by any county election officer under the provisions of K.S.A. 25-2312 and amendments thereto;
(2) days when the main offices of the city government are closed for business, in the case of deputy county election officers who are city clerks except as is otherwise provided by any county election officer under the provisions of K.S.A. 25-2312 and amendments thereto;
(3) the 14 days preceding the day of primary and general state elections;
(4) the 14 days preceding the day of primary city and school elections, if either has a primary;
(5) the 14 days preceding each first Tuesday in April of odd-numbered years, being the day of city and school general elections;
(6) the 14 days preceding the day of any election other than one specified in paragraphs (3), (4) and (5) of this subsection; and
(7) the day of any primary or general election or any question submitted election.
(b) For the purposes of this section in counting days that registration books are to be closed, all of the days including Sunday and legal holidays shall be counted.
(c) The secretary of state shall notify every county election officer of the dates when registration shall be closed preceding primary and general state, city and school elections. The days so specified by the secretary of state shall be conclusive. Such notice shall be given by the secretary of state by mail at least 60 days preceding every primary and general state, city and school election.
(d) The last days before closing of registration books as directed by the secretary of state under subsection (c) of this section, county election officers shall provide for registration of voters during regular business hours, during the noon hours and at other than regular business hours upon such days as the county election officers deem necessary. The last three business days before closing of registration books prior to state primary and general elections, county election officers may provide for registration of voters until 9:00 p.m. in cities of the first and second class.
(e) County election officers shall accept and process applications received by voter registration agencies and the division of motor vehicles not later than the 15th day preceding the date of any election; mailed voter registration applications that are postmarked not later than the 15th day preceding the date of any election; or, if the postmark is illegible or missing, is received in the mail not later than the ninth day preceding the day of any election.
(f) The secretary of state may adopt rules and regulations interpreting the provisions of this section and specifying the days when registration shall be open, days when registration shall be closed, and days when it is optional with the county election officer for registration to be open or closed.
(g) Before each primary and general election held in even-numbered years, and at times and in a form prescribed by the secretary of state, each county election officer shall certify to the secretary of state the number of registered voters in each precinct of the county as shown by the registration books in the office of such county election officer.
History: L. 1968, ch. 55, § 11; L. 1973, ch. 165, § 1; L. 1982, ch. 158, § 15; L. 1990, ch. 126, § 1; L. 1991, ch. 102, § 1; L. 1992, ch. 194, § 5; L. 1995, ch. 192, § 5; L. 1996, ch. 187, § 9; L. 1997, ch. 124, § 14; July 1.
History: L. 1968, ch. 55, § 12; L. 1996, ch. 187, § 10; Apr. 25.
History: L. 1968, ch. 55, § 13; L. 1982, ch. 159, § 1; July 1.
History: L. 1968, ch. 55, § 14; April 30.
History: L. 1968, ch. 55, § 15; L. 1996, ch. 187, § 11; Apr. 25.
History: L. 1968, ch. 55, § 16; L. 1972, ch. 233, § 2; L. 1973, ch. 166, § 1; L. 1975, ch. 462, § 37; Repealed, L. 1977, ch. 138, § 3; July 1.
False swearing to an affidavit to obtain a ballot is a class B misdemeanor.
History: L. 1973, ch. 166, § 2; L. 1977, ch. 138, § 1; July 1.
History: L. 1976, ch. 187, § 1; Repealed, L. 1977, ch. 138, § 3; July 1.
(b) When a registered voter changes residence, such voter shall reregister in order to be eligible to vote, except that when a registrant has moved from an address on the registration book to another address within the county and has not reregistered, such registrant shall be allowed to vote a provisional ballot at any election, or to apply for an advance voting ballot, on the condition that such registrant first completes the application for registration prescribed by K.S.A. 25-2309, and amendments thereto. Completion of the application shall authorize the county election officer to update the registration record, if appropriate, for voting in future elections. The county election officer shall send, by nonforwardable mail, a notice of disposition to any such voter. Whenever the county election officer receives from any other election officer a notice of registration of a voter in a different place than that shown in the records of the county election officer, such officer shall remove the name of such voter from the registration book and party affiliation list.
(c) Every application for registration completed under this section shall be returned to the county election officer with the registration books.
(d) A registrant shall not be removed from the registration list on the ground that the registrant has changed residence unless the registrant:
(1) Confirms in writing that the registrant has moved outside the county in which the registrant is registered, or registers to vote in any other jurisdiction; or
(2) has failed to respond to the notice described in subsection (e)(4) and has not appeared to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second federal general election that occurs after the date of the notice.
(e) A county election officer shall send a confirmation notice upon which a registrant may state such registrant's current address, within 45 days of the following events:
(1) A notice of disposition of an application for voter registration is returned as undeliverable;
(2) change of address information supplied by the national change of address program identifies a registrant whose address may have changed;
(3) if it appears from information provided by the postal service that a registrant has moved to a different residence address in the county in which the registrant is currently registered; or
(4) if it appears from information provided by the postal service that a registrant has moved to a different residence address outside the county in which the registrant is currently registered.
The confirmation notice shall be sent by forwardable mail and shall include a postage prepaid and preaddressed return card in a form prescribed by the chief state election official.
(f) Except as otherwise provided by law, when a voter dies or is disqualified for voting, the registration of the voter shall be void, and the county election officer shall remove such voter's name from the registration books and the party affiliation lists. Whenever (1) an obituary notice appears in a newspaper having general circulation in the county reports the death of a registered voter, or (2) a registered voter requests in writing that such voter's name be removed from registration, or (3) a court of competent jurisdiction orders removal of the name of a registered voter from registration lists, or (4) the name of a registered voter appears on a list of deceased residents compiled by the secretary of health and environment as provided in K.S.A. 65-2422, and amendments thereto, or appears on a copy of a death certificate provided by the secretary of health and environment, or appears in information provided by the social security administration, the county election officer shall remove from the registration books and the party affiliation lists in such officer's office the name of any person shown by such list or death certificate to be deceased. The county election officer shall not use or permit the use of such lists of deceased residents or copies for any other purpose than provided in this section.
(g) When the chief state election official receives written notice of a felony conviction in a United States district court, such official shall notify within five days the county election officer of the jurisdiction in which the offender resides. Upon notification of a felony conviction from the chief state election official, or from a county or district attorney or a Kansas district court, the county election officer shall remove the name of the offender from the registration records.
(h) Except as otherwise provided in this section, no person whose name has been removed from the registration books shall be entitled to vote until such person has registered again.
History: L. 1977, ch. 138, § 2; L. 1980, ch. 112, § 2; L. 1980, ch. 110, § 4; L. 1982, ch. 154, § 4; L. 1988, ch. 120, § 2; L. 1989, ch. 109, § 2; L. 1992, ch. 281, § 1; L. 1996, ch. 187, § 12; L. 1997, ch. 124, § 5; L. 1999, ch. 105, § 3; L. 2000, ch. 49, § 3; L. 2001, ch. 128, § 6; L. 2002, ch. 146, § 5; July 1.
History: L. 1980, ch. 112, § 3; Repealed, L. 1996, ch. 187, § 31; Apr. 25.
History: L. 1980, ch. 112, § 8; July 1.
History: L. 1968, ch. 55, § 17; Repealed, L. 1973, ch. 166, § 3; July 1.
(b) The registration book or a copy thereof for each voting place shall be certified as to its authenticity by the county election officer, and shall be delivered by the supervising judge to the voting place in time for the opening of the polls.
(c) Registration books to comply with the provisions of this section shall be in any form which has received the prior written approval of the secretary of state.
History: L. 1968, ch. 55, § 18; April 30.
History: L. 1968, ch. 55, § 19; April 30.
(b) No voter registration record shall be made available for public inspection or copying unless the individual's social security number, or any part thereof, has been removed or otherwise been rendered unreadable.
History: L. 1968, ch. 55, § 20; L. 1977, ch. 139, § 1; L. 1987, ch. 127, § 1; L. 2001, ch. 42, § 2; L. 2001, ch. 211, § 7; July 1.
Use of voter registration lists for commercial purposes is a class C misdemeanor. For purposes of this section, compiling, using, giving, receiving, selling or purchasing the information on or derived from voter registration lists, solely for political campaign or election purposes, shall not constitute a commercial use of voter registration lists.
History: L. 1977, ch. 139, § 2; L. 1994, ch. 190, § 3; April 21.
History: L. 1968, ch. 55, § 21; Repealed, L. 1973, ch. 166, § 3; July 1.
History: L. 1968, ch. 55, § 22; L. 1976, ch. 145, § 150; Jan. 10, 1977.
History: L. 1989, ch. 109, § 1; July 1.
History: L. 1992, ch. 197, § 1; Repealed, L. 1993, ch. 140, § 2; Jan. 1, 1994.
(2) An application for voter registration submitted under subsection (a)(1) shall be considered as updating any previous voter registration by the applicant.
(b) The voter registration section of the application:
(1) May require a second signature or other information that duplicates, or is in addition to, information in the driver's license or nondriver's identification card section of the application to prevent duplicate voter registrations, and to enable Kansas election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(2) shall include a statement that specifies each eligibility requirement for voting, contains an attestation that the applicant meets each such requirement, including citizenship, and requires the signature of the applicant, under penalty of perjury;
(3) shall include a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes;
(4) shall include a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes;
(5) shall be made available by the division of vehicles (as submitted by the applicant, or in machine-readable or other format) to the secretary of state and county election officers, as provided by rules and regulations adopted by the secretary of state; and
(6) shall be transmitted to the county election officer not later than five days after the date of acceptance.
(c) The motor vehicle driver's license and nondriver identification card form used for change of residence address shall also serve as a notification of change of residence address for voter registration for elections, unless the registrant states on the form that the change is not for voter registration purposes.
(d) The voter registration portion of the motor vehicle driver's license and nondriver identification card applications and change of address forms used shall be subject to approval by the secretary of state for purposes of voter registration under this section.
(e) Following the line fixed for the signature of the applicant on the application for voter registration, a statement shall be printed stating that the penalty for submission of a false voter registration application is a maximum presumptive sentence of 17 months in prison.
(f) The secretary of state is hereby authorized to adopt such rules and regulations in the manner prescribed by law as may be necessary for the administration of the provisions of this section.
History: L. 1993, ch. 140, § 1; L. 1996, ch. 187, § 14; Apr. 25.
History: L. 1996, ch. 187, § 3; Apr. 25.
(b) The chief state election official may adopt rules and regulations to carry out the provisions of this section.
History: L. 1996, ch. 187, § 13; L. 1999, ch. 105, § 16; July 1.
History: L. 1996, ch. 187, § 20; Apr. 25.
History: L. 1996, ch. 187, § 22; Apr. 25.