Kansas Statutes

Chapter 25: Elections

Article 4: Conduct Of Elections

Statutes:

• 25-401:
• 25-401a:
• 25-403:
• 25-404:
• 25-405:
• 25-406:
• 25-407: Rule for determining residence of voter.
• 25-408:
• 25-409: Challenged voters; rejection or acceptance of vote; procedure.
• 25-410:
• 25-411:
• 25-412:
• 25-413: Duty of clerks of election when vote received after person has taken oath prescribed.
• 25-414: Duty of judge to challenge; provisional ballots, acceptance or rejection procedure.
• 25-416:
• 25-418: Leave allowance for employees to vote; obstruction of voting privilege, penalty.
• 25-419:
• 25-420:
• 25-421:
• 25-421a:
• 25-422:
• 25-423:
• 25-424:
• 25-425:
• 25-426:
• 25-428:
• 25-429, 25-430: Reserved.
• 25-431: Title of act; citation.
• 25-432: Elections which may be conducted under act; limitations.
• 25-433: Mailing of ballots; voting instructions; return envelopes, payment of postage and forms; voting by electors, procedure; replacement ballots; counting, handling and canvass of ballots; purging of names of voters whose ballots are undeliverable from registration books and party affiliation list.
• 25-434: Challenge of votes; procedure.
• 25-435: Mail ballot elections; application of advance voting ballot provisions.
• 25-436: Deadline for registration of electors receiving mailed ballots; procedure for electors registering late.
• 25-437: Canvass of votes; form of abstract; special election board to be appointed.
• 25-438: Application of other election laws.
• 25-439: Act to be liberally construed; mere informality not to affect validity of election.
• 25-440: Secretary of state to adopt rules and regulations.
• 25-441:

• 25-401:

        History:   L. 1893, ch. 78, § 19; L. 1897, ch. 129, § 19; L. 1901, ch. 177, § 8; R.S. 1923, 25-401; L. 1955, ch. 206, § 1; L. 1961, ch. 197, § 4; L. 1963, ch. 228, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-401a:

        History:   L. 1961, ch. 197, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-403:

        History:   L. 1907, ch. 200, § 1; L. 1911, ch. 183, § 1; R.S. 1923, 25-403; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-404:

        History:   L. 1893, ch. 78, § 17; L. 1897, ch. 129, § 17; R.S. 1923, 25-404; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-405:

        History:   L. 1893, ch. 78, § 18; L. 1897, ch. 129, § 18; R.S. 1923, 25-405; L. 1935, ch. 173, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-406:

        History:   G.S. 1868, ch. 36, § 17; R.S. 1923, 25-406; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-407: Rule for determining residence of voter. The judges of election, in determining the residence of a person offering to vote, shall be governed by this section. "Residence" means the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person has the intention of returning.

        History:   G.S. 1868, ch. 36, § 9; R.S. 1923, 25-407; L. 1982, ch. 155, § 1; July 1.

• 25-408:

        History:   G.S. 1868, ch. 36, § 10; R.S. 1923, 25-408; L. 1972, ch. 132, § 2; Repealed, L. 1974, ch. 156, § 5; July 1.

• 25-409: Challenged voters; rejection or acceptance of vote; procedure. (a) If any person challenged pursuant to K.S.A. 25-414, and amendments thereto, shall refuse to subscribe the application for registration pursuant to K.S.A. 25-2309, and amendments thereto, the judges shall reject such person's vote.

        (b)   If a person is challenged pursuant to K.S.A. 25-414, and amendments thereto, such person shall be permitted to subscribe the application for registration and mark a ballot. The person shall then execute the affirmation prescribed in subsection (c) of this section before a member of the election board and the ballot shall thereupon be sealed in an envelope. The judges shall write on the envelope the word "provisional" and a statement of the reason for the challenge, and that the ballot contained in the envelope is the same ballot which was challenged pursuant to K.S.A. 25-409 et seq. and amendments thereto. Such statement shall be attested by two of the judges. The judges shall attach the application for registration to the envelope containing the provisional ballot. The envelope shall be numbered to correspond to the number of the provisional voter's name in the registration or poll book, and the word "provisional" shall be written following the voter's name in the poll book. The judges shall provide written information stating how the voter may ascertain whether the voter's provisional ballot was counted and, if such ballot was not counted, the reason therefor. Such provisional ballots, together with objected to and void ballots packaged in accordance with K.S.A. 25-3008, and amendments thereto, shall be reviewed by the county board of canvassers at the time prescribed for canvassing votes, and such board shall determine the acceptance or rejection of the same. The county board of canvassers shall open all ballots deemed to be valid and include such ballots in the final canvass of election returns.

        (c)   The voter's affirmation shall be sufficient if substantially in the following form, but the voter's affirmation shall not contain less than that prescribed in the form:
  

  VOTER'S AFFIRMATION
  STATE OF KANSAS, COUNTY OF ________, ss.

        I am a registered voter in this jurisdiction and I am qualified to vote in this election. I declare under penalty of perjury that the foregoing is true and correct. This ____ day of ______________ A.D. ______.

  _____________________, Voter   ______________, Judge of Election
  
  
  
  
  
         
  History:   G.S. 1868, ch. 36, § 11;
  R.S. 1923, 25-409;
  L. 1974, ch. 156, § 1;
  L. 1975, ch. 206, § 1;
  L. 1979, ch. 108, § 1;
  L. 1983, ch. 121, § 1;
  L. 1992, ch. 6, § 1;
  L. 1995, ch. 192, § 25;
  L. 1996, ch. 187, § 1;
  L. 2001, ch. 124, § 3;
  L. 2004, ch. 25, § 2; July 1.
    
  25-410: 
    
         
  History:   G.S. 1868, ch. 36, § 12; R.S. 1923, 25-410; L. 1972, ch.
  132, § 3;
  L. 1974, ch. 156, § 2;
  Repealed, L. 1996, ch. 187, § 31; Apr. 25.
    
  25-411: 
    
         
  History:   G.S. 1868, ch. 36, § 13; R.S. 1923, 25-411; L. 1972, ch. 132,
  § 4; Repealed, L. 1974, ch. 156, § 5; July 1.
    
  25-412: 
    
         
  History:   G.S. 1868, ch. 36, § 14; R.S. 1923,
  25-412; Repealed, L. 1977, ch. 134, § 2; July 1.
    
  25-413: Duty of clerks of election when vote received after person
  has taken oath prescribed.
    Whenever any person's vote shall be received after having subscribed the
  application for registration
  pursuant to subsection (b) of K.S.A. 25-409, and amendments thereto, it
  shall be the duty of the
  clerks of the election to write on the poll books, at the end of such
  person's name, the word "Sworn"; and the ballot shall be numbered on the
  upper right hand corner to correspond with the person's name on the poll
  books.
  
  
  
  
         
  History:   G.S. 1868, ch. 36, § 15;
  L. 1877, ch. 103, § 1; R.S. 1923, 25-413;
  L. 1977, ch. 134, § 1;
  L. 2001, ch. 81, § 3; July 1.
    
  25-414: Duty of judge to challenge; provisional
  ballots, acceptance or
  rejection procedure.
    (a) It shall be the duty of each judge of election to challenge
  any person
  offering to vote, whom the judge shall know or suspect not to be
  qualified as an
  elector.
         
  (b)   A person who:
  (1) Has moved
  from an address in the registration book to another address in the same
  county; or (2) has not moved, but the registration list indicates otherwise, is
  a qualified elector, but shall be challenged by an election judge and entitled
  to cast only a provisional ballot pursuant to K.S.A. 25-409, and amendments
  thereto.
         
  (c)   Any person who votes after the polling place hours prescribed in
  K.S.A. 25-106, and amendments thereto, pursuant to a court or other order is
  entitled to cast only a provisional ballot pursuant to K.S.A. 25-409, and
  amendments thereto.
         
  (d)   The application shall be delivered to the election
  judges and
  attached to the provisional ballot envelope. Such application and ballot
  envelope containing the ballot shall be
  transmitted to the county election officer with election returns and
  supplies.
         
  (e)   Following the determination of acceptance or rejection
  of any
  provisional ballot by the county
  board of canvassers, the county election officer shall update the registration
  record, if appropriate,
  for voting in future elections, and send, by nonforwardable first-class mail,
  to the address specified on the application, notice of disposition of the
  application. The registrant's name shall not be removed from the official list
  of eligible voters by reason of such a change of address except as provided in
  K.S.A. 25-2316c, and amendments thereto.
  
  
  
  
         
  History:   G.S. 1868, ch. 36, § 16; R.S. 1923, 25-414;
  L. 1996, ch. 187, § 2;
  L. 2004, ch. 25, § 3; July 1.
    
  25-416: 
    
         
  History:   L. 1893, ch. 78, § 22; L. 1897, ch. 129, §
  22; L. 1901, ch. 177, § 10; L. 1903, ch. 228, §
  3; L. 1905, ch. 222, § 2; L. 1913, ch. 189, §
  2; R.S. 1923, 25-416; L. 1935, ch. 174, § 1; L. 1955, ch. 207, §
  1; L. 1965, ch. 243, § 1; Repealed, L. 1968, ch. 406, § 145; April
  30.
    
  25-418: Leave allowance for employees to vote; obstruction of voting
  privilege, penalty.
    Any person entitled to vote at an election conducted by a county
  election officer in this state shall, on the day of such election, be
  entitled to absent himself from any service or employment in which he is
  then engaged or employed for a period of not to exceed two (2) consecutive
  hours between the time of opening and closing of polls: Provided, That
  if the polls are open before commencing work or after terminating work but
  the period of time the polls are so open is less than two (2) consecutive
  hours, he shall only be entitled to absent himself from such service or
  employment for such a period of time which, when added to the period of
  time the polls are so open, will not exceed two hours; and such voter shall
  not because of so absenting himself be liable to any penalty, nor shall
  deductions be made, on account of such absence, from his usual salary or
  wages.
         
  The employer may specify the particular time during the day which said
  employee may absent himself as aforesaid except such specified time shall
  not include any time during the regular lunch period.
         
  Obstruction of voting privilege is (a) intentionally obstructing an
  employee in his or her exercise of voting privilege or (b) imposing a
  penalty upon an employee exercising his or her voting privilege under this
  section.
         
  Obstruction of voting privilege is a class A misdemeanor.
  
  
  
  
         
  History:   L. 1893, ch. 78, § 24; L. 1897, ch. 129, § 24; R.S. 1923, 25-418; L.
  1959, ch. 175, § 1; L. 1974, ch. 157, § 2; July
  1.
    
  25-419: 
    
         
  History:   L. 1893, ch. 78, § 25; L. 1897, ch. 129, §
  25; L. 1901, ch. 177, § 11; L. 1903, ch. 228, §
  4; L. 1905, ch. 222, § 3; L. 1913, ch. 189, §
  4; R.S. 1923, 25-419; L. 1955, ch. 207, § 2; L. 1965, ch. 243, §
  2; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-420: 
    
         
  History:   L. 1913, ch. 189, § 7; R.S. 1923,
  25-420; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-421: 
    
         
  History:   G.S. 1868, ch. 36, § 18; R.S. 1923, 25-421; L. 1965, ch. 244,
  § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-421a: 
    
         
  History:   L. 1965, ch. 244, § 2; Repealed, L. 1968, ch. 406, §
  145; April 30.
    
  25-422: 
    
         
  History:   G.S. 1868, ch. 36, § 19; R.S. 1923,
  25-422; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-423: 
    
         
  History:   G.S. 1868, ch. 36, § 20; R.S. 1923,
  25-423; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-424: 
    
         
  History:   G.S. 1868, ch. 36, § 21; R.S. 1923,
  25-424; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-425: 
    
         
  History:   G.S. 1868, ch. 36, § 25; R.S. 1923,
  25-425; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-426: 
    
         
  History:   G.S. 1868, ch. 36, § 26; R.S. 1923,
  25-426; Repealed, L. 1968, ch. 406, § 145; April 30.
    
  25-428: 
    
         
  History:   L. 1955, ch. 211, § 1; Repealed, L. 1959, ch. 176, §
  2; June 30.
    
  25-429, 25-430: Reserved.
    
    
  25-431: Title of act; citation.
    K.S.A. 25-431 to 25-441 may be cited as the "mail ballot election act."
  
  
  
  
         
  History:   L. 1983, ch. 125, § 1; July 1.
    
  25-432: Elections which may be conducted under act;
  limitations.
    An election shall not be conducted under this act unless:
         
  (a)   Conducted on a date, mutually agreed upon by the governing body of the
  political or taxing subdivision and the county election officer, not later than
  120 days following the date the request is submitted by the political or taxing
  subdivision; and
         
  (b)   the secretary of state approves a written plan for conduct of the
  election, which shall include a written timetable for the conduct of the
  election, submitted by the county election officer; and
         
  (c)   the election is nonpartisan; and
         
  (d)   the election is not one at which any candidate is elected, retained
  or recalled; and
         
  (e)   the election is not held on the same date as another election in which
  the qualified electors of that subdivision of government are eligible to cast
  ballots; and
         
  (f)   the election is a question submitted election at which all of the
  qualified electors of one of the following subdivisions of government are the
  only electors eligible to vote:
         
  (1)   Counties;
         
  (2)   cities;
         
  (3)   school districts, except in an election held pursuant to K.S.A. 72-7302
  et seq., and amendments thereto;
         
  (4)   townships;
         
  (5)   benefit districts organized under K.S.A. 31-301, and amendments thereto;
         
  (6)   cemetery districts organized under K.S.A. 15-1013 or 17-1330, and
  amendments thereto;
         
  (7)   combined sewer districts organized under K.S.A. 19-27,169, and amendments
  thereto;
         
  (8)   community college districts organized under K.S.A. 71-1101 et
  seq., and amendments thereto;
         
  (9)   fire districts organized under K.S.A. 19-3601 or 80-1512, and amendments
  thereto;
         
  (10)   hospital districts;
         
  (11)   improvement districts organized under K.S.A. 19-2753, and amendments
  thereto;
         
  (12)   Johnson county park and recreation district organized under K.S.A.
  19-2859, and amendments thereto;
         
  (13)   sewage disposal districts organized under K.S.A. 19-27,140, and
  amendments thereto;
         
  (14)   water districts organized under K.S.A. 19-3501 et seq., and
  amendments thereto; or
         
  (15)   transportation development districts created pursuant to
  K.S.A. 2007
  Supp. 12-17,140
  et seq., and amendments
  thereto.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 2; L. 1984, ch. 374, § 34;
  L. 1991, ch. 101, § 1;
  L. 2002, ch. 105, § 12;
  L. 2003, ch. 120, § 15; July 1.
    
  25-433: Mailing of ballots; voting instructions;
  return envelopes, payment of postage and forms; voting by electors, procedure;
  replacement ballots; counting, handling and canvass of ballots; purging of
  names of voters whose ballots are undeliverable from registration books and
  party affiliation list.
    (a) The county election officer shall mail all official ballots with a return
  identification envelope and instructions sufficient to describe the voting
  process to each elector entitled to vote in the election on one date not
  sooner than the 20th day before the date of the election and not later than
  the 10th day before the date of the election. Ballots mailed by the county
  election officer shall be addressed to the address of each elector appearing in
  the registration records, and placed in an envelope which is prominently marked
  "Do Not Forward."
         
  (b)   Upon receipt of the ballot the elector shall mark it, sign the return
  identification envelope supplied with the ballot and comply with the
  instructions provided with the ballot. The elector may return the marked
  ballot to the county election officer by United States mail, if it is received
  by the county election officer by the date of the election, or personally
  deliver the ballot to the office of the county election officer before noon on
  the date of the election. The ballot shall be returned in the return
  identification envelope. The county election officer shall provide for the
  payment of postage for the return of ballot envelopes.
         
  (c)   The return identification envelope shall contain the following form:
  
  
  
  
                I declare under penalty of election perjury, a felony, that I am a
  resident and a qualified voter for this election as shown on voter registration
  records
  and that I have voted the enclosed ballot and am returning it in compliance
  with Kansas law, and amendments thereto, and have not and will not vote
  more than one ballot in this election.
  
                I also understand that failure to complete the information below will
  invalidate my ballot.
  
   
  ____________________________________
              Signature        
  
  
  ____________________________________
          Residence Address      
  
   
         
  (d)   If the ballot is destroyed, spoiled, lost or not received by the elector,
  the elector may obtain a replacement ballot from the county election officer
  as provided in this subsection. An elector seeking a replacement ballot
  shall sign a statement verified on oath or affirmation, on a form prescribed
  by the secretary of state, that the ballot was destroyed, spoiled, lost
  or not received. The applicant shall deliver the statement to the county
  election officer before noon on the date of the election. The applicant
  may mail the statement to the county election officer, except a county election
  officer shall not transmit a ballot by mail under this subsection unless
  the application is received prior to the close of business on the second
  day prior to the election. When an application is timely received under
  this subsection, the county election officer shall deliver the ballot to
  the voter if the voter is present in the office of the county election officer,
  or promptly transmit the ballot by mail to the voter at the address contained
  in the application, except when prohibited in this subsection. The county
  election officer shall keep a record of each replacement ballot provided
  under this subsection.
         
  (e)   A ballot shall be counted only if: (1) It is returned in the return
  identification envelope; (2) the envelope is signed by the elector to whom
  the ballot is issued; and (3) the signature has been verified as provided
  in this subsection. The county election officer shall verify the signature
  of each elector on the return identification envelope with the signature
  on the elector's registration records and may commence verification at any
  time prior to the canvass of the election. If the county election officer
  determines that an elector to whom a replacement ballot has been issued
  under subsection (d) has voted more than once, the county election officer
  shall not count any ballot cast by that elector.
         
  (f)   The county election officer shall supervise the procedures for the
  handling and canvassing of ballots to insure the safety and confidentiality
  of all ballots properly cast.
         
  (g)   The names of voters whose mail ballot envelopes are returned to
  the county election officer as "undeliverable" shall be subject to removal
  from the voter registration book and party affiliation list in the manner
  provided in subsection (d) of K.S.A. 25-2316c, and amendments thereto.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 3; L. 1984, ch. 138, § 1;
  L. 1987, ch. 125, § 1;
  L. 1999, ch. 105, § 1; July 1.
    
  25-434: Challenge of votes; procedure.
    Votes cast pursuant to this act can be challenged in the
  manner prescribed by K.S.A. 25-1136 insofar as applicable.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 4; July 1.
    
  25-435: Mail ballot elections; application of advance voting ballot
  provisions.
    The provisions of article 11 of chapter 25 of Kansas Statutes Annotated,
  and amendments thereto, relating to advance voting ballots
  shall apply to elections
  under this act only insofar as they do not conflict with the provisions
  of this act, except that the county election officer shall not accept any
  application for an advance voting ballot later than the 21st
  day before the election.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 5;
  L. 1995, ch. 192, § 26; July 1.
    
  25-436: Deadline for registration of electors receiving mailed ballots;
  procedure for electors registering late.
    The county election officer shall not mail a ballot under this act to those
  electors not registered 30 days prior to the date of the election.  Electors
  registered after 30 days prior to the date of the election, but prior to
  the closing of the registration books, may apply for a ballot under subsection
  (d) of K.S.A. 25-433.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 6; July 1.
    
  25-437: Canvass of votes; form of abstract; special election board to
  be appointed.
    The county election officer of each county within the electoral
  district shall appoint a special election board pursuant to the requirements
  of K.S.A. 25-2801 to be composed of at least three members who shall make
  the original canvass of all ballots cast in that county.  For the purposes
  of any canvass under this act, the electoral district within that county
  shall constitute one voting area, and ballots shall not be sorted according
  to precinct or ward.  The abstract shall be prepared on a form prescribed
  by the secretary of state.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 7; July 1.
    
  25-438: Application of other election laws.
    All laws which apply to elections shall apply to elections
  under this act to the extent applicable.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 8; July 1.
    
  25-439: Act to be liberally construed; mere informality not to affect
  validity of election.
    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.  The provisions of this
  act shall be construed liberally for the purpose of effectuating its purposes.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 9; July 1.
    
  25-440: Secretary of state to adopt rules and regulations.
    The secretary of state may adopt rules and regulations governing
  the procedures and forms necessary to implement this act.  The authority
  of the secretary of state to adopt rules and regulations under this act
  shall be liberally construed.
  
  
  
  
         
  History:   L. 1983, ch. 125, § 10; July 1.
    
  25-441: 
    
         
  History:    L. 1983, ch. 125, § 11; Repealed, L. 1984, ch. 138, §
  2; July 1.