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§ 19; L. 1901, ch. 177, § 8; R.S. 1923, 25-401; L. 1955, ch. 206, § 1; L. 1961, ch. 197, § 4; L. 1963, ch. 228, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1961, ch. 197, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1907, ch. 200, § 1; L. 1911, ch. 183, § 1; R.S. 1923, 25-403; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1893, ch. 78, § 17; L. 1897, ch. 129, § 17; R.S. 1923, 25-404; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1893, ch. 78, § 18; L. 1897, ch. 129, § 18; R.S. 1923, 25-405; L. 1935, ch. 173, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 17; R.S. 1923, 25-406; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 9; R.S. 1923, 25-407; L. 1982, ch. 155, § 1; July 1.
History: G.S. 1868, ch. 36, § 10; R.S. 1923, 25-408; L. 1972, ch. 132, § 2; Repealed, L. 1974, ch. 156, § 5; July 1.
(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:
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.
______.
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.
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.
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.
History: G.S. 1868, ch. 36, § 14; R.S. 1923,
25-412; Repealed, L. 1977, ch. 134, § 2; July 1.
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.
(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.
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.
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.
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.
History: L. 1913, ch. 189, § 7; R.S. 1923,
25-420; Repealed, L. 1968, ch. 406, § 145; April 30.
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.
History: L. 1965, ch. 244, § 2; Repealed, L. 1968, ch. 406, §
145; April 30.
History: G.S. 1868, ch. 36, § 19; R.S. 1923,
25-422; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 20; R.S. 1923,
25-423; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 21; R.S. 1923,
25-424; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 25; R.S. 1923,
25-425; Repealed, L. 1968, ch. 406, § 145; April 30.
History: G.S. 1868, ch. 36, § 26; R.S. 1923,
25-426; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1955, ch. 211, § 1; Repealed, L. 1959, ch. 176, §
2; June 30.
History: L. 1983, ch. 125, § 1; July 1.
(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.
(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
(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.
History: L. 1983, ch. 125, § 4; July 1.
History: L. 1983, ch. 125, § 5;
L. 1995, ch. 192, § 26; July 1.
History: L. 1983, ch. 125, § 6; July 1.
History: L. 1983, ch. 125, § 7; July 1.
History: L. 1983, ch. 125, § 8; July 1.
History: L. 1983, ch. 125, § 9; July 1.
History: L. 1983, ch. 125, § 10; July 1.
History: L. 1983, ch. 125, § 11; Repealed, L. 1984, ch. 138, §
2; July 1.
STATE OF KANSAS, COUNTY OF ________, ss.
_____________________, Voter ______________, Judge of Election
____________________________________
Residence Address