Session Law

Identifying Information:L. 2003 ch. 048
Other Identifying Information:2003 House Bill 2214
Tax Type:Other
Brief Description:An Act concerning elections; relating to handling ballots after canvass; establishingwrite-in boards; amending K.S.A. 25-3008 and repealing the existing section.
Keywords:


Body:

CHAPTER 48

HOUSE BILL No. 2214

An Act concerning elections; relating to handling ballots after canvass; establishing

write-in boards; amending K.S.A. 25-3008 and repealing the existing section.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 25-3008 is hereby amended to read as follows: 25-

3008. Before leaving the voting place the supervising judge shall ascertain

that the election supplies and ballots that are to be returned have been

packaged, packed and separated as provided in this section:

(a) All ballots both voted and unvoted, except void, objected to and

provisional ballots, shall be placed in bags or sacks. Such bags or sacks

shall be sealed and appropriately labeled. The method of sealing and

labeling shall be a method approved by the secretary of state and directed

by the county election officer.

(b) Ballots that are spoiled and returned by the voter shall be marked

``spoiled'' on the back thereof and shall be placed in the bags or envelopes

specified in subsection (a) of this section.

(c) Provisional ballot envelopes containing ballots, with applications

for registration attached, shall be placed in an appropriately labeled en-

velope, and shall be sealed as in subsection (a) of this section.

(d) Objected to ballots shall be placed in an appropriately labeled

envelope, and shall be sealed as in subsection (a) of this section.

(e) Ballots that are cast but not counted shall be marked ``void'' on

the back thereof and shall be placed in the same envelope that contains

objected to ballots.

(f) Ballots specified in subsections (a) and (b) shall be separately pack-

aged from ballots specified in subsections (c), (d) and (e).

(g) Poll books, registration books, party affiliation lists, tally sheets,

abstracts and election supplies not listed in the preceding subsections of

this section shall be returned sealed but not packaged with the items

specified in subsections (a), (b), (c), (d), (e) and (f).

(h) (1) If upon receiving the sealed bags or sacks of ballots after the

original canvass, the county election officer discovers that the board which

conducted the original canvass failed to provide a tally sheet of write-in

votes, the county election officer may appoint a special write-in board to

unseal the ballots and count any write-in votes which appear on the bal-

lots. Such write-in votes shall be reported to the county election officer,

who shall include them with the official results of the election. When the

board completes its tally of write-in votes, the bags or sacks shall be re-

sealed.

(2) The special write-in board shall be appointed by the county elec-

tion officer from the election boards of the county or from a pool of trained

board workers maintained by the county election officer. One member of

the board shall be designated by the county election officer as a super-

vising judge, and the remaining members of the board shall be of different

political parties to the extent practicable.

Sec. 2. K.S.A. 25-3008 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 10, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003