Session Law

Identifying Information:L. 2001 ch. 081
Other Identifying Information:2001 Senate Bill 125
Tax Type:Other
Brief Description:An Act concerning elections; relating to technical clean up amendments; amending K.S.A. 25-205, 25-213, 25-413, 25-611, 25-616, 25-618, 25-1122, 25-1124, 25-3102 and 25- 3801 and repealing the existing sections.
Keywords:


Body:

CHAPTER 81

SENATE BILL No. 125


An Act concerning elections; relating to technical clean up amendments; amending K.S.A.

25-205, 25-213, 25-413, 25-611, 25-616, 25-618, 25-1122, 25-1124, 25-3102 and 25-

3801 and repealing the existing sections.




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

Section 1. K.S.A. 25-205 is hereby amended to read as follows: 25-

205. (a) Except as otherwise provided in this section, the names of can-

didates for national, state, county and township offices shall be printed

upon the official primary ballot when each shall have qualified to become

a candidate by one of the following methods and none other: (1) They

shall have had filed in their behalf, not later than 12:00 noon, June 10,

prior to such primary election, or if such date falls on Saturday, Sunday

or a holiday, then before 12:00 noon of the next following day that is not

a Saturday, Sunday or a holiday, nomination petitions, as provided for in

this act, except that in 1998, candidates for judge or district magistrate

judge of the district court for positions created in 1998 in those judicial

districts that have not approved the proposition of nonpartisan selection

of judges of the district court shall have filed in their behalf, not later

than 12:00 noon, July 1, 1998, nomination petitions, as provided for in

this act; or (2) they shall have filed not later than the time for filing

nomination petitions, as above provided, with the proper officer a dec-

laration of intention to become a candidate, accompanied by the fee re-

quired by law. Such declaration shall be prescribed by the secretary of

state.

(b) Nomination petitions shall be in substantially the following form:

I, the undersigned, an elector of the county of ________, and state of Kansas, and

a duly registered voter, and a member of

party, hereby nominate

,

who resides in the township of ________ (or at number ________ on ________

street, city of ________), in the county of ________ and state of Kansas, as a

candidate for the office of (here specify the office) ________, to be voted for at the

primary election to be held on the first Tuesday in August in ________, as representing

the principles of such party; and I further declare that I intend to support the candidate

herein named and that I have not signed and will not sign any nomination petition for any

other person, for such office at such primary election.


(HEADING)
Name of

Signers.

Street Number

or Rural Route

(as registered).

Name of

City.

Date of

Signing.

All nomination petitions shall have substantially the foregoing form,

written or printed at the top thereof. No signature shall be counted unless

it is upon a sheet having such written or printed form at the top thereof.

(c) Each signer of a nomination petition shall sign but one such pe-

tition for the same office, and shall declare that such person intends to

support the candidate therein named, and shall add to such person's sig-

nature and residence, if in a city, by street and number (if any); or, oth-

erwise by post-office address. No signature shall be counted unless the

place of residence of the signer is clearly indicated and the date of signing

given as herein required and if ditto marks are used to indicate address

they shall be continuous and clearly made. Such sheets shall not be cut

or pasted together.

(d) All signers of each separate nomination petition shall reside in the

same county and election district of the office sought. The affidavit de-

scribed in this paragraph of a qualified elector who resides in such county

and election district or of the candidate shall be appended to each petition

and shall contain, at the end of each set of documents carried by each

circulator, a verification, signed by the circulator or the candidate, to the

effect that such circulator or the candidate personally witnessed the sign-

ing of the petition by each person whose name appears thereon. The

person making such affidavit shall be duly registered to vote.

(e) Except as otherwise provided in subsection (g), nomination peti-

tions shall be signed:

(1) If for a state officer elected on a statewide basis or for the office

of United States senator, by voters equal in number to not less than 1%

of the total of the current voter registration of the party designated in the

state as compiled by the office of the secretary of state;

(2) If for a state or national officer elected on less than a statewide

basis, by voters equal in number to not less than 2% of the total of the

current voter registration of the party designated in such district as com-

piled by the office of the secretary of state, except that for the office of

district magistrate judge, by not less than 2% of the total of the current

voter registration of the party designated in the county in which such

office is to be filled as certified to the secretary of state in accordance

with K.S.A. 25-3302, and amendments thereto;

(3) If for a county office, by voters equal in number to not less than

3% of the total of the current voter registration of the party designated

in such district or county as compiled by the county election officer and

certified to the secretary of state in accordance with K.S.A. 25-3302, and

amendments thereto; and

(4) If for a township office, by voters equal in number to not less than

3% of the total of the current voter registration of the party designated

in such township as compiled by the county election officer and certified

to the secretary of state in accordance with K.S.A. 25-3302, and amend-

ments thereto.

(f) Subject to the requirements of K.S.A. 25-202, and amendments

thereto, any political organization filing nomination petitions for a major-

ity of the state or county offices, as provided in this act, shall have a

separate primary election ballot as a political party and, upon receipt of

such nomination petitions, the respective officers shall prepare a separate

state and county ballot for such new party in their respective counties or

districts thereof in the same manner as is provided for existing parties.

(g) (1) In the year 1992, In any year in which districts are reappor-

tioned for the offices of representative in the United States congress, sen-

ator and representative in the legislature of the state of Kansas or member

of the state board of education:

(1) If new boundary lines are defined and districts established in the

manner prescribed by law on or after the effective date of this act and

on or before May 10, 1992, for the offices of representative in the United

States congress, senator and representative in the legislature of the state

of Kansas, and member of the state board of education, nomination pe-

titions for nomination to such offices shall be signed by voters equal in

number to not less than 1% of the total of the current voter registration

of the party designated in the district as compiled by the office of the

secretary of state.

(2) In the year 1992, If new boundary lines are defined and districts

established in the manner prescribed by law on or after May 11, 1992,

nomination petitions for nomination to the following offices shall be

signed by registered voters of the party designated in the district equal

in number to not less than the following:

(A)For the office of representative in the United States congress 1,000 registered voters;
(B)for the office of member of the state board of education 300 registered voters;
(C)for the office of state senator 75 registered voters; and
(D)for the office of state representative 25 registered voters.

(h) (1) In the year 1992, In any year in which districts are reappor-

tioned for the offices of representative in the United States congress, sen-

ator and representative in the legislature of the state of Kansas or member

of the state board of education:

(1) If new boundary lines are defined and districts established in the

manner prescribed by law for the offices of representative in the United

States congress, senator and representative in the legislature of the state

of Kansas, and member of the state board of education, on or before June

12, 1992 10, the deadline for filing nomination petitions and declarations

of intention to become a candidate for such office, accompanied by the

fee required by law, shall be 12:00 noon on June 24, 1992 or if such date

falls on a Saturday, Sunday or a holiday, then before 12:00 noon of the

next following day that is not a Saturday, Sunday or holiday.

(2) In the year 1992, If new boundary lines are defined and districts

established in the manner prescribed by law for the offices of represen-

tative in the United States congress, senator and representative in the

legislature of the state of Kansas, and member of the state board of ed-

ucation, on or after June 13, 1992 11, the deadline for filing nomination

petitions and declarations of intention to become a candidate for such

office, accompanied by the fee required by law, shall be July 14, 1992

12:00 noon on July 12, or if such date falls on a Saturday, Sunday or

holiday, then before 12:00 noon of the next day that is not a Saturday,

Sunday or holiday.

Sec. 2. K.S.A. 25-213 is hereby amended to read as follows: 25-213.

At all national and state primary elections, the national and state offices

as specified for each in this section shall be printed upon the official

primary election ballot for national and state offices and the county and

township offices as specified for each in this section shall be printed upon

the official primary election ballot for county and township offices. The

official primary election ballots shall have the following heading:


OFFICIAL PRIMARY ELECTION BALLOT

____________ Party


To vote for a person whose name is printed on the ballot make a cross

or check mark in the square at the left of the person's name. To vote for

a person whose name is not printed on the ballot, write the person's name

in the blank space, if any is provided, and make a cross or check mark in

the square to the left.

The words national and state or the words county and township shall

appear on the line preceding the part of the form shown above.

The form shown shall be followed by the names of the persons for

whom nomination petitions or declarations have been filed according to

law for political parties having primary elections, and for the national and

state offices in the following order: United States senator, United States

representative from ________ district, governor and lieutenant gover-

nor, secretary of state, attorney general, state treasurer, commissioner of

insurance, senator ________ district, representative ________ dis-

trict, district judge

district, district magistrate judge



district, district attorney ________ judicial district, and member state

board of education ________ district. For county and township offices

the form shall be followed by the names of persons for whom nomination

petitions or declarations have been filed according to law for politi-

cal parties having primary elections in the following order: commissioner

________ district, county clerk, treasurer, register of deeds, county at-

torney, sheriff, surveyor, township trustee, township treasurer, township

clerk. When any office is not to be elected, it shall be omitted from the

ballot. Other offices to be elected but not listed, shall be inserted in the

proper places. For each office there shall be a statement of the number

to vote for.

To the left of each name there shall be printed a square. Official pri-

mary election ballots may be printed in one or more columns. The names

certified by the secretary of state or county election officer shall be

printed on official primary election ballots and no others. In case there

are no nomination petitions or declarations on file for any particular of-

fice, the title to the office shall be printed on the ballot followed by a

blank line with a square, and such title, followed by a blank line, may be

printed in the list of candidates published in the official paper. No blank

line shall be printed following any office where there are nomination

petitions or declarations on file for the office except following the offices

of precinct committeeman and precinct committeewoman. Except as oth-

erwise provided in this section, no person's name shall be printed more

than once on either the official primary election ballot for national and

state offices or the official primary election ballot for county and township

offices. No name that is printed on the official primary election ballot as

a candidate of a political party shall be printed or written in as a candidate

for any office on the official primary election ballot of any other political

party. If a person is a candidate for the unexpired term for an office, the

person's name may be printed on the same ballot as a candidate for the

next regular term for such office. The name of any candidate on the ballot

may be printed on the same ballot as such candidate and also as a can-

didate for precinct committeeman or committeewoman. No name that is

printed on the official primary election ballot for national and state offices

shall be printed or written in elsewhere on such ballot or on the official

primary election ballot for county and township offices except for precinct

committeeman or committeewoman. No name that is printed on the of-

ficial primary election ballot for county and township offices shall be

printed or written in on the official primary election ballot for national

and state offices or elsewhere on such county and township ballot except

for precinct committeeman or committeewoman.

No person shall be elected to the office of precinct committeeman or

precinct committeewoman where no nomination petitions or declarations

have been filed, unless the person receives at least five write-in votes. As

a result of a primary election, no person shall receive the nomination and

no person's name shall be printed on the official general election ballot

when no nomination petitions or declarations were filed, unless the per-

son receives votes equal in number to not less than 10% of the electors

who voted for the office of secretary of state at the last preceding general

election for such office in the state, county or district in which the office

is sought, except that a candidate for township office may receive the

nomination and have such person's name printed on the ballot where no

nomination petitions or declarations have been filed if such candidate

receives three or more write-in votes. No such person shall be required

to obtain more than 5,000 votes.

Sec. 3. K.S.A. 25-413 is hereby amended to read as follows: 25-413.

Whenever any person's vote shall be received after having taken the oath

prescribed in K.S.A. 25-410 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.

Sec. 4. K.S.A. 25-611 is hereby amended to read as follows: 25-611.

(a) The arrangement of offices on the official general ballot for national

and state offices for those offices to be elected shall be in the follow-

ing order: Names of candidates for the offices of president and vice-

president, United States senator, United States representative ________

district, governor and lieutenant governor running together, secretary

of state, attorney general, (and any other officers elected from the

state as a whole), state senator ________ district, state representa-

tive ________ district, district judge ________ district, district mag-

istrate judge ________ district, district attorney ________ judicial dis-

trict, and state board of education member ________ district.

(b) The arrangement of offices on the official general ballot for

county and township offices for those offices to be elected shall be in the

following order: Names of candidates for county commissioner ________

district, county clerk, county treasurer, register of deeds, county attorney,

sheriff, county surveyor, township trustee, township treasurer, township

clerk.

Sec. 5. K.S.A. 25-616 is hereby amended to read as follows: 25-616.

The secretary of state shall prescribe the ballot format but the national

offices part of the official general ballot for national and state offices shall

be substantially in the form shown in this section and the state offices

part of such ballot shall be substantially in the form shown in K.S.A. 25-

617, and amendments thereto.


STATE OF KANSAS

OFFICIAL GENERAL BALLOT

National and State Offices

County of________

November ________, 19____


Year



NATIONAL OFFICES



To vote for presidential electors for candidates for president and vice-president make a

cross or check mark in the square at the left of the names of the candidates. To vote for

presidential electors to be selected by candidates for president and vice-president whose

names are not printed on the ballot, write the persons' names in the appropriate blank

spaces and make a cross or check mark in the square at the left of the names of the can-

didates.



FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND

VICE-PRESIDENT JONESTERN AND DOE Republican

FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND

VICE-PRESIDENT ROEHEAD AND RICHARDBY Democrat

FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND

VICE-PRESIDENT JANEBRAND AND JOHNBERG Independent
Nominations

FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND

VICE-PRESIDENT ________ and ________



To vote for a person make a cross or check mark in the square at the left of the person's

name. To vote for a person whose name is not printed on the ballot, write the person's name

in the blank space and make a cross or check mark in the square to the left.

FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND

VICE-PRESIDENT

Vote for One Set of Electors

JONESTERN AND DOE Republican

ROEHEAD AND RICHARDBY Democrat

JANEBRAND AND JOHNBERG Independent Nominations

____________________ AND ____________________



FOR UNITED STATES SENATOR

Vote for One

DAN BOBING, Brussell Republican

ROBERTA SMITH, Salina Democrat




FOR UNITED STATES REPRESENTATIVE

____________DISTRICT

Vote for One

ELMER O'BRIEN, Wichita Democrat

WM.T. MILLER, Maple City Republican




When any office is not to be elected, it shall be omitted from the ballot.

Sec. 6. K.S.A. 25-618 is hereby amended to read as follows: 25-618.

The official general ballot for county and township offices may be separate

from the official general ballot for national and state offices or may be

combined with the official general ballot provided for in K.S.A. 25-601

and amendments thereto. The secretary of state shall prescribe the ballot

format but the ballot shall be substantially in the form shown in this

section and K.S.A. 25-611, and amendments thereto.


STATE OF KANSAS

OFFICIAL GENERAL BALLOT

County and Township Offices

County of ________, City (or Township) of ________

November ________, 19____


Year



To vote for a person, make a cross or check mark in the square at the left of the person's

name. To vote for a person whose name is not printed on the ballot, write the person's name

in the blank space and make a cross or check mark in the square to the left.



FOR COUNTY COMMISSIONER

____________ DISTRICT

Vote for One








FOR COUNTY CLERK

Vote for One








FOR COUNTY TREASURER

Vote for One








And continuing in like manner for all county and township offices to

be elected.

Sec. 7. K.S.A. 25-3102 is hereby amended to read as follows: 25-

3102. In the event that a member of the county board of canvassers shall

die, be absent, or from any casualty be prevented from serving on such

board, the remaining members of the county board of canvassers shall

select an elector to serve on the county board of canvassers in his such

member's place. If more than one member of the county board of can-

vassers shall die, be absent, or from any casualty be prevented from serv-

ing on the county board of canvassers, the remaining member or members

of the board and the county election officer shall jointly select two persons

electors to serve in their place. Functions and duties of the county election

officer may be performed by the deputy of the county election officer in

his the absence of the county election officer.

Sec. 8. K.S.A. 25-3801 is hereby amended to read as follows: 25-

3801. (a) At each primary election, the members of the party residing in

each precinct in each county of the state shall elect a man of their number

as precinct committeeman and a woman of their number as precinct

committeewoman. No person shall be eligible to be a candidate for or

hold the office of precinct committeeman or precinct committeewoman

of a party in any precinct unless such person actually lives, resides and

occupies a place of abode in such precinct, and is in all other respects a

qualified elector and is shown as a member of such party on the party

affiliation list, in the office of the county election officer. Except as pro-

vided in subsection (b), any vacancy occurring in the office of precinct

committeeman or committeewoman shall be promptly filled by appoint-

ment by the county chairperson, except that any vacancy which occurs

because the party had no candidate at such primary election shall not be

filled until the county central committee has elected or reelected its chair-

person under K.S.A. 25-3802 and amendments thereto. Not later than

three days after appointment of precinct committeemen and committee-

women, the county chairperson making the appointments shall notify the

county election officer of such appointments. The county election officer

shall make such appointments public immediately upon receipt thereof.

As used in this act, ``primary election'' means the statewide election held

in August of even-numbered years.

(b) When a convention is to be held under article 39 of chapter 25

of Kansas Statutes Annotated to fill a vacancy, no appointments shall be

made under subsection (a): (1) After the county chairperson has received

notice from the county election officer of a vacancy or a pending vacancy

in a county elected office; or (2) after the county chairperson in each

county, all or a part of which, is located within a legislative district has

received notice from the secretary of state of a vacancy or a pending

vacancy in a legislative office.

After the vacancy has been filled by a person elected at a convention

held under article 39 of chapter 25 of the Kansas Statutes Annotated, any

vacancy in the office of precinct committeeman or committeewoman shall

be filled as provided by subsection (a).

Sec. 9. K.S.A. 25-1122 is hereby amended to read as follows: 25-

1122. (a) Any registered voter may file with the county election officer

where such person is a resident, or where such person is authorized by

law to vote as a former precinct resident, an application for an advance

voting ballot. The signed application shall be transmitted only to the

county election officer by personal delivery, mail, facsimile or as otherwise

provided by law.

(b) Applications for advance voting ballots to be transmitted to the

voter by mail shall be filed only at the following times:

(1) For the primary election occurring on the first Tuesday in August

in even-numbered years, between April 1 of such year and the last busi-

ness day of the week preceding such primary election.

(2) For the general election occurring on the Tuesday succeeding the

first Monday in November in even-numbered years, between 90 days

prior to such election and the last business day of the week preceding

such general election.

(3) For the primary election held five weeks preceding the first Tues-

day in April, between January 1 of the year of such election and the last

business day of the week preceding such primary election.

(4) For the general election occurring on the first Tuesday in April,

between January 1 of the year of such election and the last business day

of the week preceding such general election.

(5) For question submitted elections occurring on the date of a pri-

mary or general election, the same as is provided for ballots for election

of officers at such election.

(6) For question submitted elections not occurring on the date of a

primary or general election, between the time of the first published notice

thereof and the last business day of the week preceding such question

submitted election, except that if the question submitted election is held

on a day other than a Tuesday, the county election officer shall determine

the final date for mailing of advance voting ballots, but such date shall

not be more than three business days before such election.

(7) For any special election of officers, at such time as is specified by

the secretary of state.

(8) For the presidential preference primary, between January 1 of

the year in which such primary is held and the last business day of the

week preceding such primary election.

The county election officer of any county may receive applications prior

to the time specified in this subsection (b) and hold such applications

until the beginning of the prescribed application period. Such applications

shall be treated as filed on that date.

(c) Unless an earlier date is designated by the county election office,

applications for advance voting ballots transmitted to the voter in person

in the office of the county election officer shall be filed on the Tuesday

next preceding the election and on each subsequent business day until

no later than 12:00 noon on the day preceding such election. If the county

election officer so provides, applications for advance voting ballots trans-

mitted to the voter in person in the office of the county election officer

also may be filed on the Saturday preceding the election. Upon receipt

of any such properly executed application, the county election officer shall

deliver to the voter such ballots and instructions as are provided for in

this act.

An application for an advance voting ballot filed by a sick, physically

disabled or illiterate voter or by a person rendering assistance to such

voter may be filed during the regular advance ballot application periods

until the close of the polls on election day.

In any county having a population exceeding 250,000, the county elec-

tion officer may designate places other than the central county election

office as satellite advance voting sites. At any satellite advance voting site,

a registered voter may obtain an application for advance voting ballots,

such ballots and instructions shall be delivered to the voter in the same

manner and subject to the same limitations as otherwise provided by this

subsection.

(d) Any person having a permanent physical disability or an illness

which has been diagnosed as a permanent illness is hereby authorized to

make an application for permanent advance voting status. Applications

for permanent advance voting status shall be in the form and contain such

information as is required for application for advance voting ballots and

also shall contain information which establishes the voter's right to per-

manent advance voting status.

(e) On receipt of any application filed under the provisions of this

section, the county election officer shall prepare and maintain in such

officer's office a list of the names of all persons who have filed such

applications, together with their correct post office address and the pre-

cinct, ward, township or voting area in which such persons claim to be

registered voters or to be authorized by law to vote as former precinct

residents and the present resident address of each applicant. Such names

and addresses shall remain so listed until the day of such election. The

county election officer shall maintain a separate listing of the names and

addresses of persons qualifying for permanent advance voting status. All

such lists shall be available for inspection upon request in compliance

with this subsection by any registered voter during regular business hours.

The county election officer upon receipt of such applications shall enter

upon a record kept by such officer the name and address of each appli-

cant, which record shall conform to the list above required. Before in-

spection of any advance voting ballot application list, the person desiring

to make such inspection shall provide to the county election officer iden-

tification in the form of driver's license or other reliable identification and

shall sign a log book or application form maintained by such officer stating

such person's name and address and showing the date and time of in-

spection. All records made by the county election officer shall be subject

to public inspection, except that the identifying number on ballots and

ballot envelopes and records of such number shall not be made public.

Sec. 10. K.S.A. 25-1124 is hereby amended to read as follows: 25-

1124. (a) Upon receipt of the advance voting ballot, the voter shall cast

such voter's vote as follows: The voter shall make a cross or check mark

in the square or parentheses opposite the name of each candidate or

question for whom the voter desires to vote. The voter shall make no

other mark, and shall allow no other person to make any mark, upon such

ballot. If the advance voting ballot was transmitted by mail, the voter

personally shall place the ballot in the ballot envelope bearing the same

number as the ballot and seal the envelope. The voter shall complete the

form on the ballot envelope and shall sign the same. Except as provided

by K.S.A. 25-2908, and amendments thereto, the ballot envelope shall be

mailed or otherwise transmitted to the county election officer. If the

advance voting ballot was transmitted to the voter in person in the office

of the county election officer or at a satellite advance voting site, the voter

may deposit such ballot into a locked ballot box without an envelope.

(b) Any sick, physically disabled or illiterate voter who is unable to

apply for or mark or transmit an advance voting ballot, may request as-

sistance by a person who has signed a statement required by subsection

(d) in applying for or marking an advance voting ballot.

(c) An application for an advance voting ballot filed by a sick, physi-

cally disabled or illiterate voter or by a person rendering assistance to

such voter may be filed during the regular advance ballot application

periods until the close of the polls on election day. Any voted ballot may

be transmitted to the county election officer by the voter or by another

person upon request of the voter. Any such voted ballot shall be trans-

mitted to the county election officer before the close of the polls on

election day.

(d) The county election officer shall allow a person to assist a sick,

physically disabled or illiterate voter in applying for or marking an appli-

cation or advance voting ballot, provided a written statement is signed by

the person who renders assistance to the sick, physically disabled or illit-

erate voter and submitted to the county election officer with the appli-

cation or ballot. The statement shall be on a form prescribed by the

secretary of state and shall contain a statement from the person providing

assistance that the person has not exercised undue influence on the voting

decision of the sick, physically disabled or illiterate voter and that the

person providing assistance has completed the application or marked the

ballot as instructed by the sick, physically disabled or illiterate voter.

(e) Any person assisting a sick, physically disabled or illiterate voter

in applying for or marking an advance voting ballot who knowingly and

willfully fails to sign and submit the statement required by this section or

who exercises undue influence on the voting decision of such voter shall

be guilty of a severity level 9 nonperson felony.

Sec. 11. K.S.A. 25-205, 25-213, 25-413, 25-611, 25-616, 25-618, 25-

1122, 25-1124, 25-3102 and 25-3801 are hereby repealed.

Sec. 12. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001