Session Law

Identifying Information:L. 2002 ch. 146
Other Identifying Information:2002 Senate Bill 502
Tax Type:Other
Brief Description:An Act concerning elections; relating to nominating petitions and voting information; relating to clean up amendments; amending K.S.A. 25-2020, 25-2110, 25-2110a, 25-2706, 25-4005 and 25-4324 and K.S.A. 2001 Supp. 25-2316c and 25-3102 and repealing the existing sections.
Keywords:


Body:

CHAPTER 146

SENATE BILL No. 502


An Act concerning elections; relating to nominating petitions and voting information; re-

lating to clean up amendments; amending K.S.A. 25-2020, 25-2110, 25-2110a, 25-2706,

25-4005 and 25-4324 and K.S.A. 2001 Supp. 25-2316c and 25-3102 and repealing the


existing sections.


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

Section 1. K.S.A. 25-2020 is hereby amended to read as follows: 25-

2020. (a) When a district method of election is in effect in any school

district, a person may become a candidate for election to board member

by any one of the following methods:

(1) Any person who is an elector in any member district may petition

to be a candidate for board member from the member district in which

such person resides. Any such person shall file with the county election

officer, a petition for such candidacy signed by not less than 50 electors

residing in such member district or by a number of such electors equal

to not less than 10% of the electors residing in such member district,

whichever is less.

(2) Any person who is an elector in any school district may petition

to be a candidate for board member at-large from the school district in

which such person resides. Any such person shall file with the county

election officer, a petition for such candidacy signed by not less than 50

electors residing in such school district.

(3) Any person who is an elector in any member district may become

a candidate for board member from the member district in which such

person resides by filing with the county election officer a declaration of

intention to become such a candidate, and payment therewith of a filing

fee in the amount of $5. Such declaration shall be prescribed by the

secretary of state.

(4) Any person who is an elector in any school district may become

a candidate for board member at-large from the school district in which

such person resides by filing with the county election officer a declaration

of intention to become such a candidate, and payment therewith of a

filing fee in the amount of $5. Such declaration shall be prescribed by

the secretary of state.

(5) Any such petition or declaration shall specify the member position

for which the person is a candidate.

(b) When the election at large method is in effect in any school dis-

trict, a person may become a candidate for election to board member by

either one of the following methods:

(1) Any person who is an elector of the school district may petition

to be a candidate for board member. Any such person shall file with the

county election officer a petition for such candidacy signed by not less

than 50 electors residing in the school district.

(2) Any person who is an elector in the unified school district may

become a candidate for board member by filing with the county election

officer a declaration of intention to become such a candidate, and pay-

ment therewith of a filing fee in the amount of $5. Such declaration shall

be prescribed by the secretary of state.

(3) Any such petition or declaration which is for an unexpired term

of a member shall so specify.

(c) Any such petition or declaration of intent must be filed before the

filing deadline. No candidate shall be permitted to withdraw from can-

didacy after the filing deadline.

(d) Within three days from the date of the filing of a nomination

petition or a declaration of intention to become a candidate for board

member, the county election officer shall determine the validity of such

petition or declaration.

(e) If a nomination petition or declaration is found to be invalid, the

county election officer shall notify the candidate on whose behalf the pe-

tition or declaration was filed that such nomination petition or declaration

has been found to be invalid and the reason for the finding. Such candi-

date may make objection to the finding of invalidity by the county election

officer in accordance with K.S.A. 25-308 and amendments thereto.

Sec. 2. K.S.A. 25-2110 is hereby amended to read as follows: 25-

2110. (a) In cities of the first and second class, any person desiring to

become a candidate for a city office elected at large shall file with the city

clerk before the filing deadline a statement of such candidacy on a form

furnished by the county election officer as specified by the secretary of

state. The city clerk of any city upon receiving any filing under this section

shall record the same and transmit it, together with the filing fee or pe-

tition herein provided, within three business days to the county election

officer. In cities of the third class, any person desiring to become a can-

didate for city office elected at large shall file with the county election

officer of the county in which the city is located, or of the county in which

the greater population of the city is located if the city extends into more

than one county, or the city clerk, before the filing deadline a statement

of candidacy on a form furnished by the county election officer as spec-

ified by the secretary of state.

(b) In cities having a population of less than 5,000, each such filing

shall be accompanied by a filing fee of $5 or, in lieu of such filing fee, by

a petition signed by 25 qualified electors of the city or by a number of

such qualified electors of the city equal to not less than 10% of the ballots

cast at the last general city election, whichever is less.

(c) In cities having a population of not less than 5,000 nor more than

100,000, each such filing shall be accompanied by a filing fee of $10 or,

in lieu of such filing fee, by a petition signed by 50 qualified electors of

the city or by a number of such qualified electors of the city equal to not

less than 1% of the ballots cast and counted at the last general city elec-

tion, whichever is less.

(d) In cities having a population of more than 100,000, each such

filing shall be accompanied by a filing fee of $50; or, in lieu of such filing

fee, by a petition signed by 100 qualified electors of the city or by a

number of qualified electors of the city equal to 1% of the ballots cast at

the last general city election, whichever is less.

(e) Within three days from the date of the filing of a nomination

petition or a declaration of intention to become a candidate for a city

office elected at large, the county election officer shall determine the va-

lidity of such petition or declaration.

(f) If a nomination petition or declaration is found to be invalid, the

county election officer shall notify the candidate on whose behalf the pe-

tition or declaration was filed that such nomination petition or declaration

has been found to be invalid and the reason for the finding. Such candi-

date may make objection to the finding of invalidity by the county election

officer in accordance with K.S.A. 25-308 and amendments thereto.

(g) All city elections shall be conducted by the county election officer

of the county in which such city is located, or of the county in which the

greater population of the city is located if the city extends into more than

one county.

Sec. 3. K.S.A. 25-2110a is hereby amended to read as follows: 25-

2110a. (a) In cities of the first and second class, any person desiring to

become a candidate for a city office elected from a district, shall file with

the city clerk before the filing deadline a statement of such candidacy on

a form furnished by the county election officer as specified by the sec-

retary of state. The city clerk of any city upon receiving any filing under

this section shall record the same and transmit it, together with the filing

fee or petition herein provided, within three business days to the county

election officer. In cities of the third class, any person desiring to become

a candidate for a city office elected from a district, shall file with the

county election officer of the county in which the city is located, or in the

county in which the greater population of the city is located if the city

extends into more than one county, or the city clerk, before the filing

deadline, a statement of candidacy on a form furnished by the county

election officer as specified by the secretary of state.

(b) In cities having a population of less than 5,000, each such filing

shall be accompanied by a filing fee of $5 or, in lieu of such filing fee, by

a petition signed by 25 qualified electors of the council district or by a

number of such qualified electors of the district equal to not less than

10% of the ballots cast in the district at the last general city election,

whichever is less.

(c) In cities having a population of not less than 5,000 nor more than

100,000, each such filing shall be accompanied by a filing fee of $10 or,

in lieu of such filing fee, by a petition signed by 50 qualified electors of

the council district or by a number of such qualified electors of the district

equal to not less than 1% of the ballots cast in the district at the last

general city election, whichever is less.

(d) In cities having a population of more than 100,000, each such

filing shall be accompanied by a filing fee of $50; or, in lieu of such filing

fee, by a petition signed by 100 qualified electors of the council district

or by a number of qualified electors of the district equal to 1% of the

ballots cast in the district at the last general city election, whichever is

less.

(e) Within three days from the date of the filing of a nomination

petition or declaration of intention to become a candidate for a city office

elected from a district, the county election officer shall determine the va-

lidity of such petition or declaration.

(f) If a nomination petition or declaration is found to be invalid, the

county election officer shall notify the candidate on whose behalf the pe-

tition or declaration was filed that such nomination petition or declaration

has been found to be invalid and the reason for the finding. Such candi-

date may make objection to the finding of invalidity by the county election

officer in accordance with K.S.A. 25-308 and amendments thereto.

(g) All city elections shall be conducted by the county election officer

of the county in which such city is located, or of the county in which the

greater population of the city is located if the city extends into more than

one county.

Sec. 4. K.S.A. 25-2706 is hereby amended to read as follows: 25-

2706. (a) The county election officer shall prepare and furnish copies of

all registrations and all books, maps, instructions and blanks needed for

the use and guidance of election boards and voters. County election of-

ficers may adopt such rules and regulations for elections as may be needed

and not in conflict with state law or rules and regulations. Such rules and

regulations shall be submitted to the secretary of state for approval.

(b) The county election officer shall furnish printed instructions to

election boards, defining their duties and the law governing elections.

(c) The county election officer shall furnish printed instructions to

voters and a list of voters' rights and responsibilities which shall be posted

in every voting place at every election, and wherever the secretary of state

deems it advisable, the instructions and a list of voters' rights and re-

sponsibilities shall be printed in English and in a language or languages

other than English.

(d) The secretary of state shall specify the form and contents of in-

structions to voters, list of voters' rights and responsibilities and instruc-

tions to election boards. Such specifications shall be transmitted to county

election officers and may be changed from time to time by the secretary

of state.

Sec. 5. K.S.A. 2001 Supp. 25-2316c is hereby amended to read as

follows: 25-2316c. (a) When a registered voter changes name by mar-

riage, divorce or legal proceeding, if such voter is otherwise qualified to

vote at such voting place such voter shall be allowed to vote a provisional

ballot at any election, or apply for an advance voting ballot, on the con-

dition that such voter first completes the application for registration pre-

scribed by K.S.A. 25-2309, and amendments thereto. Completion of the

application shall authorize the county election officer to update the reg-

istration records, if appropriate, for voting in future elections. The county

election officer shall send, by nonforwardable mail, a notice of disposition

to any voter completing such application.

(b) When a registered voter changes residence, such voter shall rer-

egister 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 elec-

tions. 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 pre-

scribed by the chief state election official.

(f) Except as otherwise provided by law, when a voter dies or is dis-

qualified for voting, the registration of the voter shall be void, and the

county election officer shall remove such voter's name from the registra-

tion 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 envi-

ronment 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 se-

curity 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.

Sec. 6. K.S.A. 2001 Supp. 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 can-

vassers in such member's place. If more than one member of the county

board of canvassers shall die, be absent, or from any casualty be prevented

from serving on the county board of canvassers, the remaining member

or members of the board and the county election officer in consultation

with the county election officer shall jointly select two 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 the absence of

the county election officer.

Sec. 7. K.S.A. 25-4005 is hereby amended to read as follows: 25-

4005. The nomination papers or petitions as mentioned in K.S.A. 25-

4004, and amendments thereto, 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 the ________ party, hereby

nominate



(Here insert name and city)

and state of Kansas as a candidate for the office of governor, and running with

such candidate ________



(Here insert name and city)

and state of Kansas as a candidate for the office of lieutenant governor to be voted for at

the primary 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 candidates herein

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

any other persons, for such offices at the next ensuing election.


(HEADING)
Name of

Signers

Street Number

or RR

(as Registered)

Name of

City

Date of

Signing

All nomination papers shall have substantially the foregoing form, writ-

ten 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.

Each signer of a nomination paper shall sign but one such paper for

governor and lieutenant governor, and shall declare that such signer in-

tends to support the candidates therein named, and shall add to the

signer's signature the signer's residence, if in a city, by street and number

(if any); or, otherwise by address as shown on such signer's registration.

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.

All signers of each separate nomination paper shall reside in the same

county. The affidavit of a registered voter who resides in such county

petition circulator who is a resident of the state of Kansas and has the

qualifications of an elector of the state of Kansas shall be appended to

each such nomination paper, stating that to the best of such voter's pe-

tition circulator's knowledge and belief, all the signers thereof are qual-

ified electors of that county; that the voter petition circulator knows that

they signed the same with full knowledge of the contents thereof; that

their respective residences are correctly stated therein; that each signer

signed the same on the date stated opposite such signer's name, and that

the affiant intends to support the candidates therein named. Such affidavit

shall be prima facie evidence of the facts therein stated. The person mak-

ing such affidavit shall be duly registered.

Such nomination papers shall be signed by not less than 1% of the total

vote of the party designated in the state. The basis of the percentage shall

be the vote of the party for secretary of state at the last preceding general

election of secretary of state; or, in case of a new party, the basis of a

percentage shall be the vote cast for the successful candidate for secretary

of state at the last preceding general election of secretary of state.

Sec. 8. K.S.A. 25-4324 is hereby amended to read as follows: 25-

4324. The petitions shall be circulated in person by a sponsor and only

in the election district in which such sponsor resides. No petition shall be

circulated in more than one county. The county election officer of the

county in which each petition is circulated shall certify to the county

election officer where petitions are required to be filed the sufficiency of

the signatures on the petition. Any registered elector of such election

district may subscribe to the petition by signing such elector's name and

address. A person who has signed the petition may withdraw such person's

name only by giving written notice to the county election officer where

petitions are to be filed before the date filed. The necessary signatures

on a petition shall be secured within 90 days from the date that the recall

committee receives notice that the county or district attorney has deter-

mined that the grounds for recall as stated in the petition are sufficient

as required by K.S.A. 25-4322, and amendments thereto. The petition

shall be signed only in ink. Illegible signatures unless accompanied by a

legible printed name may be rejected by the county election officer.

Sec. 9. K.S.A. 25-2020, 25-2110, 25-2110a, 25-2706, 25-4005 and 25-

4324 and K.S.A. 2001 Supp. 25-2316c and 25-3102 are hereby repealed.

Sec. 10. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 17, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002