Session Law

Identifying Information:L. 2001 ch. 124
Other Identifying Information:2001 Senate Bill 126
Tax Type:Other
Brief Description:An Act concerning elections; relating to recounts for statewide offices; relating to hours of voting; amending K.S.A. 25-106, 25-409 and 25-3107 and repealing the existing sections.
Keywords:


Body:

CHAPTER 124

SENATE BILL No. 126


An Act concerning elections; relating to recounts for statewide offices; relating to hours

of voting; amending K.S.A. 25-106, 25-409 and 25-3107 and repealing the existing sections.




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

Section 1. K.S.A. 25-3107 is hereby amended to read as follows: 25-

3107. (a) At the time of commencement of any canvass by the county

board of canvassers the county election officer shall present to the county

board of canvassers the preliminary abstracts of election returns, together

with the ballots and records returned by the election boards. The county

board of canvassers shall inspect and check the records presented by the

county election officer and shall hear any questions which the county

election officer believes appropriate for determination of the board. The

county board of canvassers shall do what is necessary to obtain an accurate

and just canvass of the election and shall finalize the preliminary abstract

of election returns by making any needed changes, and certifying its au-

thenticity and accuracy. The certification of the county board of canvass-

ers shall be attested by the county election officer. Neither the county

board of canvassers nor the county election officer shall open or unseal

sacks or envelopes of ballots, except as is required by K.S.A. 25-409, 25-

1136 and 25-1337, and amendments thereto, or other specific provision

of law or as is authorized to carry out a recount under subsection (b).

(b) If a majority of the members of the county board of canvassers

shall determine that there are manifest errors appearing on the face of

the poll books of any election board, which might make a difference in

the result of any election, or if any candidate shall request the recount of

the ballots cast in all or in only specified voting areas for the office for

which such person is a candidate, or if any registered elector who cast a

ballot in a question submitted election requests a recount in all or only

specified voting areas to determine the result of the election, the county

board of canvassers shall cause a special election board appointed by the

county election officer to meet under the supervision of the county elec-

tion officer and recount the ballots with respect to any office or question

submitted specified by the county board of canvassers or requested by

such candidate or elector. If a recount is required in a county that uses

optical scanning systems as defined in K.S.A. 25-4601 et seq., and amend-

ments thereto, or electronic or electromechanical voting systems, as de-

fined in K.S.A. 25-4401, and amendments thereto, the method of con-

ducting the recount shall be at the discretion of the person requesting

such recount. The county election officer shall not be a member of such

special election board. Before the special election board meets to recount

the ballots upon a properly filed request, the party who makes the request

shall file with the county election officer a bond, with security to be ap-

proved by the county or district attorney, conditioned to pay all costs

incurred by the county in making such recount. In the event that the

candidate requesting the recount is declared the winner of the election

as a result of the recount, or if as a result of the recount a question

submitted is overturned, no action shall be taken on the person's bond

and the county shall bear the costs incurred for the recount. Any recount

requested must be requested in writing of and filed with the county elec-

tion officer not later than 12:00 noon on the Monday following the elec-

tion. The request shall specify which voting areas are to be recounted.

The county election officer shall immediately notify any candidate in-

volved in the election for which such recount is requested, or shall notify

the county chairperson of each candidates party. Any such recount shall

be initiated not later than the following day and shall be completed not

later than the Friday of such week at 5:00 p.m. Upon completion of any

recount under this subsection, the election board shall package and reseal

the ballots as provided by law and the county board of canvassers shall

complete its canvass. The members of the special election board shall be

paid as prescribed in K.S.A. 25-2811 and amendments thereto for time

actually spent making the recount.

(c) (1) The provisions of this subsection shall apply to candidates at

any election for:

(A) Any state or national office elected on a statewide basis;

(B) the office of president or vice president of the United States;

(C) the office of members of United States house of representatives;

(D) office of members of state senate or house of representative whose

district is located in two or more counties; and

(E) office of members of state board of education.

(2) Any candidate may request a recount in one or more counties.

Any such recount must be requested in writing and filed with the secretary

of state not later than 12:00 noon on the Monday following the election

and shall specify which counties are to be recounted. If a recount is re-

quired in a county that uses optical scanning systems as defined in K.S.A.

25-4601, and amendments thereto, or electronic or electromechanical vot-

ing systems, as defined in K.S.A. 25-4401, and amendments thereto, the

method of conducting the recount shall be at the discretion of the person

requesting such recount. Except as provided by this subsection and sub-

section (d), the person requesting the recount shall file with the secretary

of state a bond, with security to be approved by the secretary of state,

conditioned to pay all costs incurred by the counties and the secretary of

state in making such recount. The amount of the bond shall be determined

by the secretary of state. A candidate described in paragraphs (D) and

(E) of subsection (c)(1) may post a bond as provided by subsection (b) in

lieu of the bond required by this subsection. In the event that the candi-

date requesting the recount is declared the winner of the election as a

result of the recount, no action shall be taken on the candidate's bond and

the counties shall bear the costs incurred for the recount.

(3) The secretary of state immediately shall notify each county elec-

tion officer affected by the recount and any candidate involved in the

election for which such recount is requested. If the candidate cannot be

reached, then the secretary of state shall notify the state chairperson of

such candidate's party. Any such recount shall be conducted under the

supervision of the county election officers at the direction of the secretary

of state, and shall be initiated not later than the following day and shall

be completed not later than the Friday of such week at 5:00 p.m. Each

county election officer involved in the recount shall appoint a special elec-

tion board to recount the ballots. The members of the special election

board shall be paid as prescribed in K.S.A. 25-2811 and amendments

thereto for time actually spent making the recount. Upon completion of

any recount under this subsection, the special election board in each

county shall package and reseal the ballots as provided by law and the

county board of canvassers shall complete its canvass. The county election

officer in each county immediately shall certify the results of the recount

to the secretary of state.

(d) (1) The provisions of this subsection shall apply to candidates at

general elections for:

(A) Any state or national office elected on a statewide basis;

(B) the office of president or vice president of the United States;

(C) the office of members of United States house of representatives;

(D) office of members of state senate or house of representative; and

(E) office of members of state board of education.

(2) Whenever the election returns reflect that a candidate for office

was defeated by one-half of one percent or less of the total number of

votes cast and if such candidate requests a recount in one or more counties

of the ballots, the state shall bear the cost of any recount performed using

the method by which such ballots were counted originally.

(3) Not later than 60 days following a recount conducted pursuant to

this subsection, the board of county commissioners of each county in

which the recount occurred shall certify to the secretary of state the

amount of all necessary direct expenses incurred by the county. Payment

for such expenses shall be made to the county treasurer of the county

upon warrants of the director of accounts and reports pursuant to vouch-

ers approved by the secretary of state. Upon receipt of such payment and

reimbursements, the county treasurer shall deposit the entire amount

thereof in the county election fund, if there is one and if there is not then

to the county general fund.

(4) The secretary of state, with the advice of the director of accounts

and reports, shall determine the correctness of each amount certified un-

der this section and adjust any discrepancies discovered before approving

vouchers for payment to any county.

Sec. 2. K.S.A. 25-106 is hereby amended to read as follows: 25-106.

(a) The provisions of this subsection shall apply to all counties in Kansas

located in the central time zone.

At all national, state, county and township primary and general elec-

tions the polls shall open at 7:00 a.m. and close at 7:00 p.m., unless dif-

ferent hours are set and publicly announced by the county election offi-

cer. In the event that different hours are so If different hours are set, the

polls shall be open at least twelve (12) 12 continuous hours commencing

not earlier than 6:00 a.m. and ending not later than 8:00 p.m. and ending

not earlier than 7:00 p.m. The secretary of state shall adopt rules and

regulations specifying the time and manner of setting and announcing any

change of hours under authority of this section subsection.

(b) The provisions of this subsection shall apply to all counties in

Kansas located in the mountain time zone.

At all national, state, county and township primary and general elec-

tions the polls shall open at 6:00 a.m. and close at 6:00 p.m., unless dif-

ferent hours are set and publicly announced by the county election officer.

If different hours are set, the polls shall be open at least 12 continuous

hours commencing not earlier than 5:00 a.m. and ending not later than

7:00 p.m. and ending not earlier than 6:00 p.m. The secretary of state

shall adopt rules and regulations specifying the time and manner of setting

and announcing any change of hours under authority of this subsection.

Sec. 3. K.S.A. 25-409 is hereby amended to read as follows: 25-409.

(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 amend-

ments thereto, such person shall be permitted to subscribe the application

for registration and mark a ballot. The ballot shall thereupon be sealed

in an envelope. The judges shall write on the envelope the word ``provi-

sional'' and a statement of the reason for the challenge, and that the ballot

contained in the envelope is the same ballot which was challenged pur-

suant 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 appli-

cation 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.

Such provisional ballots, together with objected to and void ballots pack-

aged in accordance with K.S.A. 25-3008, and amendments thereto, shall

be opened and reviewed by the county board of canvassers at the time

prescribed for canvassing votes, and such board shall determine the ac-

ceptance 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.

Sec. 4. K.S.A. 25-106, 25-409 and 25-3107 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 18, 2000.


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