Session Law

Identifying Information:L. 2001 ch. 125
Other Identifying Information:2001 Senate Bill 128
Tax Type:Other
Brief Description:An Act concerning election crimes; prohibiting certain activities and imposing criminal penalties therefore; amending K.S.A. 25-1128, 25-2415 and 25-2430 and repealing the existing sections.
Keywords:


Body:

CHAPTER 125

SENATE BILL No. 128


An Act concerning election crimes; prohibiting certain activities and imposing criminal

penalties therefore; amending K.S.A. 25-1128, 25-2415 and 25-2430 and repealing the existing sections.




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

New Section 1. (a) Voter registration suppression is knowingly: (1)

Destroying any application for voter registration signed by a person pur-

suant to K.S.A. 25-2309, and amendments thereto, (2) obstructing the

delivery of any such signed application to the county election officer or

the chief state election official, or (3) failing to deliver any such application

to the appropriate county election officer or the chief state election official

as required by law.

(b) Voter registration suppression is a severity level 10, nonperson

felony.

Sec. 2. K.S.A. 25-2415 is hereby amended to read as follows: 25-

2415. (a) Intimidation of voters is: (1) intimidating, threatening, coercing

or attempting to intimidate, threaten, or coerce any person for the pur-

pose of interfering with the right of such person to vote or to vote as he

may choose, or of causing such person to vote for, or not to vote for, any

candidate for any office or question submitted at any election; or

(2) mailing, publishing, broadcasting, telephoning or transmitting by

any means false information intended to keep one or more voters from

casting a ballot or applying for or returning an advance voting ballot.

(b) Intimidation of voters is a class A misdemeanor severity level 7,

nonperson felony.

Sec. 3. K.S.A. 25-2430 is hereby amended to read as follows: 25-

2430. (a) Electioneering at polling places is Electioneering is knowingly

electioneering on election day attempting to persuade or influence eligible

voters to vote for or against a particular candidate, party or question

submitted. Electioneering includes wearing, exhibiting or distributing la-

bels, signs, posters, stickers or other materials that clearly identify a can-

didate in the election or clearly indicate support or opposition to a ques-

tion submitted election within any polling place on election day or advance

voting site during the time period allowed by law for casting a ballot by

advance voting or within a radius of two hundred fifty (250) 250 feet from

the entrance thereof. As used in this section, electioneering means an

attempt to persuade or influence by any means, eligible voters, to vote

for or against a particular candidate, party or question submitted. Elec-

tioneering shall not include bumper stickers affixed to a motor vehicle that

is used to transport voters to a polling place or to an advance voting site

for the purpose of voting.

(b) As used in this section, ``advance voting site'' means the central

county election office or satellite advance voting sites designated as such

pursuant to subsection (c) of K.S.A. 25-1122, and amendments thereto.

(c) Electioneering at polling places is a class C misdemeanor.

Sec. 4. K.S.A. 25-1128 is hereby amended to read as follows: 25-

1128. (a) No voter shall mark or transmit to the county election officer

more than one advance voting ballot, or set of one of each kind of ballot,

if the voter is entitled to vote more than one such ballot at a particular

election.

(b) Except as provided in K.S.A. 25-1124, and amendments thereto,

no person shall interfere with or delay the transmission of any advance

voting ballot application from a voter to the county election officer, nor

shall any person mail, fax or otherwise cause the application to be sent to

a place other than the county election office. Any person or group en-

gaged in the distribution of advance voting ballot applications shall mail,

fax or otherwise deliver any application signed by a voter to the county

election office within 48 hours two days after such application is signed

by the applicant.

(c) Except as otherwise provided by law, no person other than the

voter, shall mark, sign or transmit to the county election officer any ad-

vance voting ballot or advance voting ballot envelope.

(d) No person, unless authorized by K.S.A. 25-1122 or K.S.A. 25-

1124, and amendments thereto, shall intercept, interfere with, or delay

the transmission of advance voting ballots from the county election officer

to the voter.

(e) No person shall willfully and falsely affirm, declare or subscribe

to any material fact in an affirmation form for an advance voting ballot,

or set of advance voting ballots if the voter is entitled to vote more than

one kind of advance voting ballot at a particular election, or in a decla-

ration form on an advance voting ballot envelope.

(f) Nothing in this section shall be construed to prohibit any person

from mailing, carrying or otherwise conveying advance voting ballots or

sets of advance voting ballots to the county election officer upon request

of advance voting voters.

(g) Violation of any provision of this section is a class C misdemeanor.

Sec. 5. K.S.A. 25-1128, 25-2415 and 25-2430 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved April 18, 2000.

Published in the Kansas Register April 26, 2000.


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