Session Law

Identifying Information:L. 2001 ch. 128
Other Identifying Information:2001 Senate Bill 127
Tax Type:Other
Brief Description:An Act concerning elections; relating to election procedures; amending K.S.A. 25-205, 25- 302a, 25-303, 25-1122, 25-2304, 25-2309, 25-2316c, 25-2320, 25-3602, 25-4306, 25-4310 and 25-4320 and repealing the existing sections.
Keywords:


Body:

CHAPTER 128

SENATE BILL No. 127


An Act concerning elections; relating to election procedures; amending K.S.A. 25-205, 25-

302a, 25-303, 25-1122, 25-2304, 25-2309, 25-2316c, 25-2320, 25-3602, 25-4306, 25-4310

and 25-4320 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 petition circulator who is a resident of the state of

Kansas and has the qualifications of an elector of the state of Kansas 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 signing 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, if new boundary lines are defined and dis-

tricts 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 repre-

sentative 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, nomination petitions 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 com-

piled 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, if new boundary lines are defined and dis-

tricts established in the manner prescribed by law for the offices of rep-

resentative 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, 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 June 24, 1992.

(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, 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.

Sec. 2. K.S.A. 25-302a is hereby amended to read as follows: 25-

302a. Any political party seeking official recognition in this state after the

effective date of this act shall file in its behalf, not later than 12:00 noon,

June 1, prior to the primary election held on the first Tuesday of August

in even-numbered years, 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 a holiday petitions signed by qualified electors equal

in number to at least 2% of the total vote cast for all candidates for the

office of governor in the state in the last preceding general election. Such

petitions shall declare support for the official recognition of a political

party, the name of which shall be stated in the declaration. No political

party seeking official recognition shall assume a name or designation

which is similar, in the opinion of the secretary of state, to that of an

existing party as to confuse or mislead the voters at an election.

Petitions seeking official recognition of a political party shall be sub-

stantially in the following form:


PETITION SEEKING THE OFFICIAL RECOGNITION OF

THE __________ PARTY IN THE STATE OF KANSAS


I, the undersigned, hereby declare my support for the official recognition of the

________ Party.

I have personally signed this petition; I am a registered elector of the state of Kansas and

the County of ________, and my residence address is correctly written after my name.

NAME OF SIGNER ADDRESS AS REGISTERED[wsCITY[wsDATE OF SIGNING

Appended to each petition page or set of pages shall be an affidavit by

the circulator of the petition affirming that such circulator is a duly reg-

istered voter of the county in which the petition was circulated resident

of the state of Kansas and has the qualifications of an elector in Kansas

and that the circulator personally witnessed the signing of the petition by

each person whose name appears thereon. The affidavit shall be executed

before a person authorized to administer oaths and include the address

of the circulator.

Each page of such petition shall bear the names of registered voters of

a single county. All petitions shall be grouped according to the county in

which each was circulated before being filed with the secretary of state.

All such petitions shall be filed at one time. Any related petitions pre-

sented thereafter will be deemed to be separate and not a part of earlier

filings. County election officers shall cooperate with the secretary of state

in verifying the sufficiency of these petitions as required by law.

The secretary of state shall transmit such petitions to the county elec-

tion officer of each county for which petitions were presented to be ex-

amined for sufficiency pursuant to the provisions of K.S.A. 25-3601 et

seq. and amendments thereto and applicable regulations. Not more than

20 days following receipt of such petitions from the secretary of state, the

county election officer shall return these documents to the secretary of

state certifying the number of sufficient signatures thereon. The secretary

of state shall gather all petitions and determine whether a sufficient num-

ber of signatures was submitted. The secretary of state shall forthwith

notify the person who submitted the declaration of intent to circulate

such petitions of the sufficiency or insufficiency of the number of signa-

tures.

Sec. 3. K.S.A. 25-303 is hereby amended to read as follows: 25-303.

(a) This section shall not apply to city and school elections, nor to election

of other officers provided by law to be elected in April.

(b) All nominations other than party nominations shall be independ-

ent nominations. No person who has declared and retains a party affili-

ation in accordance with K.S.A. 25-3301 and amendments thereto shall

be eligible to accept an independent nomination for any office.

Independent nominations of candidates for any office to be filled by

the voters of the state at large may be made by nomination petitions

signed by not less than 5,000 qualified voters for each candidate and in

the case of governor and lieutenant governor for each pair of such can-

didates.

(c) Independent nominations of candidates for offices to be filled by

the voters of a county, district or other division less than a state may be

made by nomination petitions signed by voters equal in number to not

less than 4% of the current total of qualified voters of such county, district

or other division as compiled by the office of the secretary of state in the

case of state offices and as compiled in the office of the county election

officer and certified to the secretary of state in accordance with K.S.A.

25-2311, and amendments thereto, in the case of local offices, and in no

case to be signed by less than 25 nor more than 5,000 qualified voters of

such county, district or division, for each candidate.

(d) Independent nominations of candidates for offices to be filled by

the voters of a township may be made by nomination papers signed by

not less than 5% of the current total of qualified voters of such township,

computed as above provided, for each candidate, and in no case to be

signed by less than 10 such voters of such township for each candidate.

(e) The signatures to such nomination petitions need not all be ap-

pended to one paper, but each registered voter signing an independent

certificate of nomination shall add to the signature such petitioner's place

of residence and post office address. All signers of each separate nomi-

nation petition shall reside in the same county and election district of the

office sought. The affidavit of a qualified elector who resides in such

county and election district or of the candidate or a 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 petition and shall

contain, at the end of each set of documents carried by each circulator,

a verification, signed by the circulator, to the effect that such circulator

personally witnessed the signing of the petition by each person whose

name appears thereon. The person making such affidavit shall be duly

registered to vote.

(f) No such nomination paper shall contain the name of a candidate

for governor without in the same such paper containing the name of a

candidate for lieutenant governor, and if it does it shall be void.

(g) No person shall join in nominating more than one person for the

same office, and if this is done, the name of such petitioner shall not be

counted on any certificate.

Sec. 4. 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.

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.

(f) If a person on the permanent advance voting list fails to vote in

two consecutive general elections held on the Tuesday succeeding the first

Monday in November of each even-numbered year, the county election

officer may mail a notice to such voter. Such notice shall inform the voter

that the voter's name will be removed from the permanent advance voting

list unless the voter renews the application for permanent advance voting

status within 30 days after the notice is mailed. If the voter fails to renew

such application, the county election officer shall remove the voter's name

from the permanent advance voting list. Failure to renew the application

for permanent advance voting status shall not result in removal of the

voter's name from the voter registration list.

Sec. 5. K.S.A. 25-2309 is hereby amended to read as follows: 25-

2309. (a) Any person may apply in person, by mail, through a voter reg-

istration agency, or by other delivery to a county election officer to be

registered. Such application shall be made on: (1) A form approved by

the secretary of state, which shall be provided by a county election officer

or chief state election official upon request in person, by telephone or in

writing; or (2) the mail voter registration application prescribed by the

federal election commission. Such application shall be signed by the ap-

plicant under penalty of perjury and shall contain the original signature

of the applicant or the computerized, electronic or digitized transmitted

signature of the applicant.

(b) Applications made under this section shall give voter eligibility

requirements and such information as is necessary to identify the appli-

cant and to determine the qualifications of the applicant as an elector and

the facts authorizing such person to be registered, including, but not

limited to, the following data:

(1) Name;

(2) place of residence, including specific address or location, and

mailing address if the residence address is not a permissible postal ad-

dress;

(3) date of birth;

(4) sex;

(5) telephone number, if available;

(6) naturalization data (if applicable);

(7) if applicant has previously registered or voted elsewhere, resi-

dence at time of last registration or voting;

(8) when present residence established;

(9) name under which applicant last registered or voted, if different

from present name;

(10) an attestation that the applicant meets each eligibility require-

ment;

(11) a statement that the penalty for submission of a false voter reg-

istration application is a maximum presumptive sentence of 17 months in

prison;

(12) a statement that, if an applicant declines to register to vote, the

fact that the applicant has declined to register will remain confidential

and will be used only for voter registration purposes;

(13) a statement that if an applicant does register to vote, the office

to which a voter registration application is submitted will remain confi-

dential and will be used only for voter registration purposes; and

(14) political party affiliation declaration, if any. An applicant's failure

to make a declaration will result in the applicant being registered as an

unaffiliated voter.

If the application discloses any previous registration in any other county

or state, as indicated by paragraph (7) or (9), or otherwise, the county

election officer shall upon the registration of the applicant, give notice to

the election official of the place of former registration, notifying such

official of applicant's present residence and registration, and authorizing

cancellation of such former registration.

(c) Any person who applies for registration through a voter registra-

tion agency shall be provided with, in addition to the application under

subsection (b), a form which includes:

(1) The question ``If you are not registered to vote where you live

now, would you like to apply to register to vote here today?'';

(2) a statement that if the applicant declines to register to vote, this

decision will remain confidential and be used only for voter registration

purposes;

(3) a statement that if the applicant does register to vote, information

regarding the office to which the application was submitted will remain

confidential and be used only for voter registration purposes; and

(4) if the agency provides public assistance, (i) the statement ``Apply-

ing to register or declining to register to vote will not affect the amount

of assistance that you will be provided by this agency.'';

(ii) boxes for the applicant to check to indicate whether the applicant

would like to register or declines to register to vote, together with the

statement ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE

CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO

VOTE AT THIS TIME.'';

(iii) the statement ``If you would like help in filling out the voter

registration application form, we will help you. The decision whether to

seek or accept help is yours. You may fill out the application form in

private.''; and

(iv) the statement ``If you believe that someone has interfered with

your right to register or to decline to register to vote, your right to privacy

in deciding whether to register or in applying to register to vote, or your

right to choose your own political party or other political preference, you

may file a complaint with the Kansas Secretary of State.''

(d) If any person, in writing, declines to register to vote, the voter

registration agency shall maintain the form prescribed by subsection (c).

(e) A voter registration agency shall transmit the completed registra-

tion application to the county election officer not later than five days after

the date of acceptance. Upon receipt of an application for registration,

the county election officer shall send, by nonforwardable mail, a notice

of disposition of the application to the applicant at the postal delivery

address shown on the application. If a notice of disposition is returned as

undeliverable, a confirmation mailing prescribed by K.S.A. 25-2316c, and

amendments thereto, shall occur.

(f) If an application is received while registration is closed, such ap-

plication shall be considered to have been received on the next following

day during which registration is open.

(g) A person who completes an application for voter registration shall

be considered a registered voter when the county election officer adds

the applicant's name to the county voter registration list.

(h) Any registered voter whose residence address is not a permissible

postal delivery address shall designate a postal address for registration

records. When a county election officer has reason to believe that a voter's

registration residence is not a permissible postal delivery address, the

county election officer shall attempt to determine a proper mailing ad-

dress for the voter.

(i) Any registered voter may request that such person's residence ad-

dress be concealed from public inspection on the voter registration list

and on the original voter registration application form. Such request shall

be made in writing to the county election officer, and shall specify a clearly

unwarranted invasion of personal privacy or a threat to the voter's safety.

Upon receipt of such a request, the county election officer shall take ap-

propriate steps to ensure that such person's residence address is not pub-

licly disclosed. Nothing in this subsection shall be construed as requiring

or authorizing the secretary of state to include on the voter registration

application form a space or other provision on the form that would allow

the applicant to request that such applicant's residence address be con-

cealed from public inspection.

Sec. 6. K.S.A. 25-2316c is hereby amended to read as follows: 25-

2316c. (a) When a registered voter changes name by marriage, 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 condition that such

voter 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 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) 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. 7. K.S.A. 25-3602 is hereby amended to read as follows: 25-

3602. (a) Each petition shall consist of one or more documents pertaining

to a single issue or proposition under one distinctive title. The documents

shall be filed with the county election officer or other official, if another

official is designated in the applicable statutes. The filing shall be made

at one time all in one group. Later or successive filings of documents

relating to the same issue or proposition shall be deemed to be separate

petitions and not a part of any earlier or later filing.

(b) Each petition shall, unless otherwise specifically required: (1)

State the question which petitioners seek to bring to an election in the

form of a question as it should appear upon the ballot in accordance with

the requirements of K.S.A. 25-620 and amendments thereto;

(2) name the taxing subdivision or other political subdivision in which

an election is sought to be held;

(3) contain the following recital above the spaces provided for sig-

natures: ``I have personally signed this petition. I am a registered elector

of the state of Kansas and of



(here insert name of political or taxing subdivision)

and my residence address is correctly written after my name.''

The recital shall be followed by blank spaces for the signature, resi-

dence address and date of signing for each person signing the petition.

When petitioners are required by law to possess qualifications in ad-

dition to being registered electors, the form of the petition shall be

amended to contain a recital specifying the additional qualifications re-

quired and stating that the petitioners possess the qualifications; and

(4) contain the following recital, at the end of each set of documents

carried by each circulator: ``I am the circulator of this petition and a

resident of the state of Kansas and possess the qualifications of an elector

of the state of Kansas. I have personally witnessed the signing of the

petition by each person whose name appears thereon.'' I am a resident

and a registered elector of the state of Kansas and of

,


(here insert name of political or taxing subdivision)

the political or taxing subdivision in which the election is sought to be

held.



(Signature of circulator)



(Circulator's residence address)

The recital of the circulator of each petition shall be verified upon oath

or affirmation before a notarial officer in the manner prescribed by K.S.A.

53-501, et. seq. and amendments thereto.

(c) Any person who has signed a petition who desires to withdraw

such person's name may do so by giving written notice to the county

election officer or other designated official not later than the third day

following the date upon which the petition is filed.

(d) Any petition shall be null and void unless submitted to the county

election officer or other designated official within 180 days of the date of

the first signature on the petition.

(e) Unless the governing body of the political or taxing subdivision in

which the election is sought to be held authorizes a special election, all

elections which are called as a result of the filing of a sufficient petition

shall be held at the next succeeding primary or general election as defined

by K.S.A. 25-2502, and amendments thereto, in which the political or

taxing subdivision is participating.

(f) When a petition requires signatures equal in number to a per-

centage of the total number of registered voters, such percentage shall

be based on the most recent number of registered voters as certified to

the office of the secretary of state pursuant to subsection (f) of K.S.A. 25-

2311, and amendments thereto.

Sec. 8. K.S.A. 25-4306 is hereby amended to read as follows: 25-

4306. The application under K.S.A. 25-4305 shall include (a) the name

and office of the person sought to be recalled, (b) the grounds for recall

described in particular in not more than two hundred (200) 200 words,

(c) a statement that the sponsors are registered electors residents of the

state of Kansas and possess the qualifications of an elector of the state of

Kansas and who signed the application with the statement of grounds for

recall attached, (d) the designation of a recall committee of three sponsors

who shall represent all sponsors and subscribers in matters relating to the

recall, (e) the designation of at least one hundred (100) registered electors

100 residents of the state of Kansas who possess the qualifications of elec-

tors of the state of Kansas and who subscribe to the application as sponsors

for purposes of circulation, and (f) the signatures and addresses of reg-

istered electors in the state or election district of the state officer sought

to be recalled equal in number to not less than ten percent (10%) 10%

of the votes cast for the office of the officer sought to be recalled in the

last general election at which a person was elected to such office.

Sec. 9. K.S.A. 25-4310 is hereby amended to read as follows: 25-4310.

The petitions may be circulated only by a sponsor who is a registered elector

in the county in which the sponsor circulates the petition resident of the

state of Kansas and possesses the qualifications of an elector of the state of

Kansas and only in person throughout the state or election district of the

state officer sought to be recalled. No copy of a petition shall be circulated

in more than one county, and the county election officer of the county in

which each petition is circulated shall certify to the secretary of state the

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

election district or of the state, as the case may be, may subscribe to the

petition by signing the elector's name and address as the same appears on

the voter registration books. A person who has signed the petition may

withdraw such person's name only by giving written notice to the secretary

of state before the date the petition is filed. The necessary signatures on a

petition shall be secured within 90 days from the date that the petitions

prepared by the secretary of state pursuant to K.S.A. 25-4309, and amend-

ments thereto, are delivered to the recall committee. The petition shall be

signed only in ink. Illegible signatures unless accompanied by a legible

printed name may be rejected by the secretary of state or by any county

election officer assisting the secretary of state.

Sec. 10. K.S.A. 25-4320 is hereby amended to read as follows: 25-

4320. (a) Each petition for recall of a local officer shall include: (1) The

name and office of the local officer sought to be recalled; (2) the grounds

for recall described in particular in not more than 200 words; (3) a state-

ment that the petitioners petition signers are registered electors of the

election district of the local officer sought to be recalled; (4) the names

and addresses of three registered electors of the election district of the

officer sought to be recalled who shall comprise the recall committee; (5)

the statement of warning required in K.S.A. 25-4321, and amendments

thereto; and (6) a statement that a list of all sponsors authorized to cir-

culate recall petitions for such recall may be examined in the office of the

county election officer where the petition is required to be filed. Each

sponsor shall be a registered elector of the election district of the local

officer sought to be recalled and of the county in which such sponsor

circulates the petition resident of the state of Kansas and possess the

qualifications of an elector of the state of Kansas.

(b) Each page of a petition for recall of a local officer shall be in

substantially the following form:

I, the undersigned, hereby seek the recall of



from the office of

, on the ground(s)

that

,


(state specific grounds)

and declare that I am a registered elector of



County, Kansas, and of the election district of the officer named above.

Name of

Signer

Street Number

or RR

(as Registered)

Name of

City

Date of Signing
NOTE:

1. It is a class B misdemeanor to sign a name other than your own name to this petition,

to knowingly sign more than once for the recall of the same officer at the same election

or to sign this petition knowing you are not a registered elector.

2. The following comprise the recall committee:


(names and resident addresses)

3. A list of all sponsors authorized to circulate petitions for this recall may be examined

in the office of the ________ County election officer.

(c) A county election officer shall provide a sample of the form pre-

scribed by subsection (b) upon request by any person.

(d) The affidavit required by K.S.A. 25-4325, and amendments

thereto, shall be appended to each petition for recall of a local officer.

Sec. 11. K.S.A. 25-2304 is hereby amended to read as follows: 25-

2304. (a) The county election officer shall maintain registration books to

register all citizens entitled to be registered by such county election of-

ficer under the provisions of this act. Such registration books may be in

such form as may be authorized by the secretary of state.

The secretary of state shall prescribe by rules and regulations adopted

as provided by law suitable provisions to assure the reasonable safety and

reliability of registration books and applications for registration. Such

rules and regulations may make specific provisions relating to any one or

more of the types of registration books authorized by the secretary of

state.

(b) The secretary of state shall establish a centralized voter registra-

tion database. Such database shall include all necessary voter registration

information from every county within the state of Kansas. The secretary

of state shall include in such database a list of active voters and a separate

list of voters who have failed to vote at two consecutive state or national

general elections or who have failed to respond to a confirmation notice

sent pursuant to subsection (e) of K.S.A. 25-2316c, and amendments

thereto.

(c) County election officers shall maintain voter registration records

as required by law and transmit data in the manner prescribed by rules

and regulations adopted pursuant to this section.

(d) The secretary of state shall adopt rules and regulations to insure

the reasonable safety and reliability of the information contained in the

central voter registration database and voter lists required by this section

and to prescribe the type of data, the frequency, and the manner in which

it is transferred to such central location.

Sec. 12. K.S.A. 25-2320 is hereby amended to read as follows: 25-

2320. The county election officer shall allow access to any person at any

time during regular business hours, under supervision of the county elec-

tion officer for the purpose of examining the voter registration books,

active voter lists and other lists of voters required to be kept. Any person

may make a written request for a copy of the registration books and voter

lists at any time except on any election day. The election officer is hereby

directed to provide one or more copies which are accurate insofar as

practicable of such books and lists to the person so requesting. The elec-

tion officer shall provide such copies to the person within 10 days follow-

ing the request if so requested. The expense of making such copies shall

be paid by the person requesting them. The cost of copies shall be estab-

lished by the county election officer at a price which is not more than the

actual cost and shall be set uniformly in order that the price therefor shall

be the same for all persons requesting identical copies.

Sec. 13. K.S.A. 25-205, 25-302a, 25-303, 25-1122, 25-2304, 25-2309,

25-2316c, 25-2320, 25-3602, 25-4306, 25-4310 and 25-4320 are hereby

repealed.

Sec. 14. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 19, 2000.


__________




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