Session Law

Identifying Information:L. 2002 ch. 130
Other Identifying Information:2002 House Bill 2996
Tax Type:Other
Brief Description:An Act concerning elections; relating to the time of canvass by the county board of canvassers; amending K.S.A. 25-3104 and K.S.A. 2001 Supp. 25-3107 and repealing the existing sections.
Keywords:


Body:

CHAPTER 130

HOUSE BILL No. 2996


An Act concerning elections; relating to the time of canvass by the county board of can-

vassers; amending K.S.A. 25-3104 and K.S.A. 2001 Supp. 25-3107 and repealing the


existing sections.


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

Section 1. K.S.A. 25-3104 is hereby amended to read as follows: 25-

3104. The original canvass of every election shall be performed by the

election boards at the voting places. The county election officer shall

present the original returns, together with the ballots, books and any other

records of the election, for the purpose of canvass, to the county board

of canvassers at any time between 8:00 o'clock a.m. and 10:00 o'clock a.m.

on the Friday next following any election held on a Tuesday, except that

the county election officer may move the canvass to the Monday next

following the election if notice is published prior to the canvass in a news-

paper with general circulation in the county. For elections not held on a

Tuesday, the canvass by the county board of canvassers shall be held on

a day and hour designated by it, and not later than the fifth day following

the day of such election.

Sec. 2. K.S.A. 2001 Supp. 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 pre-

sented 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 prelim-

inary abstract of election returns by making any needed changes, and

certifying its authenticity and accuracy. The certification of the county

board of canvassers shall be attested by the county election officer. Nei-

ther 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 and filed with the county election

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

or, if the canvass is held on Monday, not later than 5:00 p.m. on the

Tuesday next following the election. The request shall specify which voting

areas are to be recounted. The county election officer shall immediately

notify any candidate involved in the election for which such recount is

requested, or shall notify the county chairperson of each candidates can-

didate's party. Any such recount shall be initiated not later than the fol-

lowing day and shall be completed not later than the 5:00 p.m. on Friday

of such week at 5:00 p.m or, if the recount request is made on the Tuesday

after the election because of a Monday canvass, not later than 5:00 p.m.

the next following Monday. Upon completion of any recount under this

subsection, the election board shall package and reseal the ballots as pro-

vided 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 sec-

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

election and or, if the canvass in one or more counties in the district is

held on Monday, not later than 5:00 p.m. on the Tuesday next following

the election. The request shall specify which counties are to be recounted.

If a recount is required in a county that uses optical scanning systems as

defined in K.S.A. 25-4601, and amendments thereto, or electronic or

electromechanical voting 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 subsection (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 sub-

section. In the event that the candidate 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 in-

curred 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 5:00 p.m. on Friday of such week at 5:00

p.m or, if the request is made on the Tuesday after the election because

of a Monday canvass, not later than 5:00 p.m. on the next following Mon-

day. Each county election officer involved in the recount shall appoint a

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

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

ments thereto for time actually spent making the recount. Upon comple-

tion 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 coun-

ties 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

under this section and adjust any discrepancies discovered before ap-

proving vouchers for payment to any county.

Sec. 3. K.S.A. 25-3104 and K.S.A. 2001 Supp. 25-3107 are hereby

repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 16, 2002.


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