Session of 1999
HOUSE BILL No. 2340
By Representative Hermes
9 AN ACT concerning elections; relating to advance ballots; amending
10 K.S.A. 1998 Supp. 25-1135, 25-1136 and 25-3002 and repealing the
11 existing sections.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 25-1135 is hereby amended to read as
15 follows: 25-1135. The special election boards established under K.S.A.
16 25-1133, and amendments thereto, shall canvass advance voting ballots
17 as is provided by
law K.S.A. 25-3001, et seq., and amendments thereto,
18 for the original canvass of ballots at voting places, except as is otherwise
19 provided in this section and K.S.A. 25-1136, and amendments thereto.
20 The supervising judge of the special election board shall announce in a
21 clear and distinct voice the names of the advance voting voters whose
22 ballots have been received
, and thereupon,. The clerk of the election
23 board shall check the names of such voters upon the advance voting voter
24 list prescribed by K.S.A. 25-1126, and amendments thereto. If a ballot
25 has been received from a voter whose name is not on such list, the name
26 shall be entered on the advance voting poll book. One of the judges shall
27 open each ballot envelope without defacing the form printed thereon and
28 without mutilating the enclosed ballot or ballots. Such ballots shall then
29 be disposed of as if the advance voting voters were present. One of the
30 judges shall clip the numbers from the ballots and deposit them in the
31 proper ballot boxes without unfolding them. Until the closing of the polls,
32 at least 25 ballots shall remain uncounted in each ballot box.
33 Sec. 2. K.S.A. 1998 Supp. 25-1136 is hereby amended to read as
34 follows: 25-1136. (a) The vote of any advance voting voter may be chal-
35 lenged in the same manner as other votes are challenged
, as nearly as
may be, and. The judges of the special election board shall determine the
37 validity of each advance voting ballot. Whenever the judges determine
38 that the form accompanying an advance voting ballot is insufficient, or
39 that the voter is not a registered voter, or the challenge is otherwise
40 sustained, the advance voting ballot envelope shall not be opened. In all
41 such cases, the judges shall endorse on the back of the envelope the word
42 "provisional" and state the reason for sustaining the challenge.
43 (b) Any advance voting ballot envelope which has not been signed
44 shall not be opened, and no vote on the ballot therein shall be counted.
45 Such envelope or ballot shall be challenged in the same manner in which
46 other votes are challenged.
(c) Whenever it shall be made to appear to the judges of a special
election board by sufficient proof that an advance voting voter has died,
the envelope containing the advance voting ballot of such deceased voter
shall not be opened. In all such cases, the judges shall endorse on the
back of the envelope the word "provisional" and the reason for sustaining
(d) (c) If objection is made to an advance voting ballot because of
54 form, condition
, or marking thereof, the ballot shall be marked "void" if
55 the judges uphold the objection to the entire ballot, and otherwise shall
56 be marked on the back thereof, "objected to" with a statement of the
57 substance of the objection.
(e) (d) Void, provisional and objected to advance voting ballots shall
59 be transmitted to the county election officer in the same manner as per-
60 sonally cast provisional ballots are transmitted but shall be placed in sep-
61 arate envelopes or sacks, appropriately labeled and sealed. Votes con-
62 tained in void and provisional advance voting ballots shall not be included
63 in the total of votes certified by the special election board. Void, provi-
64 sional and objected to advance voting ballots shall be reviewed by the
65 board of county canvassers, and such board shall
finally determine the
66 acceptance or rejection of each void, provisional or objected to ballot.
67 Sec. 3. K.S.A. 1998 Supp. 25-3002 is hereby amended to read as
68 follows: 25-3002. (a) The rules prescribed in this section shall apply to:
69 (1) The original canvass by election boards.
70 (2) Intermediate and final canvasses by county boards of canvassers.
71 (3) Final canvass by the state board of canvassers.
72 (4) All election contests.
73 (5) All other officers canvassing or having a part in the canvass of any
75 (b) Rules for canvassers:
76 (1) No ballot, or any portion thereof, shall be invalidated by any tech-
77 nical error unless it is impossible to determine the voter's intention. De-
78 termination of the voter's intention shall rest in the discretion of the board
79 canvassing in the case of a canvass and in the election court in the case
80 of an election contest.
81 (2) The occurrences listed in this
subpart paragraph (2) shall not
82 invalidate the whole ballot but shall invalidate that portion, and that por-
83 tion only, in which the occurrence appears. The votes on such portion of
84 the ballot shall not be counted for any candidate listed or written in such
85 portion, but the remainder of the votes in other portions of the ballot
86 shall be counted. The occurrences to which this
subpart paragraph (2)
87 shall apply are:
88 (A) Whenever a voting mark shall be made in the square at the left
89 of the name of more than one candidate for the same office, except when
90 the ballot instructs that more than one candidate is to be voted.
91 (B) Whenever a voting mark is placed in the square at the left of a
92 space where no candidate is listed.
93 (c) A write-in vote for those candidates for the offices of governor
94 and lieutenant governor shall not be counted unless the pair of candidates
95 have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amend-
96 ments thereto, and:
97 (1) Both candidates' names are written on the ballot; or
98 (2) only the name of the candidate for governor is written on the
100 (d) A write-in vote for those candidates for the offices of president
101 and vice-president shall not be counted unless the pair of candidates have
102 filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments
103 thereto, and:
104 (1) Both candidates' names are written on the ballot; or
105 (2) only the name of the candidate for president is written on the
107 (e) A write-in vote for candidates for state offices elected on a state-
108 wide basis other than offices subject to subsection (c) shall not be counted
109 unless the candidate has filed an affidavit of candidacy pursuant to K.S.A.
110 25-305, and amendments thereto.
111 (f) Any advance voting or mail ballot whose envelope containing the
112 voter's written declaration is unsigned, shall be wholly void and no vote
113 thereon shall be counted.
114 (g) The advance voting ballot of a voter who has died shall not be
115 invalidated solely by reason of the voter's death.
116 Sec. 4. K.S.A. 1998 Supp. 25-1135, 25-1136 and 25-3002 are hereby
118 Sec. 5. This act shall take effect and be in force from and after its
119 publication in the statute book.