Session of 2000
Effective: July 1, 2000

HOUSE BILL No. 2854

  An Act concerning elections; relating to ballots and ballot applications; relating to election
      machines; amending K.S.A. 25-1329 and 25-4406 and K.S.A. 1999 Supp. 25-1122d and
      25-2316c and repealing the existing sections.


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

      Section  1. K.S.A. 25-1329 is hereby amended to read as follows: 25-
1329. For the instruction of voters on any election day, there shall be
provided for each polling place a mechanically operated model of a por-
tion of the face of the machine. Such model shall be located in some place
accessible to the voters. Each voter so desiring shall before entering the
enclosure of the voting machine, be instructed regarding its operation
and such instruction illustrated on the model and the voter given an op-
portunity personally to operate the model. Upon request of a voter at a
polling place, instruction on the operation of voting machines shall be
provided. Such instruction may include printed materials or demonstra-
tion by election board workers. The voter's attention may also may be
called to the diagram of the face of the machine so that the voter may
become familiar with the location of the questions and the names of the
offices and candidates.

      Sec.  2. K.S.A. 1999 Supp. 25-1122d is hereby amended to read as
follows: 25-1122d. (a) The application for an advance voting ballot shall
be accompanied by an affirmation in substance as follows:

     Affirmation of an Elector of the County of ________ and State of Kansas Desiring
to Vote an Advance Voting Ballot

State of ________, County of ________, ss:

      I,____________________________________________________________________________,
                                                  (Please print name)
                                                  do solemnly affirm that I am a qualified elector of the ________ precinct
of the __________ ward, residing at number ________ on ________ street, city of ________, or
in the township of ________, county of ________, and state of Kansas. My date
of birth is ________ (month/day/year).

     I am entitled to vote an advanced voting ballot and I have not voted and will not otherwise
vote at the election to be held on ________ (date). My political party is ________
(to be filled in only when requesting primary election ballots). I desire my ballots to be sent
to the following address

                            ______________________________________________________________
                            ______________________________________________________________
                               Signature of voter.
      Note: False statement on this affirmation is a class C misdemeanor.

      (b) An application for permanent advance voting status shall be on a
form prescribed by the secretary of state for this purpose. Such applica-
tion shall contain an affirmation concerning substantially the same infor-
mation required in subsection (a) and in addition thereto a statement
regarding the permanent character of such illness or disability.

      (c) Any application by a former precinct resident shall state both the
former and present residence, address, precinct and county of such for-
mer precinct resident and the date of change of residence.

      Sec.  3. K.S.A. 1999 Supp. 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 appli-
cation 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 first-class
mail, a notice of disposition to any such voter. Whenever the county elec-
tion 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, the county election officer shall remove from the reg-
istration 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.  4. K.S.A. 25-4406 is hereby amended to read as follows: 25-
4406. Electronic or electromechanical voting systems approved by the
secretary of state:

      (a) Shall provide facilities for voting for the candidates for nomination
or election of at least seven different political parties;

      (b) shall permit a voter to vote for any independent candidate for any
office;

      (c) shall provide for voting on constitutional amendments or other
questions submitted;

      (d) shall be so constructed that, as to primaries where candidates are
nominated by political parties, the voter can vote only for the candidates
of the political party with which the voter is affiliated or, if not affiliated,
according to the voter's declaration when applying to vote;

      (e) shall afford the voter an opportunity to vote for any or all candi-
dates for an office for whom the voter is by law entitled to vote and no
more, and at the same time shall prevent the voter from voting for the
same candidate twice for the same office;

      (f) shall be so constructed that in presidential elections the presiden-
tial electors of any political party may be voted for by one mark or punch;

      (g) shall provide facilities for ``write-in'' votes;

      (h) shall provide for voting in absolute secrecy, except as to persons
entitled to assistance;

      (i) shall reject all votes for an office or upon a question submitted
when the voter has cast more votes for such office or upon such question
than the voter is entitled to cast; and

      (j) shall provide mechanical models suitable for the instruction of
voters, illustrating the manner of voting by the use of such systems for
instruction of voters on the operation of voting machines, illustrating the
manner of voting by the use of such systems. The instruction may include
printed materials or demonstration by election board workers.

      Sec.  5. K.S.A. 25-1329 and 25-4406 and K.S.A. 1999 Supp. 25-1122d
and 25-2316c are hereby repealed.
     Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.