HOUSE BILL No. 2328
An Act concerning elections; relating to advance voting;
amending K.S.A. 1999 Supp. 25-
1122 and 25-1128 and repealing the existing
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
25-1122 is hereby amended to read as
follows: 25-1122. (a) Any registered voter may file with the county
tion officer where such person is a resident, or where such person
authorized by law to vote as a former precinct resident, an
an advance voting ballot. The signed application
the county election officer by facsimile shall
be transmitted only to the
county election officer by personal delivery, mail, facsimile or
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
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
prior to such election and the last business day of the week
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
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
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
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
thereof and the last business day of the week preceding such
submitted election, except that if the question submitted election
on a day other than a Tuesday, the county election officer shall
the final date for mailing of advance voting ballots, but such date
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
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
until the beginning of the prescribed application period. Such
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
in the office of the county election officer shall be filed on the
next preceding the election and on each subsequent business day
no later than 12:00 noon on the day preceding such election. If the
election officer so provides, applications for advance voting
mitted to the voter in person in the office of the county election
also may be filed on the Saturday preceding the election. Upon
of any such properly executed application, the county election
deliver to the voter such ballots and instructions as are provided
In any county having a population exceeding
250,000, the county elec-
tion officer may designate places other than the central county
office as satellite advance voting sites. At any satellite advance
a registered voter may obtain an application for advance voting
such ballots and instructions shall be delivered to the voter in
manner and subject to the same limitations as otherwise provided by
(d) Any person having a permanent
physical disability or an illness
which has been diagnosed as a permanent illness is hereby
make an application for permanent advance voting status.
for permanent advance voting status shall be in the form and
information as is required for application for advance voting
also shall contain information which establishes the voter's right
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
officer's office a list of the names of all persons who have filed
applications, together with their correct post office address and
cinct, ward, township or voting area in which such persons claim to
registered voters or to be authorized by law to vote as former
residents and the present resident address of each applicant. Such
and addresses shall remain so listed until the day of such
county election officer shall maintain a separate listing of the
addresses of persons qualifying for permanent advance voting
such lists shall be available for inspection upon request in
with this subsection by any registered voter during regular
The county election officer upon receipt of such applications shall
upon a record kept by such officer the name and address of each
cant, which record shall conform to the list above required. Before
spection of any advance voting ballot application list, the person
to make such inspection shall provide to the county election
tification in the form of driver's license or other reliable
shall sign a log book or application form maintained by such
such person's name and address and showing the date and time of
spection. All records made by the county election officer shall be
to public inspection, except that the identifying number on ballots
ballot envelopes and records of such number shall not be made
Sec. 2. K.S.A. 1999 Supp. 25-1128
is hereby amended to read as
follows: 25-1128. (a) No voter shall mark or transmit to the county
tion officer more than one advance voting ballot, or set of one of
kind of ballot, if the voter is entitled to vote more than one such
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
voting ballot application from a voter to the county election
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
in the distribution of advance voting ballot applications shall
mail, fax or
otherwise deliver any application signed by a voter to the
office within 48 hours after such application is signed by the
(b) No person, unless authorized
by K.S.A. 25-1119, and amend-
(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.
(c) (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
the transmission of advance voting ballots from the county election
to the voter.
(d) (e) No person
shall willfully and falsely affirm, declare or sub-
scribe to any material fact in an affirmation form for an advance
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
declaration form on an advance voting ballot envelope.
(e) (f) Nothing
in this section shall be construed to prohibit any per-
son from mailing, carrying or otherwise conveying advance voting
or sets of advance voting ballots to the county election officer
quest of advance voting voters.
(f) (g) Violation
of any provision of this section is a class C misde-
Sec. 3. K.S.A. 1999 Supp. 25-1122 and 25-1128 are
Sec. 4. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved May 15, 2000.
Published in the Kansas Register May 25, 2000.