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Minutes for HB2190 - Committee on Elections

Short Title

Expanding certain election crimes and creating new ones, eliminating the criminal prosecutorial authority of the secretary of state and defining special elections.

Minutes Content for Tue, Feb 7, 2023

Chairperson Proctor opened the hearing on HB 2190 and called on Revisor Long to give an overview of the bill. (Attachment 14)  Questions from Committee members were answered by Revisor Long.

Chairperson Proctor recognized Clay Barker, Deputy Assistant Secretary of State, General Counsel, to give proponent testimony on HB 2190.  Mr. Barker acknowledged that the Secretary of State's office introduced this legislation to prevent the harassment of election officials and volunteers, secure the voter registration database and procedures, protect voter privacy, and provide clarity on multiple statutory references. (Attachment 15)

The Committee's questions were answered by Mr. Barker.

Opponents to HB 2190 were:

Cille King, Advocacy Chair, League of Women Voters Kansas.  Ms. King wanted the Committee to know that it is difficult for most voters to follow constant changes in election laws, and the League requests that election law changes increase, not further restrict voter access. (Attachment 16)

Sonja Czarnecki, Bishop Seabury Academy Teacher, shared her concerns about a portion of HB 2190 because of how it would impact her efforts and those of other teachers to register their students to vote and educate them about voting in Kansas. (Attachment 17)

Davis Hammet, Loud Light Civic Action, stated that we need greater transparency regarding provisional ballots.  Legislators and the people of Kansas should have a clearer grasp of why ballots are deemed provisional, and why they are ultimately counted or not. (Attachment 18)

Mike Burgess, Director of Policy & Outreach, Disability Rights Center of Kansas, asked the Committee members to please consider the compounding impact of all of the policy changes that create barriers for individuals to vote.  While each individual change may seem small, it will definitely make it more difficult for Kansans with disabilities to vote and have their vote counted. (Attachment 19)

There were no questions for the opponents.

Written-only opponent testimony was received from Aileen Berquist, Policy Director, American Civil Liberties Union of Kansas (Attachment 20)

Appearing in person as a neutral on this bill was Spencer Duncan, Government Affairs Director, League of Kansas Municipalities.  Mr. Duncan noted that The League of Kansas Municipalities is neutral to the majority of the policy decisions outlined in the bill.  However, Section 5 would amend current law to require all candidates file for city elected office with the County election officer.  Current law allows for candidates from cities of the first and second class representing a district to file with the city clerk. (Attachment 21)

Appearing as a neutral on WebEx was Rick Piepho, Election Committee Chair, Kansas County Clerks and Election Officials Association.  Mr. Piepho informed the Committee that the KCCEOA membership is neutral on this bill that will cleanup multiple election statutes and timelines, enhance security, clarify roles of election officials and increase transparency. (Attachment 22)

A question and answer period followed.

Recognized from the audience was Bryan Caskey, Deputy Assistant Secretary of State, Elections.  Mr Caskey answered technical questions from the Committee members.

Chairperson Proctor thanked all of the conferees and closed the hearing on HB 2190.