Session of 1999
HOUSE BILL No. 2324
By Committee on Governmental Organization and Elections
2-8
9 AN ACT concerning elections; relating to advance voting; amending
10 K.S.A. 1998 Supp. 25-1122 and repealing the existing section.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 1998 Supp. 25-1122 is hereby amended to read as
14 follows: 25-1122. (a) Any person described in K.S.A. 25-1119, and amend-
15 ments thereto, registered voter may file with the county election officer
16 where such person is a resident, or where such person is authorized by
17 law to vote as a former precinct resident, an application for an advance
18 voting ballot. The signed application may be transmitted to the county
19 election officer by facsimile.
20 (b) Applications for advance voting ballots to be transmitted to the
21 voter by mail shall be filed only at the following times:
22 (1) For the primary election occurring on the first Tuesday in August
23 in even-numbered years, between April 1 of such year and the last busi-
24 ness day of the week preceding such primary election.
25 (2) For the general election occurring on the Tuesday succeeding the
26 first Monday in November in even-numbered years, between 90 days
27 prior to such election and the last business day of the week preceding
28 such general election.
29 (3) For the primary election held five weeks preceding the first Tues-
30 day in April, between January 1 of the year of such election and the last
31 business day of the week preceding such primary election.
32 (4) For the general election occurring on the first Tuesday in April,
33 between January 1 of the year of such election and the last business day
34 of the week preceding such general election.
35 (5) For question submitted elections occurring on the date of a pri-
36 mary or general election, the same as is provided for ballots for election
37 of officers at such election.
38 (6) For question submitted elections not occurring on the date of a
39 primary or general election, between the time of the first published notice
40 thereof and the last business day of the week preceding such question
41 submitted election, except that if the question submitted election is held
42 on a day other than a Tuesday, the county election officer shall determine
43 the final date for mailing of advance voting ballots, but such date shall
44 not be more than three business days before such election.
45 (7) For any special election of officers, at such time as is specified by
46 the secretary of state.
47 (8) For the presidential preference primary, between January 1 of
48 the year in which such primary is held and the last business day of the
49 week preceding such primary election.
50 The county election officer of any county may receive applications prior
51 to the time specified in this subsection (b) and hold such applications
52 until the beginning of the prescribed application period. Such applications
53 shall be treated as filed on that date.
54 (c) Except as otherwise provided in subsection (e), applications made
55 by persons specified in K.S.A. 25-1119, and amendments thereto, Unless
56 an earlier date is designated by the county election officer, applications
57 for advance voting ballots to be transmitted to the voter in person in the
58 office of the county election officer shall be filed only on the Tuesday
59 next preceding the election, or such earlier date as the county election
60 officer may designate, and on each subsequent business day and, until
61 the last business day of the week preceding such election. If the county
62 election officer so provides, on Saturday, until no later than 12:00 noon
63 on the day preceding such applications for advance voting ballots trans-
64 mitted to the voter in person in the office of the county election officer
65 also may be filed on the Saturday preceding the election. Upon receipt
66 of any such properly executed application, properly executed, the county
67 election officer shall deliver to the voter such ballots and instructions as
68 are provided for in this act.
69 (d) Any person having a permanent physical disability or an illness
70 which has been diagnosed as a permanent illness who would be qualified
71 to vote an advance voting ballot pursuant to K.S.A. 25-1119, and amend-
72 ments thereto, is hereby authorized to make an application for permanent
73 advance voting status. Applications for permanent advance voting status
74 shall be in the form and contain such information as is required for ap-
75 plication for advance voting ballots but shall also and also shall contain
76 information which establishes the voter's right to permanent advance vot-
77 ing status.
78 (e) On receipt of any application filed under the provisions of this
79 section, the county election officer shall prepare and maintain in such
80 officer's office a list of the names of all persons who have filed such
81 applications, together with their correct post office address and the pre-
82 cinct, ward, township or voting area in which such persons claim to be
83 registered voters or to be authorized by law to vote as former precinct
84 residents and the present resident address of each applicant, which. Such
85 names and addresses shall remain so listed until the day of such election.
86 The county election officer shall maintain a separate listing of the names
87 and addresses of persons qualifying for permanent advance voting status.
88 All such lists shall be available for inspection upon request in compliance
89 with this subsection by any registered voter during regular business hours.
90 The county election officer upon receipt of such applications shall enter
91 upon a record kept by such officer the name and address of each such
92 person applicant, which record shall conform to the list above required.
93 The county election officer shall maintain a separate listing of the names
94 and addresses of persons qualifying for permanent advance voting status.
95 Before inspection of any advance voting ballot application list, the person
96 desiring to make such inspection shall provide to the county election
97 officer identification in the form of driver's license or other reliable iden-
98 tification and shall sign a log book or application form maintained by such
99 officer stating such person's name and address and showing the date and
100 time of inspection. All records made by the county election officer shall
101 be subject to public inspection, except that the identifying number on
102 ballots and ballot envelopes and records of such number shall in no case
103 not be made public.
104 (f) If an advance voting ballot is destroyed, spoiled, lost or not re-
105 ceived by the voter, the voter may request a replacement ballot from the
106 county election officer as provided in this subsection. When a request is
107 timely received under this subsection, the county election officer shall
108 deliver the ballot to the voter if the voter is present in the office of the
109 county election officer, or promptly transmit the ballot by mail to the
110 voter at the address contained in the original application, except when
111 prohibited in the subsection. The county election officer shall keep a
112 record of each replacement advance voting ballot provided under this
113 subsection.
114 Sec. 2. K.S.A. 1998 Supp. 25-1122 is hereby repealed.
115 Sec. 3. This act shall take effect and be in force from and after its
116 publication in the statute book.