Session of 1999
HOUSE BILL No. 2325
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, 25-1123 and 25-1124 and repealing the
11 existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 25-1122 is hereby amended to read as
15 follows: 25-1122. (a) Any person described in K.S.A. 25-1119, and amend-
16 ments thereto, registered voter may file with the county election officer
17 where such person is a resident, or where such person is authorized by
18 law to vote as a former precinct resident, an application for an advance
19 voting ballot. The signed application may be transmitted to the county
20 election officer by facsimile.
21 (b) Applications for advance voting ballots to be transmitted to the
22 voter by mail shall be filed only at the following times:
23 (1) For the primary election occurring on the first Tuesday in August
24 in even-numbered years, between April 1 of such year and the last busi-
25 ness day of the week preceding such primary election.
26 (2) For the general election occurring on the Tuesday succeeding the
27 first Monday in November in even-numbered years, between 90 days
28 prior to such election and the last business day of the week preceding
29 such general election.
30 (3) For the primary election held five weeks preceding the first Tues-
31 day in April, between January 1 of the year of such election and the last
32 business day of the week preceding such primary election.
33 (4) For the general election occurring on the first Tuesday in April,
34 between January 1 of the year of such election and the last business day
35 of the week preceding such general election.
36 (5) For question submitted elections occurring on the date of a pri-
37 mary or general election, the same as is provided for ballots for election
38 of officers at such election.
39 (6) For question submitted elections not occurring on the date of a
40 primary or general election, between the time of the first published notice
41 thereof and the last business day of the week preceding such question
42 submitted election, except that if the question submitted election is held
43 on a day other than a Tuesday, the county election officer shall determine
44 the final date for mailing of advance voting ballots, but such date shall
45 not be more than three business days before such election.
46 (7) For any special election of officers, at such time as is specified by
47 the secretary of state.
48 (8) For the presidential preference primary, between January 1 of
49 the year in which such primary is held and the last business day of the
50 week preceding such primary election.
51 The county election officer of any county may receive applications prior
52 to the time specified in this subsection (b) and hold such applications
53 until the beginning of the prescribed application period. Such applications
54 shall be treated as filed on that date.
55 (c) Except as otherwise provided in subsection (e), applications made
56 by persons specified in K.S.A. 25-1119, and amendments thereto, Unless
57 an earlier date is designated by the county election office, applications for
58 advance voting ballots to be transmitted to the voter in person in the
59 office of the county election officer shall be filed only on the Tuesday
60 next preceding the election, or such earlier date as the county election
61 officer may designate, and on each subsequent business day and, if the
62 county election officer so provides, on Saturday, until no later than 12:00
63 noon on the day preceding such election. If the county election officer so
64 provides, applications for advance voting ballots transmitted to the voter
65 in person in the office of the county election officer also may be filed on
66 the Saturday preceding the election. Upon receipt of any such properly
67 executed application, properly executed, the county election officer shall
68 deliver to the voter such ballots and instructions as are provided for in
69 this act.
70 In any county having a population exceeding 250,000, the county elec-
71 tion officer may designate places other than the central county election
72 office as satellite advance voting sites. At any satellite advance voting site,
73 a registered voter may obtain an application for advance voting ballots,
74 such ballots and instructions shall be delivered to the voter in the same
75 manner and subject to the same limitations as otherwise provided by this
76 subsection.
77 (d) Any person having a permanent physical disability or an illness
78 which has been diagnosed as a permanent illness who would be qualified
79 to vote an advance voting ballot pursuant to K.S.A. 25-1119, and amend-
80 ments thereto, is hereby authorized to make an application for permanent
81 advance voting status. Applications for permanent advance voting status
82 shall be in the form and contain such information as is required for ap-
83 plication for advance voting ballots but shall also and also shall contain
84 information which establishes the voter's right to permanent advance vot-
85 ing status.
86 (e) On receipt of any application filed under the provisions of this
87 section, the county election officer shall prepare and maintain in such
88 officer's office a list of the names of all persons who have filed such
89 applications, together with their correct post office address and the pre-
90 cinct, ward, township or voting area in which such persons claim to be
91 registered voters or to be authorized by law to vote as former precinct
92 residents and the present resident address of each applicant, which. Such
93 names and addresses shall remain so listed until the day of such election.
94 The county election officer shall maintain a separate listing of the names
95 and addresses of persons qualifying for permanent advance voting status.
96 All such lists shall be available for inspection upon request in compliance
97 with this subsection by any registered voter during regular business hours.
98 The county election officer upon receipt of such applications shall enter
99 upon a record kept by such officer the name and address of each such
100 person applicant, which record shall conform to the list above required.
101 The county election officer shall maintain a separate listing of the names
102 and addresses of persons qualifying for permanent advance voting status.
103 Before inspection of any advance voting ballot application list, the person
104 desiring to make such inspection shall provide to the county election
105 officer identification in the form of driver's license or other reliable iden-
106 tification and shall sign a log book or application form maintained by such
107 officer stating such person's name and address and showing the date and
108 time of inspection. All records made by the county election officer shall
109 be subject to public inspection, except that the identifying number on
110 ballots and ballot envelopes and records of such number shall in no case
111 not be made public.
112 (f) If an advance voting ballot is destroyed, spoiled, lost or not re-
113 ceived by the voter, the voter may request a replacement ballot from the
114 county election officer as provided in this subsection. When a request is
115 timely received under this subsection, the county election officer shall
116 deliver the ballot to the voter if the voter is present in the office of the
117 county election officer, or promptly transmit the ballot by mail to the
118 voter at the address contained in the original application, except when
119 prohibited in the subsection. The county election officer shall keep a
120 record of each replacement advance voting ballot provided under this
121 subsection.
122 Sec. 2. K.S.A. 1998 Supp. 25-1123 is hereby amended to read as
123 follows: 25-1123. (a) When an application for an advance voting ballot has
124 been filed in accordance with K.S.A. 25-1122, and amendments thereto,
125 the county election officer shall transmit to the voter applying therefor
126 one each of the appropriate ballots. Except as provided by subsection (b),
127 the county election officer shall transmit the advance voting ballots to the
128 voter at one of the following addresses as specified by the voter on such
129 application: (1) The voter's residential address or mailing address as in-
130 dicated on the registration list; (2) the voter's temporary residential ad-
131 dress; or (3) a medical care facility as defined in K.S.A. 65-425, and
132 amendments thereto, psychiatric hospital, hospice or adult care home
133 where the voter resides. No advance voting ballot shall be transmitted by
134 the county election officer by any means prior to the 20th day before the
135 election for which an application for an advance voting ballot has been
136 received by such county election officer. If the advance voting ballot is
137 transmitted by mail, such ballot shall be transmitted with printed instruc-
138 tions prescribed by the secretary of state and a ballot envelope bearing
139 upon the outside a printed form as described in K.S.A. 25-1120, and
140 amendments thereto, and the same number as the number of the ballot.
141 If the advance voting ballot is transmitted to the applicant in person in
142 the office of the county election officer or at a satellite advance voting
143 site, such advance voting ballot and printed instructions shall be trans-
144 mitted in an advance voting ballot envelope bearing upon the outside a
145 printed form as described in K.S.A. 25-1120, and amendments thereto,
146 and the same number as the number of the ballot unless the voter elects
147 to deposit the advance voting ballot into a locked ballot box without an
148 envelope. All ballots shall be transmitted to the advance voting voter not
149 more than 20 days before the election but within two business days of
150 the receipt of such voter's application by the election officer or the com-
151 mencement of such 20-day period. In primary elections required to be
152 conducted on a partisan basis, the election officer shall deliver to such
153 voter the ballot of the political party of the applicant.
154 (b) The restrictions in subsection (a) relating to where a county elec-
155 tion officer may transmit an advance voting ballot shall not apply to an
156 advance voting ballot requested pursuant to an application for an advance
157 voting ballot filed by a sick, physically disabled or illiterate voter.
158 Sec. 3. K.S.A. 1998 Supp. 25-1124 is hereby amended to read as
159 follows: 25-1124. (a) Any person qualified to vote pursuant to K.S.A. 25-
160 1119, and amendments thereto, upon receiving any ballot transmitted to
161 such person as provided in this act, Upon receipt of the advance voting
162 ballot, the voter shall cast their such voter's vote as follows: The voter
163 shall make a cross or check mark in the square or parentheses opposite
164 the name of each candidate or question for whom the voter desires to
165 vote. The voter shall make no other mark, and shall allow no other person
166 to make any mark, upon such ballot. If the advance voting ballot was
167 transmitted by mail, the voter shall personally shall place the ballot in the
168 ballot envelope bearing the same number as the ballot and seal the en-
169 velope. The voter shall fill out in full complete the form on the ballot
170 envelope and shall sign the same. Except as provided by K.S.A. 25-2908,
171 and amendments thereto, the ballot envelope shall be mailed or otherwise
172 transmitted to the county election officer. If the advance voting ballot
173 was transmitted to the voter in person in the office of the county election
174 officer or at a satellite advance voting site, the voter may deposit such
175 ballot into a locked ballot box without an envelope.
176 (b) Any sick, physically disabled or illiterate voter who is unable to
177 apply for or mark or transmit an advance voting ballot, may request as-
178 sistance by a person who has signed a statement required by subsection
179 (d) in applying for or marking an advance voting ballot.
180 (c) An application for an advance voting ballot filed by a sick, physi-
181 cally disabled or illiterate voter or by a person rendering assistance to
182 such voter may be filed during the regular advance ballot application
183 periods until the close of the polls on election day. Any voted ballot may
184 be transmitted to the county election officer by the voter or by another
185 person upon request of the voter. Any such voted ballot shall be trans-
186 mitted to the county election officer before the close of the polls on
187 election day.
188 (d) The county election officer shall allow a person to assist a sick,
189 physically disabled or illiterate voter in applying for or marking an appli-
190 cation or advance voting ballot, provided a written statement is signed by
191 the person who renders assistance to the sick, physically disabled or illit-
192 erate voter and submitted to the county election officer with the appli-
193 cation or ballot. The statement shall be on a form prescribed by the
194 secretary of state and shall contain a statement from the person providing
195 assistance that the person has not exercised undue influence on the voting
196 decision of the sick, physically disabled or illiterate voter and that the
197 person providing assistance has completed the application or marked the
198 ballot as instructed by the sick, physically disabled or illiterate voter.
199 (e) Any person assisting a sick, physically disabled or illiterate voter
200 in applying for or marking an advance voting ballot who knowingly and
201 willfully fails to sign and submit the statement required by this section or
202 who exercises undue influence on the voting decision of such voter shall
203 be guilty of a severity level 9 nonperson felony.
204 Sec. 4. K.S.A. 1998 Supp. 25-1122, 25-1123 and 25-1124 are hereby
205 repealed.
206 Sec. 5. This act shall take effect and be in force from and after its
207 publication in the statute book.