Brief ⁽¹⁾

SB 128 creates two new election-related crimes, expands and clarifies two existing election-related crimes, and increases the penalty for one of those crimes. The bill changes the deadline for a signed advanced voting ballot application to be returned to the county election office.

The bill does the following:

• The crime of voter registration suppression is created and made a level 10, nonperson felony. The crime is defined as knowingly: (1) destroying any application for voter registration signed by a person; (2) obstructing the delivery of any signed application to the county election officer or the chief state election official; or (3) failing to deliver any application to the appropriate county election officer or the chief state election official as required by law.
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• The crime of vote trading is created as a level 10, nonperson felony. The crime is defined as exchanging or offering to exchange a vote with the intent to affect the fair expression of the popular will at any election. Vote trading occurs when a person agrees to vote for or against a candidate or question in return for another voter agreeing to vote for or against a different candidate or question.
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• The crime of intimidation of voters is expanded to include mailing, publishing, broadcasting, telephoning, or transmitting by any means false information intended to keep one or more voters from casting a ballot or applying for or returning an advance voting ballot. The penalty for the crime of intimidation of voters is increased from a class A misdemeanor to a severity level 7 nonperson felony.
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• The crime of electioneering at polling places is changed to simply "electioneering" and is expanded to include attempting to persuade or influence eligible voters to vote for or against a particular candidate, party, or question submitted. Electioneering includes wearing, exhibiting, or distributing labels, signs, posters, stickers, or other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted election. Excluded from the crime is displaying bumper stickers affixed to a motor vehicle that is used to transport voters to a polling place or to an advance voting site for the purpose of voting. The crime remains a class C misdemeanor.
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• Signed advance voting ballot applications would have to be returned to the county election office within two days after the application is signed by the applicant by the person distributing the applications.

Background

The bill was supported by the Kansas Secretary of State to address four types of election problems in recent years. One problem has surfaced as a result of the passage of the federal National Voter Registration Act. Under this act, anyone may conduct voter registration drives but not everyone is diligent in returning the completed application to the election office. As a result, some people go to the polls on election day and learn they are not registered.

Vote trading was reported to have occurred during the 2000 election. Voters in one state contract through the Internet voters in other states, creating agreements to change the way they vote for president.

There were incidents regarding voter intimidation reported recently where voters received messages falsely informing them they needed a voter identification card in order to vote.

Incidents regarding electioneering and advance voting have also been reported.

The fiscal note stated the bill has no fiscal impact on the state.

The Senate Committee on Judiciary amendments were clarifying in nature.

The Senate Committee of the Whole deleted Section 2 from the bill which would have created the new crime of vote trading.

The House Committee on Ethics and Elections restored Section 2 at the request of the Secretary of State and changed the crime to a level 10, nonperson felony. The Committee also amended the bill to require signed advance voter ballot applications to be returned to the county election office within two days.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi