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HOUSE BILL No. 2016
AN ACT concerning elections; relating to voter registration; including funeral home online
obituary notices as sufficient grounds for removal of a deceased voter from the voter
registration books; requiring that poll workers be citizens of the United States and
live within the state of Kansas; prohibiting the disqualification of active military
members, spouses or other dependents who are citizens of the United States as poll
workers on the basis of residency or being a registered voter; relating to advance
voting ballot applications; modifying the requirements for soliciting registered voters
to submit advance voting applications; amending K.S.A. 25-2804 and K.S.A. 2024
Supp. 25-1122 and 25-2316c and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No county election officer shall disqualify an
individual from serving as a poll worker at any election on the basis of
residency or registered voter status if such individual is a citizen of the
United States and an active military member or the spouse or other
dependent of an active military member.
(b) Nothing in this section shall be construed to limit or otherwise
restrict any poll worker qualifications based on the age of the
individual, except as provided in K.S.A. 25-2804, and amendments
thereto.
(c) "Active military member" means any person with full-time
duty status in the armed forces of the United States, including members
of the national guard and reserve.
Sec. 2. K.S.A. 2024 Supp. 25-1122 is hereby amended to read as
follows: 25-1122. (a) Any registered voter may file with the county
election officer where such person is a resident, or where such person is
authorized by law to vote as a former precinct resident, an application
for an advance voting ballot. The signed application shall be
transmitted only to the county election officer by personal delivery,
mail, facsimile or as otherwise provided by law.
(b) If the registered voter is applying for an advance voting ballot
to be transmitted in person, the voter shall provide identification
pursuant to K.S.A. 25-2908, and amendments thereto.
(c) If the registered voter is applying for an advance voting ballot
to be transmitted by mail, the voter shall provide with the application
for an advance voting ballot the voter's current and valid Kansas
driver's license number, nondriver's identification card number or a
photocopy of any other identification provided by K.S.A. 25-2908, and
amendments thereto.
(d) A voter may vote a provisional ballot according to K.S.A. 25-
409, and amendments thereto, if:
(1) The voter is unable or refuses to provide current and valid
identification; or
(2) the name and address of the voter provided on the application
for an advance voting ballot do not match the voter's name and address
on the registration book. The voter shall provide a valid form of
identification as defined in K.S.A. 25-2908, and amendments thereto,
to the county election officer in person or provide a copy by mail or
electronic means before the meeting of the county board of canvassers.
At the meeting of the county board of canvassers the county election
officer shall present copies of identification received from provisional
voters and the corresponding provisional ballots. If the county board of
canvassers determines that a voter's identification is valid and the
provisional ballot was properly cast, the ballot shall be counted.
(e) No county election officer shall provide an advance voting
ballot to a person who is requesting an advance voting ballot to be
transmitted by mail unless:
(1) The county election official verifies that the signature of the
person matches that on file in the county voter registration records,
except that verification of the voter's signature shall not be required if a
voter has a disability preventing the voter from signing. Signature
verification may occur by electronic device or by human inspection. In
the event that the signature of a person who is requesting an advance
voting ballot does not match that on file, the county election officer
shall attempt to contact the person and shall offer the person another
opportunity to provide the person's signature for the purposes of
HOUSE BILL No. 2016—page 2
verifying the person's identity. If the county election officer is unable to
reach the person, the county election officer may transmit a provisional
ballot, however, such provisional ballot may not be counted unless a
signature is included therewith that can be verified; and
(2) the person provides such person's full Kansas driver's license
number, Kansas nondriver's identification card number issued by the
division of vehicles, or submits such person's application for an
advance voting ballot and a copy of identification provided by K.S.A.
25-2908, and amendments thereto, to the county election officer for
verification. If a person applies for an advance voting ballot to be
transmitted by mail but fails to provide identification pursuant to this
subsection or the identification of the person cannot be verified by the
county election officer, the county election officer shall provide
information to the person regarding the voter rights provisions of
subsection (d) and shall provide the person an opportunity to provide
identification pursuant to this subsection. For the purposes of this act,
Kansas state offices and offices of any subdivision of the state will
allow any person seeking to vote by an advance voting ballot the use of
a photocopying device to make one photocopy of an identification
document at no cost.
(f) (1) Applications for advance voting ballots to be transmitted to
the voter by mail shall be filed only at the following times:
(A) For the primary election occurring on the first Tuesday in
August in both even-numbered and odd-numbered years, between April
1 of such year and the Tuesday of the week preceding such primary
election;
(B) for the general election occurring on the Tuesday following
the first Monday in November in both even-numbered and odd-
numbered years, between 90 days prior to such election and the
Tuesday of the week preceding such general election;
(C) for the presidential preference primary election held pursuant
to K.S.A. 25-4501a, and amendments thereto, between January 1 of the
year in which such election is held and 30 days prior to the day of such
election;
(D) for question submitted elections occurring on the date of a
primary or general election, the same as is provided for ballots for
election of officers at such election;
(E) for question submitted elections not occurring on the date of a
primary or general election, between the time of the first published
notice thereof and the Tuesday of the week preceding such question
submitted election, except that if the question submitted election is held
on a day other than a Tuesday, the final date for mailing of advance
voting ballots shall be one week before such election; and
(F) for any special election of officers, at such time as is specified
by the secretary of state.
(2) The county election officer of any county may receive
applications prior to the time specified in this subsection and hold such
applications until the beginning of the prescribed application period.
Such applications shall be treated as filed on that date.
(g) (1) Unless an earlier date is designated by the county election
office, applications for advance voting ballots transmitted to the voter
in person shall be filed on the Tuesday next preceding the election and
on each subsequent business day until no later than 12 12:00 noon on
the day preceding such election. If the county election officer so
provides, applications for advance voting ballots transmitted to the
voter in person in the office of the county election officer also may be
filed on the Saturday preceding the election. Upon receipt of any such
properly executed application, the county election officer shall deliver
to the voter such ballots and instructions as are provided for in this act.
(2) An application for an advance voting ballot filed by a voter
who has a temporary illness or disability or who is not proficient in
reading the English language or by a person rendering assistance to
such voter may be filed during the regular advance ballot application
periods until the close of the polls on election day.
HOUSE BILL No. 2016—page 3
(3) The county election officer may designate places other than the
central county election office as satellite advance voting sites. At any
satellite advance voting site, a registered voter may obtain an
application for advance voting ballots. Ballots and instructions shall be
delivered to the voter in the same manner and subject to the same
limitations as otherwise provided by this subsection.
(h) Any person having a permanent disability or an illness that has
been diagnosed as a permanent illness is hereby authorized to make an
application for permanent advance voting status. Applications for
permanent advance voting status shall be in the form and contain such
information as is required for application for advance voting ballots and
also shall contain information that establishes the voter's right to
permanent advance voting status.
(i) On receipt of any application filed under the provisions of this
section, the county election officer shall prepare and maintain in such
officer's office a list of the names of all persons who have filed such
applications, together with their correct post office address and the
precinct, ward, township or voting area in which the persons claim to
be registered voters or to be authorized by law to vote as former
precinct residents and the present resident address of each applicant.
Names and addresses shall remain so listed until the day of such
election. The county election officer shall maintain a separate listing of
the names and addresses of persons qualifying for permanent advance
voting status. All such lists shall be available for inspection upon
request in compliance with this subsection by any registered voter
during regular business hours. The county election officer upon receipt
of the applications shall enter upon a record kept by such officer the
name and address of each applicant, which record shall conform to the
list above required. Before inspection of any advance voting ballot
application list, the person desiring to make the inspection shall provide
to the county election officer identification in the form of driver's
license or other reliable identification and shall sign a log book or
application form maintained by the officer stating the person's name
and address and showing the date and time of inspection. All records
made by the county election officer shall be subject to public
inspection, except that the voter identification information required by
subsections (b) and (c) and the identifying number on ballots and ballot
envelopes and records of such numbers shall not be made public.
(j) If a person on the permanent advance voting list fails to vote in
four consecutive general elections, the county election officer may mail
a notice to such voter. The notice shall inform the voter that the voter's
name will be removed from the permanent advance voting list unless
the voter renews the application for permanent advance voting status
within 30 days after the notice is mailed. If the voter fails to renew such
application, the county election officer shall remove the voter's name
from the permanent advance voting list. Failure to renew the
application for permanent advance voting status shall not result in
removal of the voter's name from the voter registration list.
(k) (1) Any person who solicits by mail a registered voter to file
an application for an advance voting ballot and includes an application
for an advance voting ballot in such mailing shall include on the
exterior of such mailing, and on each a page contained therein, except
the application, in such mailing a clear and conspicuous label in 14-
point 10-point font or larger that includes:
(A) The name of the individual or organization that caused such
solicitation to be mailed;
(B) if an organization, the name of the president, chief executive
officer or executive director of such organization;
(C) the address of such individual or organization; and
(D)(C) the following statement: "Disclosure: This is not a
government mailing. It is from a private individual or organization."
(2) The application for an advance voting ballot included in such
mailing shall be the official application for advance ballot by mail
provided by the secretary of state or the appropriate county election
HOUSE BILL No. 2016—page 4
office. No portion of such application shall be completed prior to
mailing such application to the registered voter , except that the date of
the election may be printed on the application.
(3) An application for an advance voting ballot shall include an
envelope addressed to the appropriate county election office for the
mailing of such application information on how to mail such
application to the appropriate county election office . In no case shall
the person who mails the application to the voter direct that the
completed application be returned to such person.
(4) The provisions of this subsection shall not apply to:
(A) The secretary of state or any election official or county
election office; or
(B) the official protection and advocacy for voting access agency
for this state as designated pursuant to the federal help America vote act
of 2002, public law 107-252, or any other entity required to provide
information concerning elections and voting procedures by federal law.
(5) A violation of this subsection is a class C nonperson
misdemeanor.
(l) (1) No person shall mail or cause to be mailed an application
for an advance voting ballot, unless such person is a resident of this
state or is otherwise domiciled in this state.
(2) Any individual may file a complaint in writing with the
attorney general alleging a violation of this subsection. Such complaint
shall include the name of the person alleged to have violated this
subsection and any other information as required by the attorney
general. Upon receipt of a complaint, the attorney general shall
investigate and may file an action against any person found to have
violated this subsection.
(3) Any person who violates the provisions of this subsection is
subject to a civil penalty of $20. Each instance in which a person mails
an application for an advance voting ballot in violation of this section
shall constitute a separate violation.
(m) A county election officer shall not mail a ballot to a voter
unless such voter has submitted an application for an advance voting
ballot, except that a ballot may be mailed to a voter if such voter has
permanent advance voting ballot status pursuant to subsection (h) or if
the election is conducted pursuant to the mail ballot election act, K.S.A.
25-431 et seq., and amendments thereto.
(n) The secretary of state may adopt rules and regulations in order
to implement the provisions of this section and to define valid forms of
identification.
Sec. 3. K.S.A. 2024 Supp. 25-2316c is hereby amended to read as
follows: 25-2316c. (a) When a registered voter changes name by
marriage, divorce or legal proceeding, if the voter is otherwise qualified
to vote at such voting place the voter shall be allowed to vote a
provisional ballot at any election, or apply for an advance voting ballot,
on the condition that the voter first completes the application for
registration prescribed by K.S.A. 25-2309, and amendments thereto.
Completion of the application shall authorize the county election
officer to update the registration records, if appropriate, for voting in
future elections. The county election officer shall send, by
nonforwardable mail, a notice of disposition to any voter completing
such application.
(b) When a registered voter changes residence, the voter shall
reregister in order to be eligible to vote, except that when a registrant
has moved from an address on the registration book to another address
within the county and has not reregistered, the registrant shall be
allowed to vote a provisional ballot at any election, or to apply for an
advance voting ballot, on the condition that the registrant first
completes the application for registration prescribed by K.S.A. 25-
2309, and amendments thereto. Completion of the application shall
authorize the county election officer to update the registration record, if
appropriate, for voting in future elections. The county election officer
shall send, by nonforwardable mail, a notice of disposition to any such
HOUSE BILL No. 2016—page 5
voter. Whenever the county election officer receives from any other
election officer a notice of registration of a voter in a different place
than that shown in the records of the county election officer, the officer
shall remove the name of the voter from the registration book and party
affiliation list.
(c) Every application for registration completed under this section
shall be returned to the county election officer with the registration
books.
(d) A registrant shall not be removed from the registration list on
the ground that the registrant has changed residence unless the
registrant:
(1) Confirms in writing that the registrant has moved outside the
county in which the registrant is registered, or registers to vote in any
other jurisdiction; or
(2) (A) (i) has failed to respond to the notice described in
subsection (e)(1) through (e)(4); or (ii) the notice described in
subsection (e)(5) is returned as undeliverable; and (B) has not appeared
to vote in an election during the period beginning on the date of the
notice and ending on the day after the date of the second federal general
election that occurs after the date of the notice.
(e) A county election officer shall send a confirmation notice,
upon which a registrant may state such registrant's current address,
within 45 days of the following events:
(1) A notice of disposition of an application for voter registration
is returned as undeliverable;
(2) change of address information supplied by the national change
of address program identifies a registrant whose address may have
changed;
(3) if it appears from information provided by the postal service
that a registrant has moved to a different residence address in the
county in which the registrant is currently registered;
(4) if it appears from information provided by the postal service
that a registrant has moved to a different residence address outside the
county in which the registrant is currently registered; or
(5) if the registrant has no election-related activity for any four-
calendar-year period. No election-related activity means that the elector
has not voted, attempted to vote, requested or submitted an advance
ballot application, filed an updated voter registration card, signed a
petition, which is required by law to be verified by the county election
officer or the secretary of state, or responded to any official election
mailing transmitted by the county election office.
The confirmation notice shall be sent by forwardable mail and shall
include a postage prepaid and preaddressed return card in a form
prescribed by the chief state election official.
(f) (1) Except as otherwise provided by law, when a voter dies or
is disqualified for voting, the registration of the voter shall be void, and
the county election officer shall remove such voter's name from the
registration books and the party affiliation lists.
Whenever (1)(2) The county election officer shall remove the
name of a registered voter from the registration books and the party
affiliation lists in such officer's office when:
(A) An obituary notice appears in a newspaper having general
circulation in the county reports the death of a such registered voter, or
(2) a;
(B) an obituary notice published online by a funeral home located
in the county reports the death of such registered voter;
(C) such registered voter requests in writing that such voter's name
be removed from registration, or (3);
(D) a court of competent jurisdiction orders removal of the name
of a such registered voter from registration lists, or (4); or
(E) the name of a such registered voter appears on a list of
deceased residents compiled by the secretary of health and environment
as provided in K.S.A. 65-2422, and amendments thereto, or appears on
a copy of a death certificate provided by the secretary of health and
HOUSE BILL No. 2016—page 6
environment, or appears in information provided by the social security
administration, the county election officer shall remove from the
registration books and the party affiliation lists in such officer's office
the name of any person shown by such list or death certificate to be
deceased.
(3) The county election officer shall not use or permit the use of
such any lists of deceased residents or copies of such lists for any other
purpose than as provided in this section.
(g) When the chief state election official receives written notice of
a felony conviction in a United States district court, such official shall
notify within five days the county election officer of the jurisdiction in
which the offender resides. Upon notification of a felony conviction
from the chief state election official, or from a county or district
attorney or a Kansas district court, the county election officer shall
remove the name of the offender from the registration records.
(h) Except as otherwise provided in this section, no person whose
name has been removed from the registration books shall be entitled to
vote until such person has registered again.
Sec. 4. K.S.A. 25-2804 is hereby amended to read as follows: 25-
2804. (a) Each person recommended as provided in K.S.A. 25-2803(a),
and amendments thereto, shall be a resident of the area served by the
voting place in which such person is to be a judge or clerk citizen of the
United States and live within the state of Kansas.
(b) Except as otherwise provided by this subsection, All judges
and clerks shall have the qualifications of an elector in the election at
which they serve, and be a citizen of the United States and live within
the state of Kansas. No judge or clerk shall be a candidate for any
office, other than the office of precinct committeeman or precinct
committeewoman, to be elected at such election. The county election
officer may appoint persons who are at least 16 years of age to serve as
election judges or clerks if such persons meet all other requirements for
qualification of an elector and have a letter of recommendation from a
school teacher, counselor or administrator. No more than 1/3 of the
persons appointed to each election board may be under the age of 18.
(c) The county election officer may establish a pool of trained
judges and clerks who shall be recommended by the county
chairpersons specified in K.S.A. 25-2803(a), and amendments thereto.
Judges and clerks in such pool may serve at voting places other than
their own if:
(1) The chairpersons specified in K.S.A. 25-2803(a), and
amendments thereto, or either of them, have failed to make appropriate
recommendations;
(2) it is impossible to obtain judges and clerks for a voting place in
any other way; or
(3) voting machines are used, in which case the third judge, who
shall be trained in the use of voting machines, need not necessarily live
in the area of the voting place.
(d) Any judge or clerk serving in a voting place not located in the
area in which such judge or clerk resides or serving on a special
election board established under K.S.A. 25-1133(c), and amendments
thereto, shall be allowed to vote an advance voting ballot in accordance
with the provisions of K.S.A. 25-1119, and amendments thereto, or
shall be excused from duties as such judge or clerk to vote at the voting
place in the area where such judge or clerk resides.
HOUSE BILL No. 2016—page 7
Sec. 5. K.S.A. 25-2804 and K.S.A. 2024 Supp. 25-1122 and 25-
2316c are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.