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HOUSE BILL No. 2437
AN A CT concerning elections; relating to voter registration; authorizing the use of
additional resources for verifying voter registration records; establishing the SA VE
Kansas act; requiring periodic comparisons with the federal systematic alien
verification for entitlements (SA VE) database; requiring quarterly reports to the
secretary of state of certain information of noncitizens receiving public assistance
benefits; imposing restrictions on websites that can accept and transmit voter
registration applications; removing individuals disqualified for voting from voter
registration records; providing an open records exemption for certain information
related to voter registration; amending K.S.A. 2025 Supp. 25-2316c and 25-2324 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The provisions of sections 1 through 6, and
amendments thereto, shall be known and may be cited as the save
Kansas act.
(b) As used in sections 1 through 6, and amendments thereto:
(1) "SA VE" means the systematic alien verification for
entitlements database administered by the United States department of
homeland security.
(2) "Statewide voter registration system" means the centralized
electronic voter registration database maintained by the secretary of
state.
(3) "Election official" means the secretary of state and any county
election officials.
New Sec. 2. (a) The secretary of state shall:
(1) Conduct two checks each calendar year to compare the
statewide voter registration system against SA VE;
(2) ensure that one check is completed not later than 180 days
before a regularly scheduled federal general election; and
(3) transmit any potential noncitizen matches to the appropriate
county election official for immediate review.
(b) Upon receipt of such information from the secretary of state,
the county election officer shall:
(1) Notify the voter pursuant to the national voter registration act
requirements before any voter registration cancellation occurs;
(2) place the voter in challenged or pending verification status
until resolution;
(3) require confirmation of the identified voter's citizenship status;
and
(4) remove from the voter rolls any individual who is confirmed to
be ineligible.
New Sec. 3. The secretary of state in conjunction with county
election officials, shall submit an annual report on the outcomes of the
periodic checks specified in section 2, and amendments thereto, to the
house committee on elections and the senate committee on federal and
state affairs by January 31 of each year. Such report shall include:
(a) The number of records checked against SA VE during the prior
year;
(b) the number of voters flagged as potential noncitizens;
(c) the number of voters identified as potential deceased;
(d) the number of voters ultimately removed from the statewide
system first identified in the SA VE verification process; and
(e) any recommendations for statutory or administrative
improvements to ensure voter roll accuracy.
New Sec. 4. All SA VE data and related voter information shall be
processed in a secure environment consistent with state and federal
data-protection standards. Personally identifiable information shall not
be disclosed publicly, except as required by law.
New Sec. 5. If any provision of sections 1 through 6, and
amendments thereto, or its application is held invalid, the invalidity
shall not affect the other provisions or applications of sections 1
HOUSE BILL No. 2437—page 2
through 6, and amendments thereto, that can be given effect without the
invalid provision or application.
New Sec. 6. If at any time SA VE ceases to allow for batch uploads
or provide database searches by driver's license number or social
security number, the secretary of state shall publish a notice of such
change in the Kansas register. Upon publication of such notice, the
provisions of sections 1 through 5, and amendments thereto, shall have
no force and effect.
New Sec. 7. Every state agency as defined in K.S.A. 75-3701, and
amendments thereto, that is designated as a voter registration agency
pursuant to the national voter registration act of 1993, 52 U.S.C. §
20506, and provides public assistance benefits shall report the first and
last name, the middle name or initial, if any, residence address, date of
birth, alien registration number, last four digits of the social security
number, if any, and driver's license number or nondriver's identification
card number, if any, of each noncitizen recipient of such public
assistance benefits on a quarterly basis to the secretary of state.
New Sec. 8. (a) Any person registering to vote in this state using a
website shall only use a website that has the.gov domain as part of such
website's uniform resource locator or has been approved to accept and
transmit electronic voter registration applications by the secretary of
state. County election officials shall not accept any electronic voter
registration application that has been accepted by or transmitted from
any website that does not satisfy the requirements of this section.
(b) A website shall only be approved to accept and transmit
electronic voter registration applications by the secretary of state if
such website provides that:
(1) All registrant data transmitted through an online voter
registration system shall be protected using encryption in transit;
(2) encryption protocols shall comply with applicable national
institute of standards and technology (NIST) standards;
(3) registrant data shall be transmitted directly to systems owned,
operated or contractually controlled by the applicable county election
officer;
(4) online voter registration systems shall authenticate connections
to ensure that registrant data is transmitted only to authorized
government endpoints, which shall be provided by the secretary of
state;
(5) the system shall provide confirmation to the registrant that the
submission has been successfully received by the applicable county
election officer;
(6) audit logs shall be maintained documenting submission
receipt, system access and data transmission integrity;
(7) registrant data collected through an online voter registration
system shall be used solely for voter registration and election
administration purposes as authorized by law;
(8) registrant data shall not be sold, licensed, rented, transferred or
used for commercial or nonelection-related purposes; and
(9) registrant data shall not be disclosed to any third party except:
(A) As required by state or federal law;
(B) to another county election officer or the secretary of state for
official election administration purposes; or
(C) to a contractor acting exclusively on behalf of the county
election officer and bound by written agreements requiring compliance
with this regulation and applicable NIST standards.
(c) (1) It shall be a violation of this section for any person or
group to operate a voter registration website that is not in compliance
with this section.
(2) Violations of this section shall be a class A nonperson
HOUSE BILL No. 2437—page 3
misdemeanor.
(d) The secretary of state shall adopt rules and regulations
necessary to implement the provisions of this section. The provisions of
this section shall not be implemented or enforced until the secretary has
adopted such rules and regulations.
Sec. 9. K.S.A. 2025 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
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) (e) or (f)(1) through (f)(3) ; or (ii) the
notice described in subsection (e)(5) (f)(4) 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) The secretary of state shall notify the appropriate county
election officer to send a confirmation notice, upon which a registrant
may state such registrant's current address, within 45 days of any of the
following events:
(1) The change of address information supplied by the national
change of address program identifies a registrant whose address may
have changed; or
(2) it appears from information provided by the director of the
division of vehicles that a registrant has moved to a different residence
address outside of the county in which the registrant is currently
HOUSE BILL No. 2437—page 4
registered.
(f) 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)(3) 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)(4) 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)(g) (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.
(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 such registered voter;
(B) an obituary notice published online by a funeral home located
in the any county reports the death of such registered voter;
(C) such registered voter requests in writing that such voter's name
be removed from registration;
(D) a court of competent jurisdiction orders removal of the name
of such registered voter from registration lists; or
(E) the name of 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, appears or on a
copy of a death certificate provided by the secretary of health and
environment or;
(F) the name of such registered voter appears in information on a
list of deceased individuals provided by the social security
administration that has been verified by other reliable means; or
(G) the registered voter is declared deceased in a notarized
attestation of such declaration in such form as prescribed by the
secretary of state and executed by such voter's spouse, grandparent,
parent, child, grandchild or sibling.
(3) The county election officer shall not use or permit the use of
any lists of deceased residents or copies of such lists for any other
purpose than as provided in this section.
(g)(h) 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 business days the county election officer of the
jurisdiction in which the offender resides. Upon notification of a felony
HOUSE BILL No. 2437—page 5
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
within five business days.
(h)(i) 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.
(j) To ensure effective and continuous maintenance of voter
registration records through the use of all available and reliable
sources of information, the secretary of state:
(1) Shall obtain the following information at the times prescribed
and provide such information to the appropriate county election
officer:
(A) At least twice each year, the results of any duplicate voter
registration checks performed on state voter registration records; and
(B) at least once each quarter, a list , which shall be provided by
the director of the division of motor vehicles at such times as
prescribed by the secretary of state, of all changes in residency for the
immediately preceding quarter;
(2) shall request a list of deceased residents of this state provided
by the social security administration at least once each year and
provide such information to the appropriate county election officer;
and
(3) may obtain the following information at any time and provide
such information to the appropriate county election officer:
(A) Any change of residency information provided by a state or
federal agency; and
(B) comparisons of voter registration records held and maintained
by other jurisdictions.
(k) All information obtained by the secretary of state pursuant to
subsection (j) shall be confidential and shall not be disclosed pursuant
to the open records act, K.S.A. 45-215 et seq., and amendments thereto,
except that such information may be released to county election
officers as authorized under subsection (j) . The provisions of this
section shall expire on July 1, 2031, unless the legislature reviews and
reenacts this provision pursuant to K.S.A. 45-229, and amendments
thereto, prior to July 1, 2031.
Sec. 10. K.S.A. 2025 Supp. 25-2324 is hereby amended to read as
follows: 25-2324. (a) Every quarter, the director of the division of
motor vehicles shall provide a list of all permanent and temporary
drivers' licenses issued to noncitizens quarterly and forward this list to
the secretary of state. The list of noncitizens shall contain the names,
all available addresses, phone numbers, social security numbers, dates
of birth, alien registration numbers, temporary drivers' license numbers
and expiration dates of such licenses. The secretary of state shall
compare such lists with the voter registration rolls and, after an
investigation, direct the county election officer to remove within five
business days any names of noncitizens that appear on the voter rolls.
The county election officer shall notify any person removed from the
voter registration rolls that the person may be reinstated on the voter
registration rolls by providing proof of their citizenship.
(b) Every quarter, the director of the division of vehicles shall
provide a list of all permanent and temporary driver's licenses issued
to persons who have subsequently been issued a driver's license by
another jurisdiction to the secretary of state. The list shall contain the
names, all available addresses, phone numbers, dates of birth, driver's
license numbers and expiration dates for such licenses. The secretary
of state shall compare such lists with the voter registration rolls and,
after an investigation that indicates that the voter may no longer intend
HOUSE BILL No. 2437—page 6
to be a registered voter in Kansas , direct the county election officer to
send a confirmation notice to both the registrant's address on the voter
registration rolls and to the current address on the new driver's license,
upon which a registrant may state such registrant's permanent address.
Within 45 days after sending the confirmation notice, if the registrant
does not respond or confirms their intent to no longer be registered to
vote in Kansas, the county election officer shall remove within five
business days such persons that appear on the voter rolls. The county
election officer shall notify any person removed from the voter
registration rolls that such person may be reinstated on the voter
registration rolls by providing proof of residency in this state.
Sec. 11. K.S.A. 2025 Supp. 25-2316c and 25-2324 are hereby
repealed.
Sec. 12. 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.