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HB2453 • 2026

Requiring applications for advance voting ballots be filed by the 14th day prior to election day, that advance voting in person be completed by 12:00 p.m. on the Sunday prior to election day, extending the time for transmittal of advance voting ballots to 22 days prior to an election and ending the time for voter registration at 23 days prior to election day.

Requiring applications for advance voting ballots be filed by the 14th day prior to election day, that advance voting in person be completed by 12:00 p.m. on the Sunday prior to election day, extending the time for transmittal of advance voting ballots to 22 days prior to an election and ending the time for voter registration at 23 days prior to election day.

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Last action
2026-04-10
Official status
Died in Senate Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Requiring applications for advance voting ballots be filed by the 14th day prior to election day, that advance voting in person be completed by 12:00 p.m. on the Sunday prior to election day, extending the time for transmittal of advance voting ballots to 22 days prior to an election and ending the time for voter registration at 23 days prior to election day.

Requiring applications for advance voting ballots be filed by the 14th day prior to election day, that advance voting in person be completed by 12:00 p.m.

What This Bill Does

  • Requiring applications for advance voting ballots be filed by the 14th day prior to election day, that advance voting in person be completed by 12:00 p.m.
  • on the Sunday prior to election day, extending the time for transmittal of advance voting ballots to 22 days prior to an election and ending the time for voter registration at 23 days prior to election day.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-04-10 Senate

    Died in Senate Committee

  2. 2026-03-17 Senate

    Hearing: Tuesday, March 17, 2026, 10:30 AM — Room 144-S event

  3. 2026-02-19 Senate

    Referred to Senate Committee on Federal and State Affairs

  4. 2026-02-18 Senate

    Received and Introduced

  5. 2026-02-18 House

    Final Action - Passed as amended; Yea 86, Nay 38, Absent 1

  6. 2026-02-18 House

    Engrossed on Tuesday, February 17, 2026

  7. 2026-02-17 House

    Committee of the Whole - Be passed as amended

  8. 2026-02-17 House

    Committee of the Whole - Ruling of the chair was sustained

  9. 2026-02-17 House

    Rep. Sandy Pickert raised a question of germaneness. The amendment was ruled not germane.

  10. 2026-02-17 House

    Committee of the Whole - Motion to Amend - Offered by Rep. Kirk Haskins

Official Summary Text

Requiring applications for advance voting ballots be filed by the 14th day prior to election day, that advance voting in person be completed by 12:00 p.m. on the Sunday prior to election day, extending the time for transmittal of advance voting ballots to 22 days prior to an election and ending the time for voter registration at 23 days prior to election day.

Current Bill Text

Read the full stored bill text
As Amended by House Committee
Session of 2026
HOUSE BILL No. 2453
By Committee on Elections
Requested by Representative Pickert
1-15
AN ACT concerning elections; relating to advance voting ballots;
requiring applications for such ballots be filed by the 12 th day prior to
election day; requiring advance voting in person to be completed prior
to the week of the election; extending the time for transmittal of such
ballots to 22 days prior to an election; ending the time for voter
registration at 25 days prior to election day; amending K.S.A. 25-1123,
25-1133, 25-1134 and 25-1136 and K.S.A. 2025 Supp. 25-1122, 25-
1132, 25-2311 and 25-3107 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 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
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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 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 14th day before such primary
election;
(B) for the general election occurring on the Tuesday following the
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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 14th day before 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 14 th day before 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 12:00 noon p.m. on the
day Sunday the Friday 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 and Sunday preceding the election during such
times as prescribed by the county election officer but not later than
12:00 p.m. on the Sunday preceding such election. If a county election
officer provides for the acceptance of such applications for advance
voting ballots on the Saturday or Sunday preceding such election,
such county election officer shall provide notice of the dates and times
such applications shall be accepted at least three weeks prior to such
election by publishing such notice on such county's website and
maintaining such publication through the date of such 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
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HB 2453—Am. by HC 4
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.
(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
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HB 2453—Am. by HC 5
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 a page in such
mailing a clear and conspicuous label in 10-point font or larger that
includes:
(A) The name of the individual or organization that caused such
solicitation to be mailed;
(B) the address of such individual or organization; and
(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 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
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
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HB 2453—Am. by HC 6
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. 2. K.S.A. 25-1123 is hereby amended to read as follows: 25-
1123. (a) When an application for an advance voting ballot has been filed
in accordance with K.S.A. 25-1122, and amendments thereto, the county
election officer shall transmit to the voter applying therefor one each of the
appropriate ballots. Unless an advance voting ballot is transmitted in
person pursuant to this subsection, the county election officer shall
transmit the advance voting ballots to the voter at one of the following
addresses as specified by the voter on such application: (1) The voter's
residential address or mailing address as indicated on the registration list;
(2) the voter's temporary residential address; or (3) a medical care facility
as defined in K.S.A. 65-425, and amendments thereto, psychiatric hospital,
hospice or adult care home where the voter resides. No advance voting
ballot shall be transmitted by the county election officer by any means
prior to the 20th 22nd day before the election for which an application for an
advance voting ballot has been received by such county election officer. If
the advance voting ballot is transmitted by mail, such ballot shall be
transmitted with printed instructions prescribed by the secretary of state
and a ballot envelope bearing upon the outside a printed form as described
in K.S.A. 25-1120, and amendments thereto, and the same number as the
number of the ballot. If the advance voting ballot is transmitted to the
applicant in person in the office of the county election officer or at a
satellite advance voting site, such advance voting ballot and printed
instructions shall be transmitted in an advance voting ballot envelope
bearing upon the outside a printed form as described in K.S.A. 25-1120,
and amendments thereto, and the same number as the number of the ballot
unless the voter elects to deposit the advance voting ballot into a locked
ballot box without an envelope. All ballots shall be transmitted to the
advance voting voter not more than 20 22 days before the election but
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within two business days of the receipt of such voter's application by the
election officer or the commencement of such 20-day 22-day period. In
primary elections required to be conducted on a partisan basis, the election
officer shall deliver to such voter the ballot of the political party of the
applicant.
(b) The restrictions in subsection (a) relating to where a county
election officer may transmit an advance voting ballot shall not apply to an
advance voting ballot requested pursuant to 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.
(c) The county election officer shall compare the driver's license
number, nondriver's identification card number or copy of other valid
identification provided by a voter to the voter registration list verified by
the division of vehicles in accordance with federal law. If no identification
information was provided by the voter or if such information does not
match the information on the voter registration list, the county election
officer shall transmit a provisional advance voting ballot.
Sec. 3. K.S.A. 2025 Supp. 25-1132 is hereby amended to read as
follows: 25-1132. (a) All advance voting ballots that are received in the
office of the county election officer or any polling place within the county
not later than the hour for closing of the polls on the date of any election
specified in K.S.A. 25-1122(f), and amendments thereto, shall be delivered
by the county election officer to the appropriate special election board
provided for in K.S.A. 25-1133, and amendments thereto.
(b) The deadline for the receipt by mail of the advance voting ballots
by the office of the county election officer shall be 7:00 p.m. on the date of
the election the close of polls on election day.
(c) The secretary of state shall adopt rules and regulations to
implement this section.
Sec. 4. K.S.A. 25-1133 is hereby amended to read as follows: 25-
1133. (a) The county election officer of every county , which that does not
use voting machines, optical scanning systems or electronic or
electromechanical voting systems , shall establish a special election board.
The special election board shall consist of the election board members in
the precinct in which is located where the office of the county election
officer or the members of such additional election boards of the county , as
the county election officer may designate, are located. The special election
board shall meet at the voting place in the precinct in which is located
where the office of the county election officer on election day is located, or
as provided by rules and regulations adopted by the secretary of state as
authorized by K.S.A. 25-1132(b), and amendments thereto.
(b) In counties where voting machines, optical scanning systems or
electronic or electromechanical voting systems are used, the county
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HB 2453—Am. by HC 8
election officer shall appoint a special election board consisting of at least
three members. Such members shall be registered voters of the county. The
special election board shall meet in the office of the county election officer
on election day or at such time before election day as the county election
officer deems necessary, or as provided by rules and regulations adopted
by the secretary of state as authorized by K.S.A. 25-1132(b), and
amendments thereto.
Sec. 5. K.S.A. 25-1134 is hereby amended to read as follows: 25-
1134. (a) The county election officer in counties which that have a special
election board established under K.S.A. 25-1133, and amendments thereto,
shall deliver all advance voting ballots to the special election board when
the special election board convenes, and thereafter as advance voting
ballots are received during election day, until the time for closing of the
polls, or as provided by rules and regulations adopted by the secretary of
state as authorized by K.S.A. 25-1132(b), and amendments thereto.
(b) The special election board may conduct the original canvass of
advance voting ballots when the board convenes , but shall not complete
final tabulation prior to election day.
Sec. 6. K.S.A. 25-1136 is hereby amended to read as follows: 25-
1136. (a) The vote of any advance voting voter may be challenged in the
same manner as other votes are challenged, as nearly as may be, and the
judges of the special election board shall determine the validity of each
advance voting ballot. Whenever the judges determine that the form
accompanying an advance voting ballot is insufficient, or that the voter is
not a registered voter, or the challenge is otherwise sustained, the advance
voting ballot envelope shall not be opened. In all such cases, the judges
shall endorse on the back of the envelope the word "provisional" and state
the reason for sustaining the challenge.
(b) Any advance voting ballot envelope which that has not been
signed shall not be opened, and no vote on the ballot therein shall be
counted. The envelope or ballot shall be challenged in the same manner in
which other votes are challenged.
(c) Whenever it shall be made to appear to the judges of a special
election board by sufficient proof that an advance voting voter has died,
the envelope containing the advance voting ballot of the deceased voter
shall not be opened. In all such cases, the judges shall endorse on the back
of the envelope the word "provisional" and the reason for sustaining the
challenge.
(d) If objection is made to an advance voting ballot because of form,
condition, or marking thereof, the ballot shall be marked "void" if the
judges uphold the objection to the entire ballot , and otherwise shall be
marked on the back thereof, "objected to" with a statement of the
substance of the objection.
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(e) V oid, provisional and objected to advance voting ballots shall be
transmitted to the county election officer in the same manner as personally
cast provisional ballots are transmitted but shall be placed in separate
envelopes or sacks, appropriately labeled and sealed. V otes contained in
void and provisional advance voting ballots shall not be included in the
total of votes certified by the special election board. V oid, provisional and
objected to advance voting ballots shall be reviewed by the board of
county canvassers, and the board shall finally determine the acceptance or
rejection of each void, provisional or objected to ballot.
(f) Procedures for canvassing and challenging advance voting ballots
received by mail after the closing of the polls pursuant to K.S.A. 25-
1132(b), and amendments thereto, shall be as set forth in rules and
regulations adopted by the secretary of state as authorized by K.S.A. 25-
1132(b), and amendments thereto.
Sec. 7. K.S.A. 2025 Supp. 25-2311 is hereby amended to read as
follows: 25-2311. (a) County election officers shall provide for the
registration of voters at one or more places on all days except the
following:
(1) Days when the main offices of the county government are closed
for business, except as is otherwise provided by any county election officer
under the provisions of K.S.A. 25-2312, and amendments thereto;
(2) days when the main offices of the city government are closed for
business, in the case of deputy county election officers who are city clerks
except as is otherwise provided by any county election officer under the
provisions of K.S.A. 25-2312, and amendments thereto;
(3) the 20 23 25 days preceding the day of primary and general
elections;
(4) the 30 days preceding the day of any presidential preference
primary election held pursuant to K.S.A. 25-4501a, and amendments
thereto;
(5) the 20 23 25 days preceding the day of any election other than one
specified in this subsection; and
(6) the day of any primary or general election or any question
submitted election.
(b) For the purposes of this section in counting days that registration
books are to be closed, all of the days including Sunday and legal holidays
shall be counted.
(c) The secretary of state shall notify every county election officer of
the dates when registration shall be closed preceding primary and general
elections. The days so specified by the secretary of state shall be
conclusive. Such notice shall be given by the secretary of state by mail at
least 60 days preceding every primary and general election.
(d) The last days before closing of registration books as directed by
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HB 2453—Am. by HC 10
the secretary of state under subsection (c), county election officers shall
provide for registration of voters during regular business hours, during the
noon hours and at other than regular business hours upon such days as the
county election officers deem necessary. The last three business days
before closing of registration books prior to primary and general elections,
county election officers may provide for registration of voters until 99:00
p.m. in any city.
(e) (1) Except as provided in paragraph (2), county election officers
shall accept and process applications received by voter registration
agencies and the division of motor vehicles not later than the 21st 23rd 25th
day preceding the date of any election or mailed voter registration
applications that are postmarked not later than the 21 st 23 rd 25 th day
preceding the date of any election except, if the postmark is illegible or
missing, mailed voter registration applications received in the mail not
later than the ninth day preceding the day of any election.
(2) For any presidential preference primary election held pursuant to
K.S.A. 25-4501a, and amendments thereto, county election officers shall
accept and process applications received by voter registration agencies and
the division of motor vehicles not later than the 31st 25th day preceding the
date of such election or mailed voter registration applications that are
postmarked not later than the 31st 25th day preceding such election except,
if the postmark is illegible or missing, mailed voter registration
applications received in the mail not later than the 19 th day preceding the
day of such election.
(f) The secretary of state may adopt rules and regulations interpreting
the provisions of this section and specifying the days when registration
shall be open, days when registration shall be closed, and days when it is
optional with the county election officer for registration to be open or
closed.
(g) Before each primary and general election held in even-numbered
and odd-numbered years, and at times and in a form prescribed by the
secretary of state, each county election officer shall certify to the secretary
of state the number of registered voters in each precinct of the county as
shown by the registration books in the office of such county election
officer.
Sec. 8. K.S.A. 2025 Supp. 25-3107 is hereby amended to read as
follows: 25-3107. (a) At the time of commencement of any canvass by the
county board of canvassers , the county election officer shall present to the
county board of canvassers the preliminary abstracts of election returns,
together with the ballots and records returned by the election boards and,
as provided by rules and regulations adopted by the secretary of state as
authorized by K.S.A. 25-1132(b), and amendments thereto, advance voting
ballots received after the closing of the polls pursuant to K.S.A. 25-
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1132(b), and amendments thereto . The county board of canvassers shall
inspect and check the records presented by the county election officer and
shall hear any questions which that the county election officer believes
appropriate for determination of the board. The county board of canvassers
shall do what is necessary to obtain an accurate and just canvass of the
election and shall finalize the preliminary abstract of election returns by
making any needed changes, and certifying its that authenticity and
accuracy of such abstract . The certification of the county board of
canvassers shall be attested by the county election officer. Neither the
county board of canvassers nor the county election officer shall open or
unseal sacks or envelopes of ballots, except as is required by K.S.A. 25-
409, and 25-1136 and 25-1337, and amendments thereto, or other specific
provision of law or as is authorized to carry out a recount under subsection
(b), or as authorized under subsection (e).
(b) If a majority of the members of the county board of canvassers
shall determine that there are manifest errors appearing on the face of the
poll books of any election board , which that might make a difference in
the result of any election, or if any candidate shall request the recount of
the ballots cast in all or in only specified voting areas for the office for
which the person is a candidate , or if any registered elector who cast a
ballot in a question submitted election requests a recount in all or only
specified voting areas to determine the result of the election, the county
board of canvassers shall cause a special election board appointed by the
county election officer to meet under the supervision of the county election
officer and recount the ballots with respect to any office or question
submitted specified by the county board of canvassers or requested by the
candidate or elector. If a recount is required in a county that uses optical
scanning systems as defined in K.S.A. 25-4601 et seq., and amendments
thereto, or electronic or electromechanical voting systems, as defined in
K.S.A. 25-4401, and amendments thereto, the method of conducting the
recount shall be at the discretion of the person requesting the recount. The
county election officer shall not be a member of the special election board.
Before the special election board meets to recount the ballots upon a
properly filed request, the party who makes the request shall file with the
county election officer a bond, with security to be approved by the county
or district attorney, conditioned to pay all costs incurred by the county in
making the recount. In the event that the candidate requesting the recount
is declared the winner of the election as a result of the recount, or if as a
result of the recount a question submitted is overturned, no action shall be
taken on the person's bond and the county shall bear the costs incurred for
the recount. Any recount must be requested in writing and filed with the
county election officer not later than 55:00 p.m. on the day following the
last meeting of the county board of canvassers. The request shall specify
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which voting areas are to be recounted. The county election officer shall
immediately notify any candidate involved in the election for which the
recount is requested, or shall notify the county chairperson of each
candidate's party. Any recount shall be initiated not later than the following
day and shall be completed not later than 55:00 p.m. on the fifth day
following the filing of the request for a recount, including Saturdays,
Sundays and holidays. Upon completion of any recount under this
subsection, the election board shall package and reseal the ballots as
provided by law and the county board of canvassers shall complete its
canvass. The members of the special election board shall be paid as
prescribed in K.S.A. 25-2811, and amendments thereto, for time actually
spent making the recount.
(c) (1) The provisions of this subsection shall apply to any election
for:
(A) Any state or national office elected on a statewide basis;
(B) the office of president or vice president of the United States;
(C) the office of members of the United States house of
representatives;
(D) the office of members of the state senate or the house of
representatives whose district is located in two or more counties;
(E) the office of members of the state board of education; and
(F) a constitutional amendment.
(2) Any candidate may request a recount in one or more counties.
Any registered elector who cast a ballot in an election for a constitutional
amendment submitted may request a recount in one or more counties. Any
such recount shall be requested in writing and filed with the secretary of
state not later than 55:00 p.m. on the day following the last meeting of the
county board of canvassers canvassing votes in the election for which the
recount is requested. The request shall specify which counties or precincts
are to be recounted. If a recount is required in a county that uses optical
scanning equipment, as defined in K.S.A. 25-4601, and amendments
thereto, or electronic or electromechanical voting systems, as defined in
K.S.A. 25-4401, and amendments thereto, the method of conducting the
recount shall be at the discretion of the person requesting the recount.
Except as provided by this subsection and subsection (d), the person
requesting the recount shall file, contemporaneously with a request for a
recount, a bond with the secretary of state, with security to be approved by
the secretary of state, conditioned to pay all costs incurred by the counties
and the secretary of state in making the recount. The amount of the bond
shall be determined by the secretary of state. A candidate described in
subsection (c)(1)(D) and (E) may post a bond as provided by subsection
(b) in lieu of the bond required by this subsection. In the event that the
candidate requesting the recount is declared the winner of the election as a
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result of the recount, no action shall be taken on the candidate's bond and
the counties shall bear the costs incurred for the recount.
(3) The secretary of state immediately shall notify each county
election officer affected by the recount and any candidate involved in the
election for which the recount is requested. If the candidate cannot be
reached, then the secretary of state shall notify the state chairperson of
such candidate's party. Any such recount shall be conducted under the
supervision of the county election officers at the direction of the secretary
of state, and shall be initiated not later than the following day and shall be
completed not later than 55:00 p.m. on the fifth day following the filing of
the request for a recount, including Saturdays, Sundays and holidays. Each
county election officer involved in the recount shall appoint a special
election board to recount the ballots. The members of the special election
board shall be paid as prescribed in K.S.A. 25-2811, and amendments
thereto, for time actually spent making the recount. Upon completion of
any recount under this subsection, the special election board in each
county shall package and reseal the ballots as provided by law and the
county board of canvassers shall complete its canvass. The county election
officer in each county immediately shall certify the results of the recount
to the secretary of state.
(d) (1) The provisions of this subsection shall apply to any general
elections for:
(A) Any state or national office elected on a statewide basis;
(B) the office of president or vice president of the United States;
(C) the office of members of the United States house of
representatives;
(D) the office of members of the state senate or the house of
representatives; and
(E) the office of members of the state board of education.
(2) Whenever the election returns reflect that a candidate for office
was defeated by ½ of 1% or less of the total number of votes cast and if
the candidate requests a recount in one or more counties, no bond shall be
required and the state shall bear the cost of any recount performed using
the method by which the ballots were counted originally.
(3) Not later than 60 days following a recount conducted pursuant to
this subsection, the board of county commissioners of each county in
which the recount occurred shall certify to the secretary of state the
amount of all necessary direct expenses incurred by the county. Payment
for such expenses shall be made to the county treasurer of the county upon
warrants of the director of accounts and reports pursuant to vouchers
approved by the secretary of state. Upon receipt of such payment and
reimbursements, the county treasurer shall deposit the entire amount
thereof in the county election fund , if there is one , and if there is not none
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then to the county general fund.
(4) The secretary of state, with the advice of the director of accounts
and reports, shall determine the correctness of each amount certified under
this section and adjust any discrepancies discovered before approving
vouchers for payment to any county.
(e) Procedures for canvassing and challenging advance voting ballots
received by mail after the closing of the polls pursuant to K.S.A. 25-
1132(b), and amendments thereto, shall be as set forth in rules and
regulations adopted by the secretary of state as authorized by K.S.A. 25-
1132(b), and amendments thereto.
Sec. 9. K.S.A. 25-1123, 25-1133, 25-1134 and 25-1136 and K.S.A.
2025 Supp. 25-1122, 25-1132, 25-2311 and 25-3107 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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