Read the full stored bill text
Session of 2026
HOUSE BILL No. 2659
By Representative Poetter Parshall
2-3
AN ACT concerning elections; relating to audits and recounts; requiring
that audits and recounts be conducted using a hand count of paper
ballots; amending K.S.A. 25-4413 and K.S.A. 2025 Supp. 25-2912, 25-
3009 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. 25-2912 is hereby amended to read as
follows: 25-2912. (a) (1) (A) All voting systems used for elections in this
state held on or after January 1, 2024, shall require the use of an
individual, durable, voter-verified paper ballot with a distinctive
watermark established by the secretary of state. The voter's ballot shall be:
(i) Marked by the voter, or by a person assisting the voter as
otherwise permitted by law, either by hand or by use of a voting machine
that is a non-tabulating paper ballot marking or printing device or system
that may be electromechanical or electronic;
(ii) made available to the voter for inspection and verification by the
voter after the voter has marked the ballot but before the voter's vote is
cast and counted, that may be spoiled by the voter if it fails to reflect the
voter's choices and that permits the voter to cast a new paper ballot; and
(iii) canvassed by hand or read and tabulated by vote-tabulating
equipment consisting of optical scanning equipment or other counting
equipment that counts and tabulates paper ballots.
(B) The voting system shall provide the voter with an opportunity to
correct any error on the paper ballot before the paper ballot is secured and
preserved.
(2) The voting system shall not preserve the paper ballots in any
manner that makes it possible, at any time after the ballot has been cast, to
associate a voter with the record of the voter's vote without the voter's
consent.
(3) The paper ballot shall constitute the official ballot and shall be
preserved and used as the official ballot suitable for purposes of any audit
or recount conducted with respect to any election in which the voting
system is used. Each paper ballot shall be counted by hand in any recount
conducted with respect to any election , unless the requestor of a recount
pursuant to K.S.A. 25-3107, and amendments thereto, elects not to have
the ballots counted by hand.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
HB 2659 2
(4) In the event of any inconsistencies or irregularities between any
electronic vote tallies and the vote tallies determined by counting by hand
the paper ballots cast, the paper ballots as counted by hand shall be the true
and correct record of the votes cast.
(b) The use of poll books not requiring a hand-written signature shall
be prohibited.
(c) Copies or images of cast paper ballots shall not be used for
purposes of any audit or recount.
(d) On or before January 1, 2023, the secretary of state shall adopt
rules and regulations to implement the provisions of this section.
Sec. 2. K.S.A. 2025 Supp. 25-3009 is hereby amended to read as
follows: 25-3009. (a) After an election and prior to the meeting of the
county board of canvassers to certify the official election results for any
election in which the canvassers certify the results, the county election
officer shall conduct a manual audit or tally of each vote cast, regardless of
the method of voting, in 1% of all precincts, with a minimum of one
precinct located within the county. The precinct or precincts shall be
randomly selected and the selection shall take place after the election.
(b) (1) The audit shall be performed manually and shall review all
paper ballots selected pursuant to subsection (a). The audit shall be
performed by a sworn election board consisting of bipartisan trained board
members. The county election officer shall determine the members of the
sworn election board who will conduct the audit. Copies or corresponding
ballot images of cast paper ballots shall not be considered the equivalent
to the cast paper ballot for purposes of the audit and shall not be used
when conducting the audit.
(2) The audit shall review contested races as follows:
(A) In presidential election years:
(i) One federal race;
(ii) one state legislative race;
(iii) one county race; and
(iv) one constitutional amendment question, if any.
(B) In even-numbered, non-presidential election years:
(i) One federal race;
(ii) one statewide race;
(iii) one state legislative race;
(iv) one county race; and
(v) one constitutional amendment question, if any.
(C) In even-numbered election years, any federal, statewide or state
legislative race that is within 1% of the total number of votes cast tallied
on election night, as determined by the secretary of state, shall be audited.
The county election officer shall conduct the audit in the manner set forth
in subsection (a) in 10% of all county precincts in the specified race, with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2659 3
a minimum of one precinct in the county. The precincts audited pursuant to
this subsection shall be in addition to the precincts audited under
subparagraphs (2)(A) and (B).
(D) In odd-numbered election years, two local races will be randomly
selected, and the selection shall take place after the election.
(E) Any presidential preference primary election held pursuant to
K.S.A. 25-4501a, and amendments thereto.
(c) At least five days prior to the audit, notice of the time and location
of the audit shall be provided to the public on the official county website.
The audit shall be conducted in a public setting. Any candidate or entity
who is authorized to appoint a poll agent may appoint a poll agent for the
audit.
(d) The results of the audit shall be compared to the unofficial
election night returns and a report shall be submitted to the county election
office and to the secretary of state's office prior to the meeting of the
county board of canvassers. If a discrepancy is reported between the audit
and the unofficial returns and cannot be resolved, the county election
officer or the secretary of state may require audits of additional precincts.
Once the audit has been completed, the results of the audit shall be used by
the county board of canvassers when certifying the official election results.
(e) Upon publication of the notice of the audit pursuant to subsection
(c), the signed and certified official abstracts required by K.S.A. 25-3006,
and amendments thereto, shall be made available by the county election
office for review by any authorized poll agent. Such abstracts shall be
from all precincts and shall not be limited to those precincts that are
subject to the audit. The abstracts shall be available for review until
commencement of the original canvass.
(f) The secretary of state shall adopt rules and regulations governing
the conduct and procedure of the audit, including the random selection of
the precincts and offices involved in the audit.
Sec. 3. 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-
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2659 4
election and shall finalize the preliminary abstract of election returns by
making any needed changes, and certifying its authenticity and accuracy.
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 by a
hand count of the cast paper ballots . 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
shall be requested in writing and filed with the county election officer not
later than 5 :00 p.m. on the day following the last meeting of the county
board of canvassers. The request shall specify 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2659 5
not later than 5 :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 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 5 :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 by a
hand count of the cast paper ballots. 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 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2659 6
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 5 :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 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 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2659 7
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 Copies or corresponding ballot images
of cast paper ballots shall not be considered the equivalent to the cast
paper ballot for purposes of any recount and shall not be used when
conducting any recount.
Sec. 4. K.S.A. 25-4413 is hereby amended to read as follows: 25-
4413. In the case of a recount, the ballots shall be recounted in the manner
provided by K.S.A. 25-4412 25-3107, and amendments thereto.
Sec. 5. K.S.A. 25-4413 and K.S.A. 2025 Supp. 25-2912, 25-3009 and
25-3107 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16