Relating to campaign finance; concerning a vacancy in the joint candidacy of the governor and lieutenant governor; relating to reasons for withdrawal of candidacy from national, state and local offices; relating to the election of the board of directors of certain irrigation districts; specifying when such elections may be conducted by the mail ballot election law; relating to the crime of corrupt political advertising; removing the requirements that treasurers be listed in political advertising attributions; clarifying campaign finance reports regarding vendor information.

House Substitute for SENATE BILL No. 260
AN ACT concerning elections; relating to campaign finance; concerning a vacancy in the
joint candidacy of the governor and lieutenant governor; relating to reasons for
withdrawal of candidacy from national, state and local offices; relating to the election
of the board of directors of certain irrigation districts; specifying when such elections
may be conducted by the mail ballot election law; relating to the crime of corrupt
political advertising; removing the requirement that treasurers be listed in political
advertising attributions; clarifying campaign finance reports regarding vendor
information; amending K.S.A. 25-306b, 25-2020, 25-2106, 25-2407, 25-4003, 25-
4148, 25-4156, 42-706 and 71-1414 and K.S.A. 2025 Supp. 25-432 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-306b is hereby amended to read as follows:
25-306b. (a) Except as provided by this section, no person who has
been nominated by any means for any national, state, county or
township office may be withdrawn from nomination after the day of the
primary election.
(b) (1) A person who has been nominated by any means for any
national, state, county or township office may be withdrawn from
nomination if:
(A) The nominee certifies to the secretary of state that such
nominee is withdrawing from nomination because of a severe medical
hardship on the nominee or the nominee's immediate family. Such
nominee shall send the secretary a certification of the severe medical
hardship signed by a medical doctor; or
(B) the nominee certifies to the secretary of state that the nominee
does not reside in the state of Kansas , or in the county or district in
which the candidate was nominated.
(2) If the secretary of state receives either of the certifications
listed in paragraph (A) or (B) from a nominee on or before the first day
of September following a primary election, such nominee's name shall
be withdrawn from nomination and such nominee's name shall not be
printed on the ballots for such office for the general election. The
secretary of state, in the case of national and state offices, or the county
election officer in the case of county or township offices, shall notify
the chairperson or the vice-chairperson of the party committee of the
congressional district, county or state, as the case may be, of such
vacancy within 48 hours of receiving a certification listed in paragraph
(1)(A) or (B).
(c) In the case of the death of a person who has been nominated
for any national, state, county or township office, which occurs on or
before the first day of September following a primary election, such
nominee's name shall be withdrawn from nomination and such
nominee's name shall not be printed on the ballots for such office for
the general election. The secretary of state in the case of national and
state offices, or the county election officer in the case of county or
township offices, shall notify the chairperson or the vice-chairperson of
the party committee of the congressional district, county or state, as the
case may be, of such vacancy within 48 hours of receiving notification
of such death.
Sec. 2. K.S.A. 2025 Supp. 25-432 is hereby amended to read as
follows: 25-432. (a) Except as otherwise provided, an election shall not
be conducted under this act unless:
(a)(1) The secretary of state approves a written plan for conduct of
the election, including, but not limited to, a written timetable for the
conduct of the election, submitted by the county election officer;
(b)(2) the election is nonpartisan;
(c)(3) the election is not one at which any candidate is elected,
retained or recalled;
(d)(4) the election is not held on the same date as another election
in which the qualified electors of that subdivision of government are
eligible to cast ballots, except this restriction shall not apply to mail
House Substitute for SENATE BILL No. 260—page 2
ballot elections held under K.S.A. 79-2925c, and amendments thereto,
or elections held on the first Tuesday after the first Monday in March;
and
(e)(5) the election is a question submitted election and all of the
qualified electors of one of the following subdivisions of government
are the only electors eligible to vote on such question:
(1)(A) Counties;
(2)(B) cities;
(3)(C) school districts, except in an election held pursuant to
K.S.A. 72-635 et seq., and amendments thereto;
(4)(D) townships;
(5)(E) benefit districts organized under K.S.A. 31-301, and
amendments thereto;
(6)(F) cemetery districts organized under K.S.A. 15-1013 or 17-
1330, and amendments thereto;
(7)(G) community college districts organized under K.S.A. 71-
1101 et seq., and amendments thereto;
(8)(H) fire districts organized under K.S.A. 19-3601 or 80-1512,
and amendments thereto;
(9)(I) hospital districts;
(10)(J) improvement districts organized under K.S.A. 19-2753,
and amendments thereto;
(11)(K) Johnson county park and recreation district organized
under K.S.A. 19-2859, and amendments thereto;
(12)(L) water districts organized under K.S.A. 19-3501 et seq.,
and amendments thereto;
(13)(M) transportation development districts created pursuant to
K.S.A. 12-17,140 et seq., and amendments thereto; or
(14)(N) any tract of land annexed pursuant to K.S.A. 12-521, and
amendments thereto.
(b) The election of irrigation district directors pursuant to K.S.A.
42-706, and amendments thereto, may be conducted by mail ballot in
accordance with this act.
Sec. 3. K.S.A. 25-2020 is hereby amended to read as follows: 25-
2020. (a) (1) When a district method of election is in effect in any
school district, a person may become a candidate for election to board
member by any one of the following methods:
(1)(A) Any person who is an elector in any member district may
petition to be a candidate for board member from the member district in
which such person resides. Any such person shall file with the county
election officer, a petition for such candidacy signed by not less than 50
electors residing in such member district or by a number of such
electors equal to not less than 10% of the electors residing in such
member district, whichever is less.
(2)(B) Any person who is an elector in any school district may
petition to be a candidate for board member at-large from the school
district in which such person resides. Any such person shall file with
the county election officer, a petition for such candidacy signed by not
less than 50 electors residing in such school district.
(3)(C) Any person who is an elector in any member district may
become a candidate for board member from the member district in
which such person resides by filing with the county election officer a
declaration of intention to become such a candidate, and payment
therewith of a filing fee in the amount of $20. Such declaration shall be
prescribed by the secretary of state.
(4)(D) Any person who is an elector in any school district may
become a candidate for board member at-large from the school district
in which such person resides by filing with the county election officer a
declaration of intention to become such a candidate, and payment
House Substitute for SENATE BILL No. 260—page 3
therewith of a filing fee in the amount of $20. Such declaration shall be
prescribed by the secretary of state.
(5)(2) Any such petition or declaration shall specify the member
position for which the person is a candidate.
(b) (1) When the election at large method is in effect in any school
district, a person may become a candidate for election to board member
by either one of the following methods:
(1)(A) Any person who is an elector of the school district may
petition to be a candidate for board member. Any such person shall file
with the county election officer a petition for such candidacy signed by
not less than 50 electors residing in the school district.
(2)(B) Any person who is an elector in the unified school district
may become a candidate for board member by filing with the county
election officer a declaration of intention to become such a candidate,
and payment therewith of a filing fee in the amount of $20. Such
declaration shall be prescribed by the secretary of state.
(3)(2) Any such petition or declaration which that is for an
unexpired term of a member shall so specify.
(c) (1) Any such petition or declaration of intent must shall be
filed before the filing deadline as prescribed in K.S.A. 25-205, and
amendments thereto. No candidate shall be permitted to withdraw from
candidacy after the filing deadline , except that a candidate shall be
withdrawn from an election if:
(A) The candidate certifies to the county election officer that such
candidate is withdrawing because of severe medical hardship on the
candidate or the candidate's immediate family. Such candidate shall
send the county election officer a certification of the severe medical
hardship signed by a physician; or
(B) the candidate certifies to the county election officer that such
candidate no longer resides in the district for which the candidate filed
for office.
(2) If the county election officer receives a certification as
described in subparagraph (1) on or before September 1 of the year of
the election, such candidate's name shall be withdrawn and shall not
be printed on the ballots.
(3) If a candidate dies on or before September 1 of the year of the
election, such candidate's name shall be withdrawn and shall not be
printed on the ballots.
(d) Within three days from the date of the filing of a nomination
petition or a declaration of intention to become a candidate for board
member, the county election officer shall determine the validity of such
petition or declaration.
(e) If a nomination petition or declaration is found to be invalid,
the county election officer shall notify the candidate on whose behalf
the petition or declaration was filed that such nomination petition or
declaration has been found to be invalid and the reason for the finding.
Such candidate may make objection to the finding of invalidity by the
county election officer in accordance with K.S.A. 25-308, and
amendments thereto.
Sec. 4. K.S.A. 25-2106 is hereby amended to read as follows: 25-
2106. (a) "Filing deadline" means the hour, date or time after which it
is provided by law that no person may become a candidate for election
to public office. After the effective date of this act,
(b) (1) No candidate shall be permitted to withdraw his from
candidacy after the filing deadline , except that a candidate shall be
withdrawn from an election if:
(A) The candidate certifies to the county election officer that such
candidate is withdrawing because of severe medical hardship on the
candidate or the candidate's immediate family. Such candidate shall
House Substitute for SENATE BILL No. 260—page 4
send the county election officer a certification of the severe medical
hardship signed by a physician; or
(B) the candidate certifies to the county election officer that such
candidate no longer resides in the district for which the candidate filed
for office.
(2) If the county election officer receives a certification as
described in subparagraph (1) on or before the September 1 of the year
of the election, such candidate's name shall be withdrawn and shall not
be printed on the ballots.
(3) If a candidate dies on or before September 1 of the year of the
election, such candidate's name shall be withdrawn and shall not be
printed on the ballots.
Sec. 5. K.S.A. 25-2407 is hereby amended to read as follows: 25-
2407. Corrupt political advertising is:
(a) (1) Publishing or causing to be published in a newspaper or
other periodical any paid matter which that expressly advocates the
nomination, election or defeat of any candidate, unless such matter is
followed by the word "advertisement" or the abbreviation "adv." in a
separate line together with the name of the chairman of the political or
other organization inserting the same or the name of the person who is
responsible therefor; or
(2) broadcasting or causing to be broadcast by any radio or
television station any paid matter which expressly advocates the
nomination, election or defeat of any candidate, unless such matter is
followed by a statement which states: "Paid for" or "Sponsored by"
followed by the name of the sponsoring organization and the name of
the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the person who is responsible
therefor; or
(3) publishing or causing to be published in a newspaper or other
periodical any paid matter which is intended to influence the vote of
any person or persons for or against any question submitted for a
proposition to amend the constitution or to authorize the issuance of
bonds or any other question submitted at an election, unless such matter
is followed by the word "advertisement" or the abbreviation "adv." in a
separate line together with the name of the chairman of the political or
other organization inserting the same or the name of the person who is
responsible therefor;
(4) broadcasting or causing to be broadcast by any radio or
television station any paid matter which is intended to influence the
vote of any person or persons for or against any question submitted for
a proposition to amend the constitution or to authorize the issuance of
bonds or any other question submitted at an election, unless such matter
is followed by a statement which states: "Paid for" or "Sponsored by"
followed by the name of the sponsoring organization and the name of
the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the person who is responsible
therefor; or
(5) publishing or causing to be published any brochure, flier or
other political fact sheet which is intended to influence the vote of any
person or persons for or against any question submitted for a
proposition to amend the constitution or to authorize the issuance of
bonds or any other question submitted at an election, unless such matter
is followed by a statement which states: "Paid for" or "Sponsored by"
followed by the name of the sponsoring organization and the name of
the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor.
(b) Corrupt political advertising is a class C misdemeanor.
House Substitute for SENATE BILL No. 260—page 5
(c) For the purposes of this section, the term "expressly advocate
the nomination, election or defeat of a candidate" shall have the
meaning ascribed to it means the same as defined in K.S.A. 25-4143,
and amendments thereto.
Sec. 6. K.S.A. 25-4003 is hereby amended to read as follows: 25-
4003. (a) The candidates for governor and lieutenant governor shall be
nominated and elected jointly as provided in this act.
(b) No vacancy in the candidacy of governor or lieutenant
governor shall be filled after a joint candidacy has been filed with the
secretary of state. If such vacancy occurs for any reason, then such
joint candidacy is terminated. The remaining candidate may file a new
joint candidacy with another individual in accordance with all
statutory requirements for such filing, including payment of the filing
fee.
Sec. 7. K.S.A. 25-4148 is hereby amended to read as follows: 25-
4148. (a) Every treasurer shall file a report prescribed by this section.
Reports filed by treasurers for candidates for state office, other than
officers elected on a state-wide statewide basis, shall be filed in both
with the office of the secretary of state. Reports filed by treasurers for
candidates for state-wide statewide office shall be filed electronically
and only with the secretary of state. Reports filed by treasurers for
candidates for local office shall be filed in the office of the county
election officer of the county in which the name of the candidate is on
the ballot. Except as otherwise provided by subsection (h), all such
reports shall be filed in time to be received in the offices required on or
before each of the following days:
(1) The eighth day preceding the primary election, which report
shall be for the period beginning on January 1 of the election year for
the office the candidate is seeking and ending 12 days before the
primary election, inclusive;
(2) the eighth day preceding a general election, which report shall
be for the period beginning 11 days before the primary election and
ending 12 days before the general election, inclusive;
(3) January 10 of the year after an election year, which report shall
be for the period beginning 11 days before the general election and
ending on December 31, inclusive;
(4) for any calendar year when no election is held, a report shall
be filed on the next January 10 for the preceding calendar year; and
(5) a treasurer shall file only the annual report required by
subsection paragraph (4) for those years when the candidate is not
participating in a primary or general election.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;
(2) the name and address of each person who has made one or
more contributions in an aggregate amount or value in excess of $50
during the election period together with the amount and date of such
contributions, including the name and address of every lender,
guarantor and endorser when a contribution is in the form of an
advance or loan;
(3) the aggregate amount of all proceeds from bona fide sales of
political materials such as, but not limited to, political campaign pins,
buttons, badges, flags, emblems, hats, banners and literature;
(4) the aggregate amount of contributions for which the name and
address of the contributor is not known;
(5) each contribution, rebate, refund or other receipt not otherwise
listed;
(6) the total of all receipts;
(7) the name and address of each person to whom expenditures
have been made in an aggregate amount or value in excess of $50, with
House Substitute for SENATE BILL No. 260—page 6
the amount, date, and purpose of each;
(8) the names and addresses of all persons to whom any loan or
advance has been made;
(9) when an expenditure is made by payment to an advertising
agency, public relations firm or political consultants for disbursement
to vendors, the report of such expenditure shall show in detail the name
of each such vendor and the amount, date and purpose of the payments
to each the amount, the date and purpose of each such expenditure;
(8)(10) the name and address of each person from whom an in-
kind contribution was received or who has paid for personal services
provided without charge to or for any candidate, candidate committee,
party committee or political committee, if the contribution is in excess
of $100 and is not otherwise reported under subsection (b)(7) , (b)(8) or
(b)(9), and the amount, date and purpose of the contribution;
(9)(11) the aggregate of all expenditures not otherwise reported
under this section; and
(10)(12) the total of expenditures.
(c) In addition to the requirements of subsection (b), every
treasurer for any political committee and party committee shall report
the following:
(1) (A) The name and address of each candidate for state or local
office for whom an expenditure in the form of an in-kind contribution
has been made in an aggregate amount or having a fair market value in
excess of $300, with the amount, date and purpose of each. The report
shall show in detail the specific service or product provided; and
(B) the name and address of each candidate for state or local office
who is the subject of an expenditure which that:
(i) Is made without the cooperation or consent of a candidate or
candidate committee;
(ii) expressly advocates the nomination, election or defeat of such
candidate; and
(iii) is an aggregate amount or having a fair market value in excess
of $300.
(2) The report shall state the amount, date and purpose of the
expenditure in the form of an in-kind contribution. The report shall
show in detail the specific service or product provided. The reporting
requirements imposed by this subsection shall be in addition to all other
requirements required by this section.
(d) Treasurers of candidates and of candidate committees shall
itemize the purchase of tickets or admissions to testimonial events by a
person who purchases such tickets or admissions in an aggregate
amount or value in excess of $50 per event, or who purchases such a
ticket or admission at a cost exceeding $25 per ticket or admission. All
other purchases of tickets or admissions to testimonial events shall be
reported in an aggregate amount and shall not be subject to the
limitations specified in K.S.A. 25-4154, and amendments thereto.
(e) If a contribution or other receipt from a political committee is
required to be reported under subsection (b), the report shall include the
full name of the organization with which the political committee is
connected or affiliated or, a description of the connection to or
affiliation with such organization. If, the committee is not connected or
affiliated with any one organization, the report shall state the trade,
profession or primary interest of the political committee as reflected by
the statement of purpose of such organization.
(f) The commission may require any treasurer to file an amended
report for any period for which the original report filed by such
treasurer contains material errors or omissions. The notice of the errors
or omissions shall be part of the public record. The amended report
shall be filed within 30 days after notice by the commission.
House Substitute for SENATE BILL No. 260—page 7
(g) The commission may require any treasurer to file a report for
any period for which the required report is not on file. The notice of the
failure to file shall be part of the public record. Such report shall be
filed within five days after notice by the commission.
(h) For the purpose of any report required to be filed pursuant to
subsection (a) by the treasurer of any candidate seeking nomination by
convention or caucus or by the treasurer of the candidate's committee
or by the treasurer of any party committee or political committee, the
date of the convention or caucus shall be considered the date of the
primary election.
(i) If a report is sent by certified or registered mail on or before the
day it is due, the mailing shall constitute receipt by that office.
(j) Any report required by this section may be signed by the
candidate in lieu of the candidate's treasurer or the treasurer of the
candidate's committee.
Sec. 8. K.S.A. 25-4156 is hereby amended to read as follows: 25-
4156. (a) (1) Whenever any person sells space in any newspaper,
magazine or other periodical to a candidate or to a candidate
committee, party committee or political committee, the charge made for
the use of such space shall not exceed the charges made for comparable
use of such space for other purposes.
(2) Intentionally charging an excessive amount for political
advertising is a class A misdemeanor.
(b) (1) Except as provided in paragraph (2), corrupt political
advertising of a state or local office is:
(A) Publishing or causing to be published in a newspaper or other
periodical any paid matter that expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless such matter is followed by the word "advertisement" or
the abbreviation "adv." in a separate line together with the name of the
chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor;
(B) broadcasting or causing to be broadcast by any radio or
television station any paid matter that expressly advocates the
nomination, election or defeat of a clearly identified candidate for a
state or local office, unless such matter is followed by a statement that
states: "Paid for" or "Sponsored by" followed by the name of the
sponsoring organization and the name of the chairperson or treasurer of
the political or other organization sponsoring the same or the name of
the individual who is responsible therefor;
(C) telephoning or causing to be contacted by any telephonic
means including, but not limited to, any device using a voice over
internet protocol or wireless telephone, any paid matter that expressly
advocates the nomination, election or defeat of a clearly identified
candidate for a state or local office, unless such matter is preceded by a
statement that states: "Paid for" or "Sponsored by" followed by the
name of the sponsoring organization and the name of the chairperson or
treasurer of the political or other organization sponsoring the same or
the name of the individual who is responsible therefor;
(D) publishing or causing to be published any brochure, flier or
other political fact sheet that expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless such matter is followed by a statement that states: "Paid
for" or "Sponsored by" followed by the name of the chairperson or
treasurer of the political or other organization sponsoring the same or
the name of the individual who is responsible therefor.
The provisions of this subparagraph (D) requiring the disclosure of
the name of an individual shall not apply to individuals making
House Substitute for SENATE BILL No. 260—page 8
expenditures in an aggregate amount of less than $2,500 within a
calendar year; or
(E) making or causing to be made any website, e-mail or other
type of internet communication that expressly advocates the
nomination, election or defeat of a clearly identified candidate for a
state or local office, unless the matter is followed by a statement that
states: "Paid for" or "Sponsored by" followed by the name of the
chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor.
The provisions of this subparagraph (E) requiring the disclosure of
the name of an individual shall apply only to any website, email or
other type of internet communication that is made by the candidate, the
candidate's candidate committee, a political committee or a party
committee and the website, email or other internet communication
viewed by or disseminated to at least 25 individuals. For the purposes
of this subparagraph, the terms "candidate," "candidate committee,"
"party committee" and "political committee" shall have the meanings
ascribed to them means the same as defined in K.S.A. 25-4143, and
amendments thereto.
(2) The provisions of subsections subsection (b)(1)(C) and (E)
shall not apply to the publication of any communication that expressly
advocates the nomination, election or defeat of a clearly identified
candidate for state or local office, if such communication is made over
any social media provider which has a character limit of 280 characters
or fewer.
(3) Corrupt political advertising of a state or local office is a class
C misdemeanor.
(c) If any provision of this section or application thereof to any
person or circumstance is held invalid, such invalidity does not affect
other provisions or applications of this section that can be given effect
without the invalid application or provision, and to this end the
provisions of this section are declared to be severable.
Sec. 9. K.S.A. 42-706 is hereby amended to read as follows: 42-
706. (a) The officers of such an irrigation district established under
K.S.A. 42-704, and amendments thereto, shall be a board of directors
consisting of three members who shall be persons entitled to vote as
provided in subsection (g) and residents of a county in which the such
irrigation district or a portion thereof is located, or a county adjoining a
county in which such irrigation district or a portion thereof is located.
Such members shall hold office for a period of two , three or four years,
such term of office being established by the board of directors by
passage of a resolution, and each shall serve until a successor has been
elected and qualified. The members of the board of directors first
elected after the creation of an irrigation district shall hold their
respective offices until the next regular election for the election of
directors as provided in subsection (d), (e) or (f) of this section , except
that the terms of the three directors shall be as provided in subsection
(d) or (e) of this section.
(b) The chief engineer of the division of water resources, after the
incorporation of such irrigation district, shall establish and designate
the polling place or places therein where the first election will be
conducted and fix the time for such election within 60 days after the
date of incorporation. In any irrigation district of more than 35,000
acres, the chief engineer of the division of water resources shall, prior
to designating polling places, establish three voting areas within such
district as equal as possible in acreage and shall designate the same as
the first, second or third voting area. Such polling place or places may
thereafter be changed by the board of directors, and the board may
House Substitute for SENATE BILL No. 260—page 9
arrange for polling places outside the corporate boundaries of the
district if such places are more convenient than locations within the
district. Prior to the holding of the first election in newly created
districts, the chief engineer of the division of water resources shall
appoint from the qualified electors of the district three persons for such
election for each voting place who shall constitute boards of election
for such district for such election. If the members appointed do not
attend at the opening of the polls on the day of election, at the opening
hour, the electors present at that hour shall elect from the electors
present members of the election board necessary to fill the place of any
absent member.
(c) Unless the board of directors adopts a resolution providing for
mail ballot elections under subsection (d)(5), the board of directors of
every district of more than 35,000 acres which that was incorporated
prior to the effective date of this act shall establish three voting areas
within the district as equal as possible in acreage and designate the
same as the first, second or third voting area. The board shall also
establish and designate the polling place or places within each voting
area. At the first election held after the effective date of this act, a
director shall be elected for the term length established by the board.
(d) (1) Except as provided in paragraph (2) (5), all elections shall
be conducted in accordance with the general election laws of the state
except as otherwise provided in this act. Advance voting as provided in
article 11 of chapter 25 of the Kansas Statutes Annotated, and
amendments thereto, shall be provided for by the county election
officers and boards of directors for those persons entitled to vote under
subsection (g). The forms for the ballot envelope declaration as
provided in K.S.A. 25-1120, and amendments thereto, and the
applications for advance ballots as provided in K.S.A. 25-1122d, and
amendments thereto, shall be modified to establish that such person is a
qualified owner of irrigable land within the district. After polls are
closed the election boards shall proceed to canvass the votes cast
thereat, shall certify to the county election officer of the county in
which all or the greater part of the population of the irrigation district is
located and the chief engineer the result of such election. The clerks
shall then securely wrap the ballots cast at such elections and shall
express or mail the same by registered mail to the county election
officer of the county in which all or the greater part of the population of
the irrigation district is located. The county election officer shall
canvass the ballots, verify the results and declare the person receiving
the highest number of votes duly elected as director , except that at the
first election after creation of a district the county election officer of the
county in which all or the greater part of the population of the irrigation
district is located shall declare the three persons receiving the highest
number of votes duly elected as directors except that in districts , or, if
such district is divided into three voting areas, the person receiving the
highest number of votes in each voting area shall be declared duly
elected as director. Such county election officer shall immediately mail,
to each person elected to the office of director a certificate of election
signed by such officer.
(2) The directors shall thereupon qualify and enter upon the duties
of their office. Directors shall qualify by taking and subscribing to an
oath of office of substantially the same tenor as oath of office
prescribed for county officials. Each member of the board of directors
shall execute an official bond in the sum of $1,000 which oath and
bond shall be filed with the county election officer of the county in
which all or the greater part of the population of the irrigation district is
located. The treasurer of each irrigation district shall execute to the
district a corporate surety bond in an amount at least equal to 125% of
House Substitute for SENATE BILL No. 260—page 10
the amount, as near as can be ascertained, that shall be in such person's
hands as treasurer at any one time. The amount and sufficiency of the
bond of the treasurer shall be determined by the county election officer.
Upon approval of the bond, the county election officer shall endorse
such approval thereon and file the same in the office of the county
election officer and shall immediately notify the county treasurer of the
county in which the registered office of the irrigation district is located
of such approval and filing.
(3) In the event of the breach of any condition of the treasurer's
bond, the president and secretary of the board shall cause a suit to be
commenced thereon in the name of the irrigation district. It shall not be
necessary to include the treasurer as a party to the action and the money
collected shall be applied to the use of the district, as the same should
have been applied by the treasurer. Should the president and secretary
neglect or refuse to prosecute such a suit, then any person entitled to
vote as provided in subsection (g) may cause such suit to be instituted.
Premiums on surety bonds for such directors and treasurers of irrigation
districts shall be paid by the district out of its general funds.
(4) In case the office of any director shall become vacant the
remaining members of the board shall fill the vacancy by appointment.
A director appointed to fill a vacancy shall serve the unexpired term of
the director whose term such person was appointed to fill.
(2)(5) For any election except the election required in subsection
(b), the board of directors may adopt a procedure resolution providing
for the election of members by mail ballot in an even-numbered or
odd-numbered year. Such procedure shall require the board to mail
ballots to all persons entitled to vote, to receive and tabulate the ballots,
to canvass the election and to certify the results to the county election
officer Any such resolution shall be submitted to the county election
officer of each county containing territory of the district. The election
shall be held on the first Tuesday in March in each even-numbered or
odd-numbered year as specified in such resolution. Not less than 90
days prior to the date of each such election, the county election officers
of each county containing territory of the district shall jointly file a
mail ballot election plan with the secretary of state. No person shall
file as a candidate for a position on the board of directors of such
district after 12:00 p.m. 10 weeks prior to the date of the election.
Except as otherwise provided in this section, all elections held
pursuant to this paragraph shall be conducted in accordance with the
general election laws of this state and the mail ballot election act,
K.S.A. 25-431 et seq., and amendments thereto . The irrigation district
shall be responsible for the direct expenses of conducting the election.
The ballot envelope used for mailing ballots shall contain a declaration
establishing that the person who signs the declaration is a qualified
owner of irrigable land within the district. In the resolution providing
for the election of members by mail ballot, the board of directors shall
establish the term of such members to be a period of two, three or four
years.
(e) (1) All regular elections of directors of irrigation districts shall
be held the Tuesday following the first Monday in November in odd-
numbered years.
(2) Any districts organized after the regular election shall hold its
election at the next regular election following incorporation of the
district and, at this election three directors shall be elected and the
person receiving the highest number of votes shall serve for a term of
four years, the persons receiving the second and third highest number
of votes shall serve for a term of two years. In case the first election
after creation of a district is held between June 1 of any year and the
day preceding the Tuesday following the first Monday in November of
House Substitute for SENATE BILL No. 260—page 11
the next succeeding odd-numbered year, the next regular election shall
be held in the second succeeding odd-numbered year. At each
subsequent regular election, only one director directors shall be elected
each year for a term of four years.
(3) Any person desiring to be a candidate for election to the board
of directors shall file a candidate's declaration of intention with the
county election officer of the county in which all or the greater part of
the population of the district is located. Such candidate's filing shall
utilize the procedures provided in K.S.A. 25-21a03, and amendments
thereto, and K.S.A. 25-205, and amendments thereto. The county
election officer shall prepare the ballot, and place the names thereon in
alphabetical order and shall supply election officials with necessary
ballots and polling books at the irrigation district's expense. At least
five days before any election, the county clerks of the various counties
within which a portion of the district is located, shall cause to be
ascertained the names of all persons entitled to vote as provided in
subsection (g) and shall furnish lists thereof to each election board
within such county and to the secretary of the board of directors of the
district. Notice of the time and places of holding of the general election,
shall be published by the county election officer in a newspaper of
general circulation in the district in accordance with K.S.A. 25-105,
and amendments thereto. The results of all special or bond elections
shall be made available to the secretary of the district. All expenses of
election, not otherwise provided for herein, shall be paid for out of the
general funds of the irrigation district. Election officials shall receive
the same compensation as provided under general election laws.
(4) The provisions of this subsection shall not apply to any
election conducted pursuant to subsection (d)(5) or (f).
(f) In lieu of the election procedures provided in this section
pertaining to regular elections of directors in accordance with the
general election laws of the state, the board of directors of any
irrigation district of less than 35,000 acres in size may call an annual
meeting of all persons entitled to vote as provided in subsection (g) for
the purpose of electing directors. Such annual meeting shall be held on
the first Tuesday in March. Notice of the time and place of holding said
annual meeting shall be given in some newspaper or newspapers of
general circulation in the district for one issue at least 30 days prior to
date of such meeting. Elections at the annual meeting shall be by ballot,
with absentee voting as provided under subsection (d) of this section .
All persons desiring to be voted upon as director shall at least 30 days
before the day of holding the annual meeting file such person's name
with the secretary of the board of directors of the district, affixed to a
statement that such person desires such person's name to be placed on
the ballot as a candidate for member of board of directors of the
district. The board of directors shall appoint three owners of irrigable
land in the district to serve as an election board at the annual meeting.
After the votes are cast at the annual meeting the election board shall
proceed to canvass the votes and shall certify to the county election
officer of the county in which all or the greater part of the population of
the irrigation district is located and the chief engineer the result of such
election. All provisions of this section not inconsistent with the
provisions of subsection (f) shall apply to the election of directors at the
annual meeting.
(g) (1) Until such time as assessments are made in the district
pursuant to K.S.A. 42-715, and amendments thereto, those persons
entitled to vote shall be "qualified owners of land" within the irrigation
district, as such term is defined in K.S.A. 42-701, and amendments
thereto, and who are otherwise qualified electors.
(2) After lands have been assessed in the district pursuant to
House Substitute for SENATE BILL No. 260—page 12
K.S.A. 42-715, and amendments thereto, those persons entitled to vote
shall be "qualified owners of land" within the irrigation district as such
term is defined in K.S.A. 42-701, and amendments thereto, which has
been assessed pursuant to K.S.A. 42-715, and amendments thereto, and
who are otherwise qualified electors. For voting purposes, any person
entitled to vote under this subsection who owns land in more than one
voting area shall vote in the voting area which that includes the greatest
portion of such person's land.
(h) As used in this section, the term "qualified electors" shall
include includes a person who is the legal qualified owner of irrigable
land or a person, who is authorized, in writing, to vote for a trust,
corporation, association or partnership which that is the legal qualified
owner of irrigable land. Such person is not required to be a resident of
the district. Such trust, corporation, association or partnership shall be
allowed only one vote. The person authorized by such entity to vote
shall be someone who is not otherwise entitled to a vote under this
section.
Sec. 10. K.S.A. 71-1414 is hereby amended to read as follows: 71-
1414. (a) (1) In college districts where a district method of election is in
effect, a person may become a candidate for election to trustee of a
community college by any one of the following methods:
(A) Any person who is an elector of any member district may
petition to be a candidate for member from the member district in
which such person resides. Any such person shall file with the election
officer a petition for such person's candidacy signed by not less fewer
than 50 electors residing in such person's member district.
(B) Any person who is an elector of any member district may
become a candidate for member from the member district in which
such person resides by filing with the election officer a declaration of
intent to be such a candidate, and payment therewith of a filing fee in
the amount of $20.
(C) If a community college adopts and implements a seven
member board of trustees plan, any person who is an elector of the
college district may petition to be a candidate for the at-large member
position. Any such person shall file with the county election officer a
petition for such candidacy signed by not less fewer than 50 electors
residing in such college district.
(D) If a community college adopts and implements a seven
member board of trustees plan, any person who is an elector of the
college district may become a candidate for the at-large member
position by filing with the county election officer a declaration of intent
to be such a candidate, and payment therewith of a filing fee in the
amount of $20.
(2) Every petition or declaration of intent filed under this
subsection must shall specify the member position for which the person
is a candidate.
(b) In college districts where the election-at-large method of
election is in effect, a person may become a candidate for election to
trustee of a community college by either one of the following methods:
(1) Any person who is an elector of the college district may
petition to be a candidate for trustee. Any such person shall file with the
election officer a petition for such person's candidacy signed by not less
fewer than 50 electors residing in the college district.
(2) Any person who is an elector of the college district may
become a candidate for trustee by filing with the election officer a
declaration of intent to be such a candidate, and payment therewith of a
filing fee in the amount of $20.
(c) (1) Every petition or declaration of intent filed under this
section must shall be filed on or before 12 noon 12:00 p.m. on June 1
House Substitute for SENATE BILL No. 260—page 13
of each odd-numbered year as provided in K.S.A. 25-205 and 25-
21a03, and amendments thereto , and K.S.A. 25-205, and amendments
thereto. No candidate shall be permitted to withdraw from candidacy
after the filing deadline, except that a candidate shall be withdrawn
from an election if:
(A) The candidate certifies to the county election officer that such
candidate is withdrawing because of severe medical hardship on the
candidate or the candidate's immediate family. Such candidate shall
send the county election officer a certification of the severe medical
hardship signed by a physician; or
(B) the candidate certifies to the county election officer that such
candidate no longer resides in the district for which the candidate filed
for office.
(2) If the county election officer receives a certification as
described in subparagraph (1) on or before the September 1 of the year
of the election, such candidate's name shall be withdrawn and shall not
be printed on the ballots.
(3) If a candidate dies on or before September 1 of the year of the
election, such candidate's name shall be withdrawn and shall not be
printed on the ballots.
Sec. 11. K.S.A. 25-306b, 25-2020, 25-2106, 25-2407, 25-4003,
25-4148, 25-4156, 42-706 and 71-1414 and K.S.A. 2025 Supp. 25-432
are hereby repealed.
House Substitute for SENATE BILL No. 260—page 14
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
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.

Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.