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Session of 2026
SENATE BILL No. 336
By Committee on Federal and State Affairs
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AN ACT concerning elections; providing for a presidential preference
primary election in 2028 and every four years thereafter; aligning the
special election date in March with the presidential preference primary
election date; amending K.S.A. 2025 Supp. 25-432, 25-1115, 25-2006,
25-2311, 25-2502, 25-4501a, 25-4505 and 25-4506 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Nothing in article 45 of chapter 25 of the Kansas
Statutes Annotated, and amendments thereto, shall be construed to repeal,
modify or otherwise supersede any provision of state law or any rules and
regulations adopted pursuant thereto governing the conduct of any election
held on the same date as a presidential preference primary election.
Sec. 2. K.S.A. 2025 Supp. 25-432 is hereby amended to read as
follows: 25-432. An election shall not be conducted under this act unless:
(a) 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) the election is nonpartisan;
(c) the election is not one at which any candidate is elected, retained
or recalled;
(d) 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 that this restriction shall not apply to: (1) Mail ballot
elections held under K.S.A. 79-2925c, and amendments thereto ,; or (2)
except as provided in subsection (e), elections held on the first Tuesday
after the first Monday in March; and
(e) the election is not held on the same date as a presidential
preference primary election; and
(f) 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) Counties;
(2) cities;
(3) school districts, except in an election held pursuant to K.S.A. 72-
635 et seq., and amendments thereto;
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(4) townships;
(5) benefit districts organized under K.S.A. 31-301, and amendments
thereto;
(6) cemetery districts organized under K.S.A. 15-1013 or 17-1330,
and amendments thereto;
(7) community college districts organized under K.S.A. 71-1101 et
seq., and amendments thereto;
(8) fire districts organized under K.S.A. 19-3601 or 80-1512, and
amendments thereto;
(9) hospital districts;
(10) improvement districts organized under K.S.A. 19-2753, and
amendments thereto;
(11) Johnson county park and recreation district organized under
K.S.A. 19-2859, and amendments thereto;
(12) water districts organized under K.S.A. 19-3501 et seq., and
amendments thereto;
(13) transportation development districts created pursuant to K.S.A.
12-17,140 et seq., and amendments thereto; or
(14) any tract of land annexed pursuant to K.S.A. 12-521, and
amendments thereto.
Sec. 3. K.S.A. 2025 Supp. 25-1115 is hereby amended to read as
follows: 25-1115. (a) "General election" means the elections held on the
Tuesday following the first Monday in November of both even-numbered
and odd-numbered years, and, in the case of an election of any officers to
fill vacancies held on a date other than the Tuesday following the first
Monday in November, the election at which any such officer is finally
elected.
(b) "Primary election" means the elections held on the first Tuesday
in August of both even-numbered and odd-numbered years and any other
preliminary election held on a date other than the first Tuesday in August
at which part of the candidates for election to any national, state, county,
city, school or other municipal office are eliminated by the process of the
election but at which no officer is finally elected.
(c) "Special election" means any election held on the first Tuesday
after the first Monday in March of any year or on the same day as a
general or primary election.
Sec. 4. K.S.A. 2025 Supp. 25-2006 is hereby amended to read as
follows: 25-2006. As used in article 20 of chapter 25 of the Kansas
Statutes Annotated, and amendments thereto:
(a) "General election" means the election held for school officers on
the Tuesday following the first Monday in November of odd-numbered
years, and , in the case of special elections of any school officers to fill
vacancies, the election at which any such officer is finally elected.
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(b) "Primary election" means the election held on the first Tuesday in
August of each odd-numbered year , and any other preliminary election at
which part of the candidates for special election to any school office are
eliminated by the process of the election but at which no officer is finally
elected.
(c) "Special election" means any election held on the first Tuesday
after the first Monday in March of any year or on the same day as a
general or primary election.
Sec. 5. 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 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 days preceding the day of any election other than one
specified in this subsection; and
(6)(5) 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) During the last days before closing of registration books as
directed by 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.
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(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 21 st day
preceding the date of any election or mailed voter registration applications
that are postmarked not later than the 21 st 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 31 st day preceding the date
of such election or mailed voter registration applications that are
postmarked not later than the 31 st 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. 6. K.S.A. 2025 Supp. 25-2502 is hereby amended to read as
follows: 25-2502. (a) "General election" means the elections held on the
Tuesday following the first Monday in November of both even-numbered
and odd-numbered years, and, in the case of an election of any officers to
fill vacancies held on a date other than the Tuesday following the first
Monday in November, the election at which any such officer is finally
elected.
(b) "Primary election" means the elections held on the first Tuesday
in August of both even-numbered and odd-numbered years and any other
preliminary election held on a date other than the first Tuesday in August
at which part of the candidates for election to any national, state, county,
township, city, school or other municipal office are eliminated by the
process of the election but at which no officer is finally elected.
(c) "Special election" means any election held on the first Tuesday
after the first Monday in March of any year or on the same day as a
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general or primary election.
Sec. 7. K.S.A. 2025 Supp. 25-4501a is hereby amended to read as
follows: 25-4501a. (a) Except as otherwise provided, each political party
that is a recognized political party in accordance with K.S.A. 25-302a, and
amendments thereto, shall have procedures to select a presidential
nominee and shall select a presidential nominee in accordance with such
party procedures for the 2016 presidential election , and every fourth year
thereafter.
(b) (1) On March 19, 2024 the first Tuesday in March in 2028 and the
first Tuesday of every fourth year thereafter, for each political party that is
a recognized political party in accordance with K.S.A. 25-302a, and
amendments thereto, there shall be held a presidential preference primary
election for the purpose of electing the preferred nominee of a political
party for the office of president and vice president. Except as otherwise
provided, the provisions of all applicable statutes concerning elections
shall apply to such election.
(2) The provisions of this subsection shall not apply to any political
party that is subject to K.S.A. 25-202(b), and amendments thereto, or that
has submitted written notice to the secretary of state on or before
December 1 , 2023, of the year immediately preceding the year in which
the presidential preference primary election is to be held that such political
party has elected to not participate in the presidential preference primary
election.
Sec. 8. K.S.A. 2025 Supp. 25-4505 is hereby amended to read as
follows: 25-4505. (a) Not later than eight 13 days after following a
presidential preference primary election is held , the county board of
canvassers of each county shall meet at the office of the county election
officer, unless another place is agreed upon and announced as provided in
K.S.A. 25-3105, and amendments thereto, and canvass the vote of such
preference primary. The county election officer may move the canvass to
the Monday next following the election if notice of such change is
published prior to the canvass in a newspaper of general circulation within
the county. Upon completion of such canvass, the county election officer
of each county shall prepare an abstract of the vote of the presidential
preference primary election in such county as such vote is determined by
the county board of canvassers and shall promptly transmit such abstract to
the secretary of state no not later than the tenth 10th day after the day of the
election. Each county election officer shall also post a copy of such
abstract in a public place in the courthouse of such county and on the
website of such county election office.
(b) Every such transmittal shall be made by use of secure email
transmission or other means approved by the secretary of state. If the
secretary of state fails to receive the abstract of the canvass from any
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county within 14 days next after the election, the secretary shall dispatch a
special messenger to obtain a copy of such abstract, and the county
election officer shall immediately, on demand of such messenger, make out
and deliver to such messenger the copy required. The messenger shall
deliver such copy to the secretary of state, and the secretary of state shall
be reimbursed for the expenses of such messenger by such county.
Sec. 9. K.S.A. 2025 Supp. 25-4506 is hereby amended to read as
follows: 25-4506. (a) Except as provided in subsection (b), The state board
of canvassers shall meet at the call of the secretary of state not later than
24 days following a presidential preference primary election. The secretary
of state shall present to the board a tabulation of the results of such
election in each county. The state board of canvassers shall consider the
tabulation and make such further inquiries of the secretary of state as it
deems appropriate and, upon the information presented by the secretary of
state and such additional information as it deems appropriate to consider,
determine the result of such election. Provisions of law relating to the
canvass of the national and state general elections shall, as far as
applicable, apply to the canvass and certification of presidential preference
primary elections. As soon as such final canvass of the election is
completed, the secretary of state shall publish in the Kansas register a
certified statement of the candidates for president of each party and the
number of votes each received on a statewide basis and for each
congressional district as determined by the state board of canvassers. Such
report of the final canvass shall be published on the secretary of state's
website.
(b) For any presidential preference primary election held in 2024, the
state board of canvassers shall meet on or before April 12, 2024.
Sec. 10. K.S.A. 2025 Supp. 25-432, 25-1115, 25-2006, 25-2311, 25-
2502, 25-4501a, 25-4505 and 25-4506 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
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