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Session of 2026
House Substitute for SENATE BILL No. 392
By Committee on Elections
3-18
AN ACT concerning elections; relating to reasons for withdrawal of
candidacy from national, state and local offices; concerning a vacancy
in the joint candidacy of the governor and lieutenant governor;
requiring driver's licenses to show citizenship status; require a person
showing a driver's license showing noncitizenship status be given a
provisional ballot at a polling place; requiring quarterly reports by state
agencies required to provide voter registration services under federal
law to give quarterly reports to the secretary of state of noncitizens
receiving public benefits; amending K.S.A. 25-306b, 25-2020, 25-
2106, 25-4003 and 71-1414 and K.S.A. 2025 Supp. 8-243 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Any person who displays a driver's license listing
such person as a noncitizen at a polling place shall be given a provisional
ballot for voting purposes if such person claims to be a citizen.
New Sec. 2. Every state agency as defined in K.S.A. 75-3701, and
amendments thereto, that is designated as a voter registration agency
pursuant to the national voter registration act of 1993, 52 U.S.C. § 20506,
and provides public assistance benefits shall report the first and last name,
the middle name or initial, if any, residence address, date of birth, alien
registration number, last four digits of the social security number, if any,
and driver's license number or nondriver's identification card number, if
any, of each noncitizen recipient of such public assistance benefits on a
quarterly basis to the secretary of state.
Sec. 3. K.S.A. 2025 Supp. 8-243 is hereby amended to read as
follows: 8-243. (a) Upon payment of the required fee, the division shall
issue to every applicant qualifying under the provisions of this act the
driver's license as applied for by the applicant. Such license shall bear the
class or classes of motor vehicles that the licensee is entitled to drive, a
distinguishing number assigned to the licensee, the full legal name,
citizenship status, the date of birth, gender, address of principal residence
and a brief description of the licensee, either: (1) A digital color image or
photograph; or (2) a laser-engraved photograph of the licensee, a facsimile
of the signature of the licensee and the statement provided for in
subsection (b). No driver's license shall be valid until it has been signed by
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the licensee. All drivers' licenses issued to persons under the age of 21
years shall be readily distinguishable from licenses issued to persons age
21 years or older. In addition, all drivers' licenses issued to persons under
the age of 18 years shall also be readily distinguishable from licenses
issued to persons age 18 years or older. The secretary of revenue shall
implement a vertical format to make drivers' licenses issued to persons
under the age of 21 more readily distinguishable. Except as otherwise
provided, no driver's license issued by the division shall be valid until
either: (1) A digital color image or photograph; or (2) a laser-engraved
photograph of such licensee has been taken and verified before being
placed on the driver's license. The secretary of revenue shall prescribe a
fee of not more than $8 and upon the payment of such fee, the division
shall cause either: (1) A digital color image or photograph; or (2) a laser-
engraved photograph of such applicant to be placed on the driver's license.
Upon payment of such fee prescribed by the secretary of revenue, plus
payment of the fee required by K.S.A. 8-246, and amendments thereto, for
issuance of a new license, the division shall issue to such licensee a new
license containing either: (1) A digital color image or photograph; or (2) a
laser-engraved photograph of such licensee. A driver's license that does not
contain the principal address as required may be issued to persons who are
program participants pursuant to K.S.A. 75-455, and amendments thereto,
upon payment of the fee required by K.S.A. 8-246, and amendments
thereto. All Kansas drivers' licenses and identification cards shall have
physical security features designed to prevent tampering, counterfeiting or
duplication of the document for fraudulent purposes. The secretary of
revenue shall incorporate common machine-readable technology into all
Kansas drivers' licenses and identification cards.
(b) A Kansas driver's license issued to any person 16 years of age or
older who indicated on the person's application that the person wished to
make a gift of all or any part of the body of the licensee in accordance with
the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244,
and amendments thereto, shall have the word "Donor" placed on the front
of the licensee's driver's license.
(c) Any person who is deaf or hard of hearing may request that the
division issue to such person a driver's license which is readily
distinguishable from drivers' licenses issued to other drivers and upon such
request the division shall issue such license. Drivers' licenses issued to
persons who are deaf or hard of hearing and under the age of 21 years shall
be readily distinguishable from drivers' licenses issued to persons who are
deaf or hard of hearing and 21 years of age or older. Upon satisfaction of
subsection (a), the division shall issue a receipt of application permitting
the operation of a vehicle consistent with the requested class, if there are
no other restrictions or limitations, pending the division's verification of
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the information and production of a driver's license.
(d) A driver's license issued to a person required to be registered
under K.S.A. 22-4901 et seq., and amendments thereto, shall be assigned a
distinguishing number by the division which will readily indicate to law
enforcement officers that such person is a registered offender. The division
shall develop a numbering system to implement the provisions of this
subsection.
(e) (1) Any person who is a veteran may request that the division
issue to such person a driver's license that shall include the designation
"VETERAN" displayed on the front of the driver's license at a location to
be determined by the secretary of revenue. In order to receive a license
described in this subsection, the veteran shall provide a copy of the
veteran's DD form 214, NGB form 22 or equivalent discharge document
showing character of service as honorable or general under honorable
conditions.
(2) As used in this subsection, "veteran" means a person who served
in the active military, naval, air or space service, including those groups
and individuals listed under 38 C.F.R. § 3.7, and who was discharged or
released therefrom under an honorable discharge or a general discharge
under honorable conditions.
(3) The director of vehicles may adopt any rules and regulations
necessary to carry out the provisions of this subsection.
(f) (1) Any person who submits satisfactory proof to the director of
vehicles, on a form provided by the director, that such person needs
assistance with cognition, including, but not limited to, persons with
autism spectrum disorder, may request that the division issue to such
person a driver's license, that shall note such impairment on the driver's
license at a location to be determined by the secretary of revenue.
(2) Satisfactory proof that a person needs assistance with cognition
shall include a statement from a person licensed to practice the healing arts
in any state, an advanced practice registered nurse licensed under K.S.A.
65-1131, and amendments thereto, a licensed physician assistant or a
person clinically licensed by the Kansas behavioral sciences regulatory
board certifying that such person needs assistance with cognition.
Sec. 4. 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
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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. 5. 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
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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
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
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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. 6. 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 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. 7. 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
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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. 8. 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 of each odd-
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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. 9. K.S.A. 25-306b, 25-2020, 25-2106, 25-4003 and 71-1414 and
K.S.A. 2025 Supp. 8-243 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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