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(Corrected)
Session of 2026
House Substitute for SENATE BILL No. 394
By Committee on Elections
3-18
AN ACT concerning elections; relating to signature verification for
advance voting ballots; concerning court order that invalidate or enjoin
signature verification triggering a limitation on advance voting;
establishing the district court in Shawnee county as the proper venue
for bringing all constitutional challenges of election laws; amending
K.S.A. 25-1119 and 25-1121 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. The secretary of state shall monitor all litigation
challenging the validity of the signature verification requirements
contained in K.S.A. 25-1124(h), and amendments thereto. Except as
otherwise provided, if any state or federal court of competent jurisdiction
enters an order or judgment that invalidates or enjoins the enforcement of
the signature verification requirements contained in K.S.A. 25-1124(h),
and amendments thereto, then the secretary of state shall cause notice of
such order or judgment to be published in the Kansas register at the time
of the next regular publication of the Kansas register following the date
such order or judgment is issued. If such order or judgment is issued
within 45 days prior to the date of an election or at any time from the date
of such election until the date the results of such election are certified by
the secretary of state, the secretary of state shall cause notice of such order
or judgment to be published in the Kansas register at the time of the next
regular publication of the Kansas register following the date the results of
such election are certified by the secretary. Upon such publication in the
Kansas register, the statutory authorization for advance voting by mail in
Kansas shall be amended as provided in K.S.A. 25-1119, and amendments
thereto.
New Sec. 2. (a) Any action alleging that a state law related to
elections that has statewide application, or any rule and regulation adopted
pursuant thereto, violates one or more provisions of the constitution of the
United States or the constitution of the state of Kansas shall be brought in
the district court of Shawnee county. This venue requirement shall apply to
any such action regardless of the form of relief sought.
(b) If an action described in subsection (a) is brought in any district
court other than the district court of Shawnee county, such court shall,
upon its own motion or the motion of any party, transfer such action to the
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H Sub for SB 394 2
district court of Shawnee county.
(c) Nothing in this section shall be construed to limit the jurisdiction
of the district court of Shawnee county or the appellate jurisdiction of the
supreme court or the court of appeals.
Sec. 3. On July 1, 2026, and the date of publication in the Kansas
register of the notice prescribed in section 1 of this act, K.S.A. 25-1119 is
hereby amended to read as follows: 25-1119. (a) Any registered voter is
eligible to vote by advance voting ballot on all offices and to vote by
advance voting ballot on questions submitted on which such elector would
otherwise be entitled to vote.
(b) The votes of such electors shall be cast and received and
canvassed as provided in this act.
(b) It shall be lawful for any registered elector of this state who is to
be absent from the county in which the elector resides or in which the
elector is authorized by law to vote as a former precinct resident as
defined by K.S.A. 25-3701, and amendments thereto, upon the day of any
primary, general or question submitted election, and who is actually so
absent during all of the time that polls are open on such day, to vote an
advance ballot on all offices, other than precinct committeeman and
committeewoman, and questions submitted on which such elector would
otherwise be entitled to vote.
(c) It shall be lawful for any registered elector of this state who,
because of sickness or physical disability or because of religious belief or
practice, is unable to vote at such elector's voting place on the day of any
primary, general or question submitted election to vote an advance ballot
on all offices, other than precinct committeeman or committeewoman, and
to vote an advance ballot on questions submitted on which such elector
would otherwise be entitled to vote.
(d) It shall be lawful for any registered elector of this state who,
because of service as a judge or clerk on an election board, is unable to
vote at such elector's voting place on the day of any primary, general or
question submitted election to vote an advance ballot on all offices, other
than precinct committeeman or committeewoman, and to vote an advance
ballot on questions submitted on which such elector would otherwise be
entitled to vote.
(e) It shall be lawful for any registered elector to vote an advance
ballot as authorized by K.S.A. 25-1214 et seq., and amendments thereto.
Sec. 4. K.S.A. 25-1121 is hereby amended to read as follows: 25-
1121. (a) The secretary of state shall prescribe the general forms of
advance voting ballots to be used in all primary and general elections and
the form of the printed instructions to voters containing a statement of all
the requirements of this act , to enable voters to comply with the
requirements of this act. The prescribed forms shall be transmitted to the
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H Sub for SB 394 3
county election officers 35 days before each primary and general election.
(b) The secretary of state shall prescribe the general format of
advance voting ballot envelopes. The envelopes shall include signature
blocks for the advance voter ;, a signature block for the person, if any,
assisting the advance voter; and a signature block for a person, if any, who
signs the advance voting ballot envelope on behalf of the advance voter in
situations when the advance voter is physically unable to sign the envelope
or unable to sign the envelope consistent with a signature of the voter on
file in the voter registration database.
(c) The advance ballot envelope shall contain the following statement
after the signature block provided for the person who signs the advance
ballot envelope on behalf of a person who is either physically unable to
sign such envelope or unable to sign the envelope consistent with a
signature of the voter on file in the voter registration database:
"My signature constitutes an affidavit that the person for whom I
signed the envelope is a person who is physically unable to sign such
envelope or unable to sign the envelope consistent with the signature of
the voter on file in the voter registration database. By signing this
envelope, I swear that this information is true and correct , and I
acknowledge that signing an advance ballot envelope under false pretenses
shall constitute the crime of perjury."
Sec. 5. K.S.A. 25-1121 are hereby repealed.
Sec. 6. K.S.A. 25-1119 is hereby repealed upon publication of the
notice by the secretary of state as provided in section 1.
Sec. 7. This act shall take effect and be in force from and after its
publication in the Kansas register.
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