Prohibiting the enforcement of federal immigration laws at polling places and locations designated for the canvassing, auditing and recounting of ballots.

Session of 2026
SENATE BILL No. 507
By Committee on Federal and State Affairs
2-12
AN ACT concerning elections; relating to the conduct thereof; prohibiting
enforcement of federal immigration laws at polling places and locations
designated for the canvassing, auditing and recounting of ballots;
amending K.S.A. 25-2703 and K.S.A. 2025 Supp. 25-3005, 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. 25-2703 is hereby amended to read as follows: 25-
2703. (a) The county election officers shall provide suitable voting places
in which to hold all national, state, county, township, city and school
primary and general elections, question submitted elections and other
public elections. County election officers shall arrange for voting places to
be warmed, lighted, and furnished with proper supplies and conveniences,
including a sufficient number of booths, shelves and pencils, to enable the
voters to prepare their ballots, screened from observation. V oting booths
shall be in plain view of the receiving board, and both they the booths and
the ballot boxes shall be in plain view of electors waiting to vote. Each
booth shall be designed so as to protect the privacy of the voter. Booths
shall be well lighted.
(b) No person other than judges, clerks and other election officers
allowed by law, and those admitted for the purpose of voting, shall be
permitted within three feet of the voting booths, of voting machines where
they such machines are used , or of any table being used by the election
board, except by the authority of the supervising judge. V oting booths shall
be deposited with the county election officer between elections.
(c) (1) It shall be unlawful for any person to be present within 400
feet of any entrance to any polling place for the purpose of conducting any
act of enforcement of federal immigration laws.
(2) A violation of this subsection is a class A misdemeanor.
Sec. 2. K.S.A. 2025 Supp. 25-3005 is hereby amended to read as
follows: 25-3005. (a) At all elections authorized poll agents shall be
allowed to be present and observe the proceedings at all original,
intermediate and final canvasses of elections, at all recounts authorized by
K.S.A. 25-3107, and amendments thereto, at all audits conducted after an
election pursuant to K.S.A. 25-3009, and amendments thereto, and at the
time and place of casting ballots, subject to such limitations as are
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prescribed by law or rules and regulations adopted by the secretary of
state.
(b) The supervising judge of each voting place shall be in charge
thereof and may direct authorized poll agents as to their the conduct , of
such poll agents but such directions shall not favor agents of one kind or
party over agents of another kind or party, and such directions shall not be
contrary to law, rules and regulations adopted by the secretary of state or
instructions of the county election officer.
(c) (1) It shall be unlawful for any person to be present within 400
feet of any entrance to any location where any of the election procedures
described in subsection (a) are occurring for the purpose of conducting
any act of enforcement of federal immigration laws.
(2) A violation of this subsection is a class A misdemeanor.
Sec. 3. 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.
(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
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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) (1) It shall be unlawful for any person to be present within 400
feet of any entrance to any location where any audits of ballots as
described in this section are occurring for the purpose of conducting any
act of enforcement of federal immigration laws.
(2) A violation of this subsection is a class A misdemeanor.
(g) 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. 4. 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-
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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 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
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 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. 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 be requested in writing and filed with the
county election officer not later than 5 p.m. on the day following the last
meeting of the county board of canvassers. The request shall specify which
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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 not later than 5 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 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.
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
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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
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 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.
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(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
vouchers for payment to any county.
(e) (1) 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 It shall be unlawful for any person to be
present within 400 feet of any entrance to any location where any canvass
or recount of ballots as described in this section is occurring for the
purpose of conducting any act of enforcement of federal immigration laws.
(2) A violation of this subsection is a class A misdemeanor.
Sec. 5. K.S.A. 25-2703 and K.S.A. 2025 Supp. 25-3005, 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.
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