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SB 367

Prohibiting the use of funds provided by the United States government for the conduct of elections and election-related activities unless approved by the legislature.

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1AN ACT concerning elections; relating to the transparency in revenues
2underwriting elections act; prohibiting the use of funds provided by the
3United States government for the conduct of elections or election-
4related activities unless approved by the legislature; amending K.S.A.
525-2436 and repealing the existing section.
6
7Be it enacted by the Legislature of the State of Kansas:
8As Amended by Senate CommitteeSection 1. K.S.A. 25-2436 is hereby amended to read as follows: 25-
92436. (a) The provisions of this section shall be known and may be cited
10as the transparency in revenues underwriting elections act.
8As Amended by Senate CommitteeNew Section 1. (a) No federal agency shall be designated as a voter
9registration agency pursuant to section 7 of the national voter
10registration act of 1993, 52 U.S.C. § 20506, except as provided by state
11law.
12(b) Any designation of a federal agency as a voter registration
13agency pursuant to section 7 of the national voter registration act of
141993, 52 U.S.C. § 20506, that was made prior to July 1, 2024, is null and
15void.
16(c) For purposes of this section, "federal agency" means any
17branch, department, bureau, office or instrumentality of the federal
18government.
19{As Amended by Senate Committee of the Whole}Section 1. Sec. 2. K.S.A. 25-2436 is hereby amended to read as
20follows: 25-2436. (a) The provisions of this section shall be known and
21may be cited as the transparency in revenues underwriting elections act.
19{As Amended by Senate Committee of the Whole}Section 1. Sec. 2. {Section 1.} K.S.A. 25-2436 is hereby amended to
20read as follows: 25-2436. (a) The provisions of this section shall be known
21and may be cited as the transparency in revenues underwriting elections
22act.
11(b) As used in this section:
12(1) "Election official" means any county election officer or the chief
13state election official, as such terms are defined in K.S.A. 25-2504, and
14amendments thereto, and any officer or employee of such election official.
15(2) "Federal government" means any branch, agency, department,
16office, bureau or instrumentality of the government of the United States.
17{As Amended by Senate Committee of the Whole}(3) "Person" means any individual, corporation, partnership,
29{As Amended by Senate Committee of the Whole}(3) {"Governmental agency" means the state or any agency or
30political subdivision or instrumentality thereof.
31(4) }"Person" means any individual, corporation, partnership,
18company, organization, political party, political committee or any other
19private entity.
20{As Amended by Senate Committee of the Whole}(c) No election official shall knowingly accept or expend any
34{As Amended by Senate Committee of the Whole}(c) {(1)} No election official shall knowingly accept or expend any
21moneys, directly or indirectly, from any person or the federal government,
22except as provided in any acts of appropriation or as otherwise provided
23by state law, for any expenditures related to conducting, funding or
24otherwise facilitating the administration of an election pursuant to law or
25for any election-related activities, including, but not limited to, voter
26As Amended by Senate Committeeregistration and voter assistance.
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1{As Amended by Senate Committee of the Whole}registration and voter assistance. Provided that such expenditures are
2authorized by acts of appropriation or state law, any moneys received
3from the federal government shall only be expended for those purposes
4authorized by an act of congress appropriating such moneys.
6{As Amended by Senate Committee of the Whole}registration and voter assistance.
7{(2) No governmental agency, including, but not limited to, any
8election official, shall knowingly accept or expend any moneys, directly
9or indirectly, from the federal government, except as provided in any
10acts of appropriation or as otherwise provided by state law, for any
11expenditures related to conducting, funding or otherwise facilitating the
12administration of an election pursuant to law or for any election-related
13activities, including, but not limited to, voter registration and voter
14assistance. }Provided that such expenditures are authorized by acts of
15appropriation or state law, any moneys received from the federal
16government shall only be expended for those purposes authorized by an
17act of congress appropriating such moneys.
27(d) The provisions of this section shall not apply to:
28(1) Any moneys collected by an election official from the payment of
29fees or assessed costs as required by law; or
30(2) any moneys received as campaign contributions for any candidate
31for the office of county clerk.
32(e) A violation of this section is a severity level 9, nonperson felony.
33As Amended by Senate CommitteeSec. 2. K.S.A. 25-2436 is hereby repealed.
34Sec. 3. This act shall take effect and be in force from and after its
11{As Amended by Senate Committee of the Whole}Sec. 2. 3. K.S.A. 25-2436 is hereby repealed.
12Sec. 3. 4. This act shall take effect and be in force from and after its
35publication in the statute book.
24{As Amended by Senate Committee of the Whole}Sec. 2. 3. {2.} K.S.A. 25-2436 is hereby repealed.
25Sec. 3. 4. {3.} This act shall take effect and be in force from and after
26its publication in the statute book.