Kansas Enrolled Bill # 515

Session 2000
Effective Date: July 1, 2000
SENATE BILL No. 515 An Act concerning elections; amending K.S.A. 25-216 and 25-1802 and K.S.A. 1999 Supp. 25-2309 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 25-216 is hereby amended to read as follows: 25-
216. The right of any person to vote at any national, state, county and
township primary election may be challenged by any elector upon the
same ground and his right to vote be determined in the same manner as
at a national, state, county and township general election, except as oth-
erwise provided herein.

If the person offering his vote be challenged as unqualified on the
ground that he is not a member of the party announced by himself, he
shall make and subscribe an affidavit in the following form, which shall
be presented to and retained by the election board, and returned by the
supervising judge with the poll list:

STATE OF KANSAS, COUNTY OF ________, ss.
I, ________, do solemnly swear (or affirm) that I am more than eighteen years of
age and am qualified to vote under and by virtue of the constitution and the laws of the
state of Kansas, and I am an elector of this precinct and election district; that I now reside
at ________ (insert street and number, if any) in this precinct, and am a member of
and am affiliated with the ________ party; that I have not signed the petition of a
member of any other party who is seeking a nomination at this primary election; and that I
have not signed the nominating petition of an independent candidate for any office for which
candidates are to be voted for at this primary election.
Subscribed and sworn to before me, this _______ day of _______, A.D. 19 __.
________________, Judge of Election.

Sec. 2. K.S.A. 25-1802 is hereby amended to read as follows: 25-
1802. (a) A person desiring to qualify under this act as a new resident
voter to vote for presidential and vice-presidential electors shall submit
not more than 45 days prior to such general presidential election nor later
than 12 o'clock noon on the Monday preceding the day of such election
an application to the county election officer of such person's new resi-
dence in the form of an affidavit executed in duplicate substantially as
follows:

STATE OF __________
COUNTY OF __________, ss.
I, ________, do solemnly swear that:
1. I am a citizen of the United States;

2. Before becoming a resident of this state, I resided at _________ street, in _________
(Here insert name of town, township, village or city) of ________ county of the
state of ________;

3. On the day of the next presidential election, I shall be at least eighteen years of age and
I have or will have by the time of such next presidential election resided in this state
not more than 45 days next preceding such general presidential election and I am
now residing in the ___________ precinct, township of ___________(or in the
__________ precinct of the __________ ward, __________ street in the city
of __________), in the county of ____________, state of Kansas;

4. I believe I am entitled under the law of this state to vote at the presidential election to
be held November ________, 19__;

5. I hereby make application for a presidential and vice-presidential ballot. I have not
voted and will not vote otherwise than by this ballot at that election.

Signed __________

(Applicant)

Subscribed and sworn to before me this _________ day of _______, 19__.

Signed ______________

Title and name of officer authorized to administer oath

(b) A person desiring to qualify under this act as a former resident
voter to vote for presidential and vice-presidential electors is required to
have been registered in this state immediately preceding such person's
removal from this state. Not more than 45 days prior to such general
presidential election nor later than 12 o'clock noon on the Monday pre-
ceding the day of such election, such person shall make an application to
the office of the county election officer of the county of such person's
former residence, in the form of an affidavit executed in duplicate sub-
stantially as follows:

STATE OF __________
COUNTY OF __________, ss.
I, ________, do solemnly swear that:
1. I am a citizen of the United States;

2. Before removing my residence from the state of Kansas on ________, 19__,
which was within 45 days next preceding the presidential election to be held No-
vember ________, 19__, I was a registered voter in the ________ pre-
cinct, township of ________ (or in the ________ precinct of the ________
ward, at ________ street, in the city of __________) in the county of _________,
state of Kansas, which was my last place of residence prior to my removal from
Kansas;

3. I now reside at ________ street, in _______________________________________
(Here insert name of town, township, village or city)
of __________county of the state of __________;

4. On the day of the next presidential election, I shall be at least eighteen years of age;

5. I believe I am entitled under the law of this state to vote at the presidential election to
be held November ________, 19__, in the precinct and county of my former
residence as above stated.

6. I hereby make application for a presidential and vice-presidential ballot. I have not
voted and will not vote otherwise than by this ballot at that election.

Signed __________

(Applicant)

Subscribed and sworn to before me this ________ day of ________, 19__.

Signed __________

Title and name of officer authorized to administer oath

(c) A person desiring to qualify under this act as a relocated resident
voter to vote for presidential and vice-presidential electors is required to
be registered in such voter's former precinct of residence in this state.
Not more than 20 days prior to such general presidential election nor
later than 12 o'clock noon on the Monday preceding the day of such
election, such person shall make application with the office of the county
election officer of the county of such person's new residence, in the form
of an affidavit executed in duplicate as follows:

STATE OF ____________
COUNTY OF __________, ss.
I, ________, do solemnly swear that:
1. I am a citizen of the United States;

2. Before relocating my residence on ________, 19__, which was not more than
20 days next preceding the presidential election to be held November _____________,
19__, I was a registered voter in the ________ precinct, township of ______
(or in the _________ precinct of the _________ ward, at ________ street, in the city
of __________________________) in the county of _______________________________,
state of Kansas, which was my last place of residence prior to my relocation in Kansas;

3. I now reside at ______________________ street, in ______________________
(Here insert name of town, township, village or city)
of ________ county of the state of Kansas;

4. On the day of the next presidential election, I shall be at least eighteen years of age;

5. I believe I am entitled under the law of this state to vote at the presidential election to
be held November ________, 19__, in the precinct and county of my new
residence as above stated.

6. I hereby make application for a presidential and vice-presidential ballot. I have not
voted and will not vote otherwise than by this ballot at that election.

Signed __________

(Applicant)

Subscribed and sworn to before me this ________ day of ________, 19__.

Signed __________

Title and name of officer authorized to administer oath

Sec. 3. K.S.A. 1999 Supp. 25-2309 is hereby amended to read as
follows: 25-2309. (a) Any person may apply in person, by mail, through a
voter registration agency, or by other delivery to a county election officer
to be registered. Such application shall be made on: (1) A form approved
by the secretary of state, which shall be provided by a county election
officer or chief state election official upon request in person, by telephone
or in writing; or (2) the mail voter registration application prescribed by
the federal election commission. Such application shall be signed by the
applicant under penalty of perjury and shall contain the original signature
of the applicant or the computerized, electronic or digitized transmitted
signature of the applicant.

(b) Applications made under this section shall give voter eligibility
requirements and such information as is necessary to identify the appli-
cant and to determine the qualifications of the applicant as an elector and
the facts authorizing such person to be registered, including, but not
limited to, the following data:

(1) Name;

(2) place of residence, including specific address or location, and
mailing address if the residence address is not a permissible postal ad-
dress;

(3) date of birth;

(4) sex;

(5) telephone number, if available;

(6) naturalization data (if applicable);

(7) if applicant has previously registered or voted elsewhere, resi-
dence at time of last registration or voting;

(8) when present residence established;

(9) name under which applicant last registered or voted, if different
from present name;

(10) an attestation that the applicant meets each eligibility require-
ment;

(11) a statement that the penalty for submission of a false voter reg-
istration application is a maximum presumptive sentence of 17 months in
prison;

(12) a statement that, if an applicant declines to register to vote, the
fact that the applicant has declined to register will remain confidential
and will be used only for voter registration purposes;

(13) a statement that if an applicant does register to vote, the office
to which a voter registration application is submitted will remain confi-
dential and will be used only for voter registration purposes; and

(14) political party affiliation declaration, if any. An applicant's failure
to make a declaration will result in the applicant being registered as an
unaffiliated voter.

If the application discloses any previous registration in any other county
or state, as indicated by paragraph (7) or (9), or otherwise, the county
election officer shall upon the registration of the applicant, give notice to
the election official of the place of former registration, notifying such
official of applicant's present residence and registration, and authorizing
cancellation of such former registration.

(c) Any person who applies for registration through a voter registra-
tion agency shall be provided with, in addition to the application under
subsection (b), a form which includes:

(1) The question "If you are not registered to vote where you live
now, would you like to apply to register to vote here today?";

(2) a statement that if the applicant declines to register to vote, this
decision will remain confidential and be used only for voter registration
purposes;

(3) a statement that if the applicant does register to vote, information
regarding the office to which the application was submitted will remain
confidential and be used only for voter registration purposes; and

(4) if the agency provides public assistance, (i) the statement "Apply-
ing to register or declining to register to vote will not affect the amount
of assistance that you will be provided by this agency.";

(ii) boxes for the applicant to check to indicate whether the applicant
would like to register or declines to register to vote, together with the
statement "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE
CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO
VOTE AT THIS TIME.";

(iii) the statement "If you would like help in filling out the voter
registration application form, we will help you. The decision whether to
seek or accept help is yours. You may fill out the application form in
private."; and

(iv) the statement "If you believe that someone has interfered with
your right to register or to decline to register to vote, your right to privacy
in deciding whether to register or in applying to register to vote, or your
right to choose your own political party or other political preference, you
may file a complaint with the Kansas Secretary of State~~, 300 SW 10th St.,~~
~~Topeka, KS 66612-1594~~."

(d) If any person, in writing, declines to register to vote, the voter
registration agency shall maintain the form prescribed by subsection (c).

(e) A voter registration agency shall transmit the completed registra-
tion application to the county election officer not later than five days after
the date of acceptance. Upon receipt of an application for registration,
the county election officer shall send, by nonforwardable mail, a notice
of disposition of the application to the applicant at the postal delivery
address shown on the application. If a notice of disposition is returned as
undeliverable, a confirmation mailing prescribed by K.S.A. 25-2316c, and
amendments thereto, shall occur.

(f) If an application is received while registration is closed, such ap-
plication shall be considered to have been received on the next following
day during which registration is open.

(g) A person who completes an application for voter registration shall
be considered a registered voter when the county election officer adds
the applicant's name to the county voter registration list.

(h) Any registered voter whose residence address is not a permissible
postal delivery address shall designate a postal address for registration
records. When a county election officer has reason to believe that a voter's
registration residence is not a permissible postal delivery address, the
county election officer shall attempt to determine a proper mailing ad-
dress for the voter.

Sec. 4. K.S.A. 25-216 and 25-1802 and K.S.A. 1999 Supp. 25-2309
are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.