25-1122. Advance voting; application for ballots; time for filing application; satellite advance voting sites; voters needing assistance; permanent advance voting status; records maintained by county
25-1122
25-1122. Advance voting; application for ballots;time for filingapplication; satellite advance voting sites; voters needing assistance;permanent advance voting status;records maintained by countyelection officer; first-time voter; identification, when required.(a) Any registered voter may file with the county election officerwhere such person is a resident, or where such person is authorized bylaw to vote as a former precinct resident, an application for an advance votingballot. The signed application shall be transmitted only to the countyelection officer by personal delivery, mail, facsimile or as otherwise providedby law.
(b) If the registered voter is applying for an advance votingballot to be transmitted in person, and such voter is a first-timevoter, such voter shall provide a form of valid identification suchas a current and valid Kansas driver's license, nondriver'sidentification card, utility bill, bank statement, paycheck,government check or other government document containing thevoter's current name and address as indicated on the registration book. Suchvoter shall not be required to provide identification if such voter haspreviously provided current and valid identification in the county whereregistered.
(c) If the registered voter is applying for an advance votingballot to be transmitted by mail, and such voter is a first-timevoter, such voter shall provide on the application for an advancevoting ballot the voter's current and valid Kansas driver's licensenumber, nondriver's identification card number or the last fourdigits of the voter's social security number, or shall provide withthe application a copy of the voter's current and valid Kansasdriver's license, nondriver's identification card, utility bill, bankstatement, paycheck, government check or other governmentdocument containing the voter's current name and address asindicated on the registration book. Such voter shall not be required to provideidentification if such voter has previously provided current and valididentification in the county where registered.
(d) If a first-time voter is unable or refuses to provide currentand valid identification, or if the name and address do not matchthe voter's name and address on the registration book, the votermay vote a provisional ballot according to K.S.A. 25-409, andamendments thereto. The voter shall provide a valid form ofidentification as defined in subsection (c) of this section to thecounty election officer in person or provide a copy by mail orelectronic means before the meeting of the county board ofcanvassers. At the meeting of the county board of canvassers thecounty election officer shall present copies of identificationreceived from provisional voters and the corresponding provisionalballots. If the county board of canvassers determines that a voter'sidentification is valid and the provisional ballot was properly cast,the ballot shall be counted.
(e) Applications for advance voting ballots to be transmittedto the voter by mail shall be filed only at thefollowing times:
(1) For the primary election occurring on the first Tuesday inAugust in even-numbered years, between April 1 of such year and thelast business day of the week preceding such primary election.
(2) For the general election occurring on the Tuesday succeeding thefirst Monday in November in even-numbered years, between90 days prior to such election and the last business day of the week precedingsuch general election.
(3) For the primary election held five weeks preceding the firstTuesday in April, between January 1 of the year of such election andthe last business day of the week preceding such primary election.
(4) For the general election occurring on the first Tuesday inApril, between January 1 of the year of such election and the lastbusiness day of the week preceding such general election.
(5) For question submitted elections occurring on the date of aprimary or general election, the same as is provided for ballots forelection of officers at such election.
(6) For question submitted elections not occurring on the date of aprimary or general election, between the time of the first publishednotice thereof and the last business day of the week preceding suchquestion submitted election, except that if the question submittedelection is held on a day other than a Tuesday, the county electionofficer shall determine the final date for mailing of advance voting ballots,but such date shall not be more than three business days before such election.
(7) For any special election of officers, at such time as isspecified by the secretary of state.
(8) For the presidential preference primary, between January1 of the year in which such primary is held and the last business day ofthe week preceding such primary election.
The county election officer of any county may receive applications priorto the time specified in this subsection (e) and hold suchapplications until the beginning of the prescribed application period. Suchapplications shall be treated as filed on that date.
(f) Unless an earlier date is designated by the countyelection office, applications for advance voting ballots transmitted to thevoter in person in the office of the county election officer shall be filed onthe Tuesday next preceding the election and oneach subsequent business day until no later than 12:00 noon on the daypreceding such election. If the county election officer so provides,applications for advance voting ballots transmitted to the voter in person inthe office of the county election officer also may be filed on the Saturdaypreceding the election. Upon receipt of any such properly executedapplication, the county election officer shall deliver to the voter suchballots and instructions as are provided for in this act.
An application for an advance voting ballot filed by a voter who has atemporary illness or disabilityor who is not proficient in reading the English language or by a personrendering assistance to such votermay be filed during the regular advance ballot application periods until theclose of the polls on election day.
The county electionofficer may designate places other than the central county election office assatellite advance voting sites. At any satellite advance voting site, aregistered voter may obtain an application for advance voting ballots.Suchballots and instructions shall be delivered to the voter in the same manner andsubject to the samelimitations as otherwise provided by this subsection.
(g) Any person having a permanentdisability or an illness which has been diagnosed as a permanent illness ishereby authorized to make an application for permanent advance voting status.Applications for permanent advance voting status shall be in the form andcontain such information as is required for application for advance votingballots and also shall contain information which establishes the voter's rightto permanent advance voting status.
(h) On receipt of any application filed under theprovisions of this section, the county election officer shall prepare andmaintain in such officer's office a list of the names of all persons who havefiled such applications, together with their correct post office address andthe precinct, ward, township or voting area in which such persons claim to beregistered voters or to be authorized by law to vote as former precinctresidents and the present resident address of each applicant. Such names andaddresses shall remain so listed until the day of such election. The countyelection officer shall maintain a separate listing of the names and addressesof persons qualifying for permanent advance voting status. All such listsshall be available for inspection upon request in compliance with thissubsection by any registered voter during regular business hours. The countyelection officer upon receipt of such applications shall enter upon a recordkept by such officer the name and address of each applicant, which record shallconform to the list above required. Before inspection of any advance votingballot application list, the person desiring to make such inspection shallprovide to the county election officer identification in the form of driver'slicense or other reliable identification and shall sign a log book orapplication form maintained by such officer stating such person's name andaddress and showing the date and time of inspection. All records made by thecounty election officer shall be subject to public inspection, except thatthe voter identification information required by subsections (b) and (c)and the identifying number on ballots and ballot envelopes and records ofsuch numbers shall not be made public.
(i) If a person on the permanent advance voting list failsto vote in twoconsecutive general elections held on the Tuesday succeeding the first Mondayin November of each even-numbered year, the county election officer may mail anotice to such voter. Such notice shall inform the voter that the voter's namewill be removed from the permanent advance voting list unless the voter renewsthe application for permanent advance voting status within 30 days after thenotice is mailed. If the voter fails to renew such application, the countyelection officer shall remove the voter's name from the permanent advancevoting list. Failure to renew the application for permanent advance votingstatus shall not result in removal of the voter's name from the voterregistration list.
(j) For the purposes of this section, "first-time voter" means aregistered voter who has not previously voted in any election in the county inwhich the voter desires to vote. First-time voter includes a person whose namewas removed from the county registration list in accordance with K.S.A.25-2316c, and amendments thereto, and who has re-registered.
(k) The secretary of state may adopt rules and regulations defining validforms of identification.
History: L. 1967, ch. 208, § 9;L. 1968, ch. 406, § 144;L. 1972, ch. 134, § 4;L. 1973, ch. 154, § 2;L. 1976, ch. 183, § 1;L. 1978, ch. 140, § 4;L. 1978, ch. 142, § 1;L. 1980, ch. 110, § 1;L. 1981, ch. 168, § 1;L. 1983, ch. 123, § 3;L. 1984, ch. 140, § 1;L. 1995, ch. 192, § 20;L. 1996, ch. 187, § 24;L. 1997, ch. 124, § 1;L. 1999, ch. 105, § 12;L. 2000, ch. 151, § 1;L. 2001, ch. 81, § 9;L. 2001, ch. 211, § 5;L. 2004, ch. 93, § 1;L. 2008, ch. 3, § 1; July 1.