25-1123. Advance voting; transmission of ballots; primary elections; identification, duties of election officer.

25-1123

Chapter 25.--ELECTIONS
Article 11.--ADVANCE VOTING

      25-1123.   Advance voting; transmission of ballots;primary elections; identification, duties of election officer.(a) When an application for an advance voting ballot has been filed inaccordance with K.S.A. 25-1122, and amendments thereto, the county electionofficer shall transmit to the voter applying therefor one each of theappropriate ballots. Except as provided by subsection (b), the county electionofficer shall transmit the advancevoting ballots to the voter at one of the following addresses as specified bythe voter on such application: (1) The voter'sresidential address or mailing address as indicated on the registration list;(2) the voter's temporary residential address;or (3) a medical care facility as defined in K.S.A. 65-425, and amendmentsthereto, psychiatric hospital, hospice or adultcare home where the voter resides. No advance voting ballot shall betransmitted by the county election officer by any means prior to the 20th daybefore the election for which an application for an advance voting ballot hasbeen received by such county election officer. If the advance votingballot is transmitted by mail, such ballot shall be transmitted with printedinstructions prescribed by the secretary of state and a ballot envelope bearingupon the outside a printed form as described in K.S.A. 25-1120, and amendmentsthereto, and the same number as the number of the ballot. If the advance votingballot is transmitted to the applicant in person in the office of the countyelection officer or at a satellite advance voting site, such advance votingballot and printed instructions shall be transmitted in an advance votingballot envelope bearing upon the outside a printed form as described in K.S.A.25-1120, and amendments thereto, and the same number as the number of theballot unless the voter elects to deposit the advance voting ballot into alocked ballot box without an envelope. All ballots shall be transmitted to theadvance voting voter not more than 20 days before the election but within twobusiness days of the receipt of such voter's application by the electionofficer or the commencement of such 20-day period. In primary electionsrequired to be conducted on a partisan basis, the election officer shalldeliver to such voter the ballot of the political party of the applicant.

      (b)   The restrictions in subsection (a) relating to where a county electionofficer may transmit an advance voting ballot shall not apply to an advancevoting ballot requested pursuant to an application for an advance voting ballotfiled by a voter who has atemporary illness or disability or who is not proficient in reading theEnglish language.

      (c)   The county election officer shall compare thedriver's license number, nondriver's identification cardnumber, social security number or copy of other valididentification provided by a first-time voter to thevoter registration list verified by the division of motorvehicles in accordance with federal law. If noidentification information was provided by the first-timevoter, or if such information does not match theinformation on the voter registration list, the countyelection officer shall not transmit an advance voting ballot.

      History:   L. 1967, ch. 208, § 10; L. 1972, ch. 134, § 5; L. 1973,ch. 154, §3; L. 1975, ch. 210, § 1; L. 1978, ch. 140, § 6; L. 1984, ch. 140, § 3;L. 1995, ch. 192, § 22;L. 1996, ch. 187, § 27;L. 1997, ch. 124, § 2;L. 1999, ch. 105, § 13;L. 2004, ch. 93, § 3; July 1.