25-1124. Advance voting; marking and mailing or depositing ballots; ballot envelopes; unlawful acts and penalties.
25-1124
25-1124. Advance voting; marking and mailing ordepositing ballots; ballotenvelopes; unlawful acts and penalties.(a) Upon receipt of the advance voting ballot, thevoter shall cast such voter's vote as follows: Thevoter shall make a cross or check mark in the square or parenthesesopposite the nameof each candidate or question for whom the voter desiresto vote. The voter shall makeno other mark, and shall allow no other person to make any mark, uponsuch ballot. If the advance voting ballot was transmitted by mail, the voterpersonally shall place the ballot in theballot envelope bearing the same number as the ballot and seal theenvelope. The voter shall complete the form onthe ballotenvelope and shall sign the same.Except as providedby K.S.A. 25-2908, and amendments thereto,the ballot envelope shall be mailed orotherwise transmitted to the county election officer.If the advance voting ballot was transmitted to the voter in person in theoffice of the county election officer or at a satellite advance votingsite, the voter may deposit such ballot intoa locked ballot box without an envelope.
(b) Any sick, physically disabled or illiterate voter who is unableto apply for or mark or transmit an advance voting ballot, may requestassistance by a person who has signed a statement required by subsection(d) in applying for or marking an advance votingballot.
(c) Any voted ballot may betransmitted to the county election officer by the voter or by another personupon request of the voter. Any such voted ballot shall betransmitted to the county election officer before the close of the polls onelection day.
(d) The county election officer shall allow a person to assist asick,physically disabled or illiterate voter in applying for or marking anapplication or advance voting ballot,provided a written statement is signed bythe person who renders assistance to the sick, physically disabledor illiterate voter and submitted to the county election officer with theapplication or ballot. The statement shallbe on a form prescribed by the secretary of state and shall contain a statementfrom the person providing assistance that the person has not exercisedundue influence on the voting decision of the sick, physically disabledor illiterate voter and that the person providing assistance has completedthe application or marked the ballot as instructed by the sick, physicallydisabled or illiterate voter.
(e) Any person assisting a sick, physically disabled orilliterate voterin applying for or marking an advance votingballot who knowingly and willfully fails to sign and submit the statementrequired by this section or who exercises undue influence on the votingdecision of such voter shall be guilty of a severity level 9 nonpersonfelony.
History: L. 1967, ch. 208, § 11;L. 1972, ch. 134, § 6;L. 1973, ch. 155, § 1;L. 1978, ch. 137, § 9;L. 1984, ch. 141, § 1;L. 1990, ch. 124, § 1;L. 1995, ch. 192, § 23;L. 1996, ch. 187, § 28;L. 1997, ch. 124, § 3;L. 1999, ch. 105, § 14;L. 2001, ch. 81, § 10; July 1.