25-2812. Election boards at certain facilities; procedure.
25-2812
25-2812. Election boards at certain facilities;procedure.From and after January1, 2010:(a) Not less than 60 daysbefore any election, the county election officer maycontact the administrator or operator at each nursing facility, assisted livingfacilityand hospital based long-term care unit to request that the registered voters inthe facilitybe offered theopportunity to vote in suchelection according to the procedures outlined in this section. If theadministrator or operator of the facilityagrees, the county election officer and the administrator or operator shallestablish adate, mutually agreedupon, for such voting to take place.The provisions of this section shall not apply to mailballot elections conducted pursuant to K.S.A. 25-431 et seq., and amendmentsthereto.
(b) The countyelection officer shall appoint a special election boardof two or more members toadminister ballots to registered voters who are residents of anyfacility designated in subsection(a) and which has agreed to participate. The membersof such special election board shall beappointed and trained by the county election officer in the same manner asmembers of electionboards serving in polling places on election day. The membersof a special election board shallpossess the qualifications of registered voters in Kansas and in the countywhere they serve andshall subscribe the oath prescribed by law. Themembers of the board shallnot all be affiliatedwith the same political party, to the extent practicable, and shall not becandidates for any offices,other than the offices of precinct committeemen or precinctcommitteewomen, to be elected inthe election at which they serve.
(c) The special election board shall, to the extent practicable, followadvance votingproceduresas provided for in Kansas law. All persons who areregistered voters of the county and who arecurrent residents of the facility may request a ballotfrom the special election board. In the case ofa voter who has applied for and received permanent advance voting statuspursuant to subsection(g) of K.S.A. 25-1122, and amendments thereto, the special election board maydeliver suchvoter's ballot to thevoter instead of mailing the ballot as required by K.S.A. 25-1123, andamendments thereto. Any voter may receive assistance from a member of thespecial board orfrom a person of such voter's choice. Any person rendering assistanceto a voter shall sign awritten statement as provided for in subsection (d) of K.S.A. 25-1124, andamendments thereto,and shall file such statement with the special board or with the countyelection officer.
(d) The special election board shall ensure that theprivacy of each voter is preserved and shall cause each voter'sballotto be sealed in an envelope or deposited ina locked ballot box. In caseswhere direct recording electronic voting systems are used, the special electionboard shall ensurethat the voting equipment is secured from tampering andunauthorized access.At the conclusionof the voting process at a facility, the ballots,voting records and materials shall be returned to thecounty election officer. All the members of the special election board shallcertify the receipt andreturn of the ballots, voting equipment, voting records and materials.
(e) The countyelection officer shall ensure that the ballots received from any such specialelection board shall be tabulated according to procedures established by lawfor the tabulation ofadvance voting ballots and shall ensure that thetabulated returns are included with other officialelection returns and presented to the county board of canvassers for thecanvass as provided bylaw. Any ballot cast by a voter pursuant to this section maybe challenged in the same manner as other ballots are challenged.
(f) The county election officer shall ensure that mobile voting sitesestablishedunder this act are clearly posted as such during the hours voting is allowed.
(g) (1) For the purposes of this section, the term:
(A) "Assisted living facility" shall have the meaning ascribed to it inK.S.A.39-923 andamendments thereto.
(B) "Hospital based long-term care unit"means a unit that provides physician services andcontinuousnursing supervision for patients who:
(i) Are not in an acute phase of illness; and
(ii) currently require nursing care that is primarily of a convalescent,restorative or long-term nature. Long-term care unit also includesmedicare-certified, distinct-part long-term care units.
(C) "Nursing facility" shall have the meaningascribed to it in K.S.A. 39-923 andamendments thereto.
History: L. 2008, ch. 129, § 1; Jan. 1, 2010.