25-3008. Packing and separation of ballots and materials; appointment of write-in board, when.

25-3008

Chapter 25.--ELECTIONS
Article 30.--ORIGINAL CANVASS OF ELECTIONS

      25-3008.   Packing and separation of ballots andmaterials; appointment of write-in board, when.Before leaving the voting place the supervising judge shall ascertainthat the election supplies and ballots that are to be returned have beenpackaged, packed and separated as provided in this section:

      (a)   All ballots both voted and unvoted, except void, objected to andprovisional ballots, shall be placed in bags or sacks. Suchbags or sacksshall be sealed and appropriately labeled. The method of sealing andlabeling shall be a method approved by the secretary of state and directedby the county election officer.

      (b)   Ballots that are spoiled and returned by the voter shall be marked"spoiled" on the back thereof and shall be placed in the bags or envelopesspecified in subsection (a) of this section.

      (c)   Provisional ballotenvelopescontaining ballots,with applications for registration attached, shall beplaced in anappropriately labeled envelope, and shall be sealed as in subsection (a) ofthis section.

      (d)   Provisional ballot envelopes containing ballots cast after the pollingplace hours prescribed in K.S.A. 25-106, and amendments thereto, pursuant to acourt or other order shall be separated from the provisional ballot envelopesdescribed insubsection (c) of this section and packaged and sealed as required bysubsection (a) of this section.

      (e)   Objected to ballots shall be placed in an appropriatelylabeledenvelope, and shall be sealed as in subsection (a) of this section.

      (f)   Ballots that are cast but not counted shall be marked"void"on theback thereof and shall be placed in the same envelope that contains objected toballots.

      (g)   Ballots specified in subsections (a) and (b) shall beseparatelypackaged from ballots specified in subsections (c), (d), (e)and(f).

      (h)   Poll books, registration books, party affiliationlists, tallysheets, abstracts and election supplies not listed in the precedingsubsections of this section shall be returned sealed but not packaged withthe items specified in subsections (a), (b), (c), (d), (e), (f) and(g).

      (i) (1)   If upon receiving the sealed bags or sacks ofballots after theoriginal canvass, the county election officer discovers that the board whichconducted the original canvass failed to provide a tally sheet of write-invotes, the county election officer may appoint a special write-in board tounseal the ballots and count any write-in votes which appear on the ballots.Such write-in votes shall be reported to the county election officer, who shallinclude them with the official results of the election. When the boardcompletesits tally of write-in votes, the bags or sacks shall be resealed.

      (2)   The special write-in board shall be appointed by the county electionofficer from the election boards of the county or from a pool of trained boardworkers maintained by the county election officer. One member of the boardshall be designated by the county election officer as a supervising judge, andthe remaining members of the board shall be of different political parties tothe extent practicable.

      History:   L. 1968, ch. 406, § 37;L. 1996, ch. 187, § 18;L. 2003, ch. 48, § 1;L. 2004, ch. 25, § 15; July 1.