Chapter 25 — ELECTIONS

25-4330. Same; election results; certification; vacancies; disqualification for appointment to governing body. If a majority of the votes cast on the question of recall favor the recall of the local officer, the county board of canvassers shall so determine and the county electio…

25-4331. Same; action to have determinations relating to recall reviewed. Any person aggrieved by a determination made by the county election officer or county attorney of the county where petitions are required to be filed may bring an action to have the determination reviewed w…

25-4401. Electronic and electromechanical voting systems and electronic poll books; definitions. As used in this act unless the context otherwise requires: (a) "Ballot" may include an electronic display or printed document containing the offices and questions on which voters in a…

25-4402. Purchase, lease or rent and use by county. Subject to the limitations of article 44 of chapter 25 of Kansas Statutes Annotated, and amendments thereto, the board of county commissioners and the county election officer of any county are authorized to purchase, lease or re…

25-4403. County commission and election officer may authorize; issuance of bonds; abandonment of system, when; direct recording electronic system acquisition prohibited; electronic or electromechanical voting system and electronic poll book requirements for acquisition; network c…

25-4404. Certification by secretary of state; statement required. The secretary of state shall examine and approve the kinds or makes of electronic or electromechanical voting systems, including operating systems, firmware and software, and electronic poll books, and no kind or m…

25-4405. Examination of system or electronic poll books by secretary of state; fee; review of existing system or poll book; notice and hearing; changes may be required; rescinding approval; testing systems, poll books and equipment. (a) Any person, firm or corporation desiring to…

25-4406. Mandatory requirements for electronic or electromechanical systems and poll books approved. Electronic or electromechanical voting systems approved by the secretary of state: (a) Shall provide for voting for the candidates for nomination or election of all political part…

25-4407. Acquisition of systems and poll books. (a) When a board of commissioners and county election officer have determined that such kind or make of electronic or electromechanical voting system or electronic poll book shall be used in a county, the board of county commissione…

25-4408. Storage, repair, delivery to voting places and return to storage. The board of county commissioners shall provide for the storage of electronic or electromechanical voting systems and electronic poll books. The county election officer shall be in complete charge of the v…

25-4409. Ballot arrangement and display of information; candidate rotation; duties of election judges; review by poll agents, when. (a) The ballot information, shall, as far as practicable, be in the order of arrangement provided for paper ballots except that such information may…

25-4410. Same; procedures for voting on paper ballots applicable to systems; sample ballots; instructions and assistance to voters. (a) Insofar as applicable, the procedures provided for voting on paper ballots shall apply to electronic and electromechanical voting systems. (b) T…

25-4411. Vote tabulation equipment; testing of equipment; notice; conditions of test; error correction; securing and retention of equipment, programs and ballots. (a) The vote tabulation equipment may be located at any place within the county approved by the county election offic…

25-4412. Same; securing voting systems against voting after polls closed; counting ballots or envelopes; checking against poll book; write-in votes; sealing of ballots and delivery to judges; duties of election officer and election board members at counting location; official ret…

25-4413. Same; recount of ballots. In the case of a recount, the ballots shall be recounted in the manner provided by K.S.A. 25-4412, and amendments thereto. History: L. 1977, ch. 129, § 13; L. 2007, ch. 125, § 20; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General …

25-4413a. Hard drives of electronic or electromechanical voting systems, optical scanning equipment and other voting systems; copies thereof prohibited without consent of secretary of state; backup copy required, when. (a) Except as provided in subsection (b), no county election …

25-4414. Electronic or electromechanical voting system and poll book fraud; criminal penalty. (a) Electronic or electromechanical voting system or electronic poll book fraud is: (1) Being in unlawful or unauthorized possession of electronic or electromechanical voting system equi…

25-4415. Adoption of rules and regulations. The secretary of state may adopt rules and regulations: (a) For the use of electronic and electromechanical voting systems to count votes under the election laws of this state; (b) for the use of electronic poll books to process voters …

25-4416. Title. K.S.A. 25-4401 through 25-4414, inclusive, and amendments thereto, and K.S.A. 25-4415 and 25-4416, and amendments thereto, shall be known and may be cited as the electronic and electromechanical voting systems act. History: L. 2007, ch. 125, § 23; July 1. Previous…

25-4501. History: L. 1978, ch. 141, § 1; L. 1979, ch. 113, § 8; L. 1990, ch. 129, § 3; L. 1996, ch. 3, § 1; L. 2000, ch. 3, § 1; L. 2003, ch. 112, § 6; L. 2007, ch. 167, § 204; L. 2011, ch. 112, § 1; Repealed, L. 2015, ch. 88, § 74; July 1. Attorney General's Opinions: Counties o…

25-4501a. Selection of presidential nominees, duty of recognized political parties; presidential preference primary election, when held; political parties not required to participate. (a) Except as otherwise provided, each political party that is a recognized political party in a…

25-4502. Presidential preference primary election; eligibility to vote; voting procedure; candidates' filing requirements and deadline; declaration of intent and fee; petition. (a) Every registered elector who has declared such elector's party affiliation with a political party e…

25-4503. Ballots; names of candidates; form, marking, return and canvass of ballots; notice; order of names on ballot. (a) The names of the candidates for nomination for president of the United States by a political party eligible to participate in a state primary election shall …

25-4504. History: L. 1978, ch. 141, § 4; L. 1979, ch. 113, § 3; Repealed, L. 1990, ch. 129, § 7; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sch…

25-4505. Canvass by county board of canvassers, when; transmittal of abstract to secretary of state. (a) Not later than eight days after a presidential preference primary election is held, the county board of canvassers of each county shall meet at the office of the county electi…

25-4506. Final canvass by state board of canvassers, when; publication of number of votes for each candidate. (a) Except as provided in subsection (b), the state board of canvassers shall meet at the call of the secretary of state following a presidential preference primary elect…

25-4507. Certification of election results to political party; selection of delegates and alternates to national party, convention; binding of delegates and alternates; adoption, filing and publication of party rules. (a) Upon completion of the state canvass of the results of the…

25-4508. Payment of election expenses; reimbursement and payment for certain expenses; audit of amounts. Not later than sixty (60) days following a presidential preference primary election held pursuant to this act, the board of county commissioners of each county shall certify t…

25-4601. Definitions. As used in this act unless the context otherwise requires: (a) "Ballot" means a paper ballot on which candidates' names or questions are printed and which is designed to receive opaque marks which can be detected by optical scanning equipment and which is ca…

25-4602. Optical scanning equipment; bonds for purchase or lease; authorization by county officers; abandonment of system. (a) The board of county commissioners and the county election officer of any county may provide for use of a system using optical scanning equipment to be us…

25-4603. Same; secretary of state to approve kinds and makes of systems; certification for use. The secretary of state shall examine and approve the kinds or makes of systems using optical scanning equipment, including operating systems, firmware and software, and no kind or make…

25-4604. Same; request for examination; cost payment; notice and hearing; review of approved systems. (a) Any person, firm or corporation desiring to sell any kind or make of system using optical scanning equipment to counties in this state may make a request in writing of the se…

25-4605. History: L. 1982, ch. 158, § 5; Repealed, L. 2007, ch. 125, § 36; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

25-4606. Same; care and storage of equipment. The board of county commissioners shall provide for the storage of optical scanning equipment. The county election officer shall be in complete charge of the system and its equipment and safekeeping thereof when not in use and keeping…

25-4607. Ballots; printing and design. The ballot information shall be in the order of arrangement provided for in article 6, chapter 25 of Kansas Statutes Annotated for official ballots. Such information may be printed on both sides of one ballot or on more than one ballot. Noth…

25-4608. Voting procedures applicable. Insofar as applicable, the procedures provided for voting on regular paper ballots shall apply when optical scanning equipment is to be used. Prior to delivering any ballot to the voter, the board worker should place a unique mark in the box…

25-4609. Marking ballots; instruction; voter assistance; procedure. (a) Each voter shall be instructed how to mark the ballot before such voter enters the voting booth. The voter shall also be instructed to place such person's ballot or ballots in a ballot sleeve or other contain…

25-4610. Testing of equipment before election; notice; additional tests; disposition of ballots and programs. (a) The optical scanning equipment may be located at any place within the county approved by the county election officer. (b) Within 30 days prior to the date of the elec…

25-4611. Procedure when polls are closed; comparison count; ballots to counting location; public counting; manual count, when; advance voting ballots; printing and posting of tabulated return. (a) As soon as the polls are closed, the supervising judge shall count the number of ba…

25-4612. Optical scanning equipment fraud; criminal penalty. (a) Optical scanning equipment fraud is: (1) Being in unlawful or unauthorized possession of ballots, optical scanning equipment, computer programs, operating systems, firmware or software; (2) accessing without authori…

25-4613. Specifications for optical scanning systems and equipment. Optical scanning equipment and systems using optical scanning equipment approved by the secretary of state: (a) Shall be capable of being tested to ascertain that the equipment will correctly count votes cast for…

25-4614. Rules and regulations. The secretary of state may adopt rules and regulations: (a) For the use of optical scanning systems to count votes under the election laws of this state; and (b) necessary for the administration of this act. History: L. 2007, ch. 125, § 34; July 1.…

25-4615. Title. K.S.A. 25-4601 through 25-4613, inclusive, and amendments thereto, and K.S.A. 25-4614 and 25-4615, and amendments thereto, shall be known and may be cited as the optical scanning voting systems act. History: L. 2007, ch. 125, § 35; July 1. Previous | Next LEGISLAT…

25-4701. Citation of act. K.S.A. 25-4701 through 25-4716, and amendments thereto, shall be known and may be cited as the help America vote act of 2002 administrative complaint act. History: L. 2004, ch. 25, § 17; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Po…

25-4702. Purpose. Scope. This act provides a uniform, nondiscriminatory administrative procedure for the resolution of any complaint alleging a violation of any provision of title III of the "help America vote act of 2002," including a violation that has occurred, is occurring, o…

25-4703. Definitions. As used in this act: (a) "Arbitrator" means a neutral third party selected by the secretary of state who resolves the dispute between the complainant and respondent, and whose decision is final. (b) "Complainant" means the person who files a complaint with t…

25-4704. Filing of complaint. Any person who believes that a violation of any provision of title III is occurring, has occurred, or is about to occur, may file a complaint with the secretary of state. History: L. 2004, ch. 25, § 20; July 1. Previous | Next LEGISLATIVE COORDINATIN…

25-4705. Form of complaint. (a) A complaint shall be made in writing and signed by the complainant under oath before a notary public. (b) The complaint shall be submitted on a form prescribed by the secretary of state. The complaint form shall be available from the secretary of s…

25-4706. Time limits for filing complaints. (a) A complaint shall be filed with the secretary of state within 30 days after the occurrence of the actions or events that form the basis for the complaint. For violations that are occurring or about to occur that may need immediate r…

25-4707. Consolidation of complaints. The secretary of state may consolidate complaints if such complaints relate to the same actions or events or raise common questions of law or fact. History: L. 2004, ch. 25, § 23; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL Gener…