Volume 42 - Issue 39 - September 28, 2023

State of Kansas

Secretary of State

Permanent Administrative Regulations

Article 36.—ABSENTEE AND ADVANCE VOTING

7-36-7. Processing advance voting ballot applications. This regulation shall govern the processing of each application for an advance voting ballot received by a county election officer if the applicant is registered to vote in that election officer’s county and wants to receive the ballot by mail.

(a) If the application does not contain sufficient information or if the information is illegible, the county election officer shall contact the applicant by any reasonable means to obtain the information no later than the Tuesday before the primary or general election.

(b) If the application is not signed or the signature on the application is not consistent with the applicant’s signature on the official voter registration list, the election officer shall comply with the procedures specified in K.A.R. 7-36-9.

(c) If the application

(1) does not contain the number of the applicant’s current and valid Kansas driver’s license number or nondriver’s identification card number,

(2) does not contain a photocopy of any other identification specified in K.S.A. 25-2908, and amendments thereto, or

(3) if the Kansas driver’s license number or nondriver’s identification card number or photocopy is illegible, the county election officer shall attempt to contact the applicant no later than the Tuesday before the primary or general election to obtain the missing or illegible information. The county election officer shall provide the applicant with the information required by K.S.A. 25-1122(e)(2), and amendments thereto.

(d) If the county election officer obtains the necessary identification number or photocopy and the identification number or photocopy is consistent with the voter registration list on or before the Tuesday before the primary or general election, the county election officer shall issue a regular advance voting ballot.

(e) If an applicant submits a photocopy of the qualifying photographic identification document and the document contains information that is illegible or inconsistent with the information on the voter registration list, the county election officer shall attempt to contact the applicant by any reasonable means to confirm that the applicant intended to apply for an advance voting ballot and shall attempt to obtain a satisfactory photocopy of the qualifying photographic identification document.

(f) If on the Tuesday before the primary or general election the information, signature, or photocopy provided remains incomplete or inconsistent with the voter registration list, the county election officer shall issue a provisional advance voting ballot.

(g) The county election officer shall present each provisional advance voting ballot to the county board of canvassers for a determination of validity. If the voter provided additional information, an updated signature, or an additional photocopy upon request by the county election officer and if the information, signature, or photocopy is consistent with the voter registration list, the ballot shall be counted unless the county board of canvassers determines the ballot is invalid for another reason. If the voter did not provide additional information, an updated signature, or an additional photocopy upon request by the county election officer or if the information, signature, or photocopy is inconsistent with the information on the voter registration list, the ballot shall not be counted. (Authorized by K.S.A. 25-1122 and K.S.A. 25-1131; implementing K.S.A. 25-1122, K.S.A. 25-1123, and K.S.A. 2022 Supp. 25-1124; effective Feb. 24, 2012; amended, T-7-5-26-22, May 26, 2022; amended Sept. 23, 2022; amended Oct. 13, 2023.)

Article 47.—ELECTION AUDITS

7-47-1. Postelection audit implementation. The requirements of this regulation shall not apply to local question elections or mail-ballot elections pursuant to K.S.A. 25-431 through 25-441 and amendments thereto. (a) As used in K.S.A. 25-3009 and amendments thereto, the term “unofficial election night returns” shall include ballots cast and counted on election day, ballots cast in advance and counted on election day, and ballots cast by means of the uniformed and overseas citizens absentee voting act (UOCAVA) procedures and counted on election day. This term shall not include any ballots cast that are challenged or marked as provisional or any ballots that are cast in advance and received after election day.

(b) Each county election officer shall complete the training provided by the secretary of state. As specified in K.S.A. 25-3009 and amendments thereto, each county election officer shall provide training to the election board conducting the postelection audit. The training shall include the identification of voter intent specific to the vote-casting technologies in use across Kansas.

(c)(1) An auditable race and precinct shall be a race and precinct meeting the requirements in K.S.A. 25-3009, and amendments thereto, for an audit to be conducted. The random selection of races and precincts shall take place in a public setting, and the procedure to randomize the selection of races and precincts shall be determined solely by each county election officer and the secretary of state. Upon completion of the audit, each election board shall transmit to the secretary of state and the county election office the results of the audit no later than 48 hours before the meeting of the county board of canvassers.

(2) In even-year elections, within 24 hours of the closing of the final polling location in Kansas, the list of randomly selected races to be audited shall be transmitted by the secretary of state to each county election officer. Each county election officer shall examine each race in the order specified until an auditable race is determined. Each county election officer shall then randomly select one percent of the total county precincts from the subset of auditable precincts. If no contested race exists, the election board shall audit the first race listed.

(3) In odd-year elections, each county election officer shall randomly select the races and then each precinct to be audited.

(d) Ballot images may be used for the manual audit if imaging technology exists during the tabulation process on election night. (Authorized by and implementing K.S.A. 2022 Supp. 25-3009 and K.S.A. 2022 Supp. 25-2912; effective, T-7-6-26-19, June 26, 2019; effective Sept. 27, 2019; amended Oct. 13, 2023.)

Scott Schwab
Secretary of State

Doc. No. 051519