Excerpts from K.S.A. Chapter 25 Elections
Article 24 – Election Crimes
Last amended July 1, 2022
A pdf document of a shorter list of Election Crimes for Line Officers is available at this link.
2022SL87 §1 Ballot Transfer; Affidavit
25-2407 Corrupt political advertising; penalty.
25-2408 Definitions.
25-2409 Election bribery.
25-2410 Bribery to induce signing of nomination papers.
25-2411 Election perjury.
25-2412 Election forgery.
25-2413 Disorderly election conduct.
25-2414 Possessing false or forged election supplies.
25-2415 Intimidation of voters.
25-2416 Voting without being qualified.
25-2417 Bribery of an election official.
25-2418 Bribe acceptance by an election official.
25-2419 Misconduct of an election officer.
25-2420 Election fraud by an election officer.
25-2421 Election suppression.
25-2421a Voter registration suppression.
25-2422 Unauthorized voting disclosure.
25-2423 Election tampering.
25-2424 False impersonation as party officer.
25-2425 Voting machine fraud.
25-2426 Printing and circulating imitation ballots.
25-2427 Marking ballots to identify.
25-2428 Destruction of election supplies.
25-2429 Destruction of election papers.
25-2430 Electioneering.
25-2431 False impersonation of a voter.
25-2432 Forfeiture of office or employment upon conviction.
25-2433 Advance voting suppression.
25-2434 Voting more than once.
25-2435 Prosecution of election crimes.
25-2436 Transparency in Revnues Underwriting Elections
25-2437 Transmitting or Delivering Advance Voting Ballots
25-2438 False Representation of an Election Official
HB2138 New Section 1.
(a) The secretary of state, in consultation with county election officers, shall develop an affidavit system to be utilized for the transfer of ballots. Each person who transfers ballots for a county election office shall be required to sign an affidavit listing, if applicable, the:
(1) Number of blank ballots;
(2) number of spoiled ballots;
(3) number of provisional ballots;
(4) number of counted ballots;
(5) number of advanced ballots in envelopes;
(6) name of the person to whom such ballots were delivered; and
(7) location of where the ballots were delivered.
(b) The affidavit system developed under this section shall apply to all ballots delivered, collected and transferred by county election offices prior to, on and after the date of an election and shall operate in conjunction with the provisions of K.S.A. 25-2707, 25-2708 and 25-2709, and amendments thereto, regarding transporting, preserving and destroying ballots and election records.
(c) (1) It shall be a violation of this section to alter any information provided in an affidavit or provide false information in an affidavit with the intent to hinder, prevent or defeat a fair election.
(2) A violation of this section is a severity level 9, nonperson felony.
L. 2022, ch. 87, § 1; July 1
25-2407. Corrupt political advertising; penalty. Corrupt political advertising is:
(a) (1) Publishing or causing to be published in a newspaper or other periodical any paid matter which expressly advocates the nomination, election or defeat of any candidate, unless such matter is followed by the word "advertisement" or the abbreviation "adv." in a separate line together with the name of the chairman of the political or other organization inserting the same or the name of the person who is responsible therefor; or
(2) broadcasting or causing to be broadcast by any radio or television station any paid matter which expressly advocates the nomination, election or defeat of any candidate, unless such matter is followed by a statement which states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the person who is responsible therefor; or
(3) publishing or causing to be published in a newspaper or other periodical any paid matter which is intended to influence the vote of any person or persons for or against any question submitted for a proposition to amend the constitution or to authorize the issuance of bonds or any other question submitted at an election, unless such matter is followed by the word "advertisement" or the abbreviation "adv." in a separate line together with the name of the chairman of the political or other organization inserting the same or the name of the person who is responsible therefor;
(4) broadcasting or causing to be broadcast by any radio or television station any paid matter which is intended to influence the vote of any person or persons for or against any question submitted for a proposition to amend the constitution or to authorize the issuance of bonds or any other question submitted at an election, unless such matter is followed by a statement which states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the person who is responsible therefor; or
(5) publishing or causing to be published any brochure, flier or other political fact sheet which is intended to influence the vote of any person or persons for or against any question submitted for a proposition to amend the constitution or to authorize the issuance of bonds or any other question submitted at an election, unless such matter is followed by a statement which states: "Paid for" or "Sponsored by" followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor.
(b) Corrupt political advertising is a class C misdemeanor.
(c) For the purposes of this section, the term "expressly advocate the nomination, election or defeat of a candidate" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.
History: L. 1973, ch. 173, § 1; L. 2007, ch. 196, § 3; May 24.
As used in this act, unless the context otherwise requires:
(a) "Election" means any primary, general or special election of national, state, county, township, school or city officers or officers of any other subdivision of the state, or any question submitted election held at any time whether the same be upon a constitutional amendment, authority to issue bonds by the state or any subdivision thereof or any other special question whatsoever.
(b) Words and phrases defined in article 25 of chapter 25 of Kansas Statutes Annotated shall have the same meaning when used in this act as is ascribed thereto in said article.
History: L. 1974, ch. 157, § 1; July 1.
(a) Election bribery is conferring, offering or agreeing to confer, or soliciting, accepting or agreeing to accept any benefit as consideration to or from any person either to vote or withhold any person's vote, or to vote for or against any candidate or question submitted at any public election.
(b) This section shall not apply to a business or organization that provides a product of value less than $3 to any person who asserts that such person has voted, without regard to such voter's vote for or against any candidate or issue.
(c) Election bribery is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 3; L. 1993, ch. 291, § 200; L. 2015, ch. 87, § 4; July 1.
25-2410. Bribery to induce signing of nomination papers.
Bribery to induce signing of nomination papers is knowingly:
(a) Offering any benefit, property or thing of value to any person to induce him to sign any nomination paper; or
(b) accepting any benefit, property or thing of value, as consideration for signing any nomination paper.
Bribery to induce signing of nomination papers is a class B misdemeanor.
History: L. 1974, ch. 157, § 4; July 1.
Election perjury is intentionally and knowingly falsely swearing, affirming, declaring or subscribing to any of the following:
(a) Statements in answer to questions put to a person who has been challenged as unqualified to vote.
(b) Statements in answer to questions put to a witness concerning the qualifications of any person to vote.
(c) Statements contained in any affidavit which is prescribed by chapter 25 of the Kansas Statutes Annotated or any other election law of the state, or which is prescribed in any manner by the secretary of state or any county election officer under the election laws of this state.
(d) Statements in answer to questions put by a county election officer or deputy county election officer relating to application for voter registration of any person.
(e) Statements in answer to questions put by an election board member to a person asking for voter assistance because of age, visual handicap, lack of proficiency in reading the English language or physical disability.
(f) Statements of any witness at an election contest.
Election perjury is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 5; L. 1976, ch. 188, § 1; L. 1993, ch. 291, § 201; July 1.
Election forgery is:
(a) Knowingly and with intent to induce official action, signing or otherwise affixing any name other than one's own name to a certificate of nomination, nomination paper or any petition under the election laws of this state;
(b) marking any other person's ballot without such person's consent; or
(c) marking any other person's ballot contrary to the directions of such person.
Election forgery is a severity level 8, nonperson felony.
History: L. 1974, ch. 157, § 6; L. 1980, ch. 113, § 1; L. 1993, ch. 291, § 202; July 1.
25-2413. Disorderly election conduct.
Disorderly election conduct is willfully:
(a) Disturbing the peace in or about any voting place on election day;
(b) leaving or attempting to leave a voting place in possession of any ballot, except as is specifically permitted by law;
(c) approaching or remaining closer than three feet to any voting booth, voting machine or table being used by an election board except as admitted for the purpose of voting or by authority of the supervising judge;
(d) interrupting, hindering or obstructing any person approaching any voting place for the purpose of voting;
(e) engaging in any of the following activities within 250 feet from the entrance of a polling place during the hours the polls are open on election day:
(1) solicitation of contributions; or
(2) conduct of advisory elections other than those specifically authorized by law, including the exercise of home rule power, to be conducted by a county election officer.
Disorderly election conduct is a class B misdemeanor.
History: L. 1974, ch. 157, § 7; L. 1985, ch. 118, § 11; July 1.
25-2414. Possessing false or forged election supplies.
Possessing false or forged election supplies is possessing any falsely made, altered, forged or counterfeit poll book, tally lists or election returns of any election in this state with the intent to hinder or prevent a fair election.
Possessing false or forged election supplies is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 8; L. 1993, ch. 291, § 203; July 1.
25-2415. Intimidation of voters.
(a) Intimidation of voters is:
(1) Intimidating, threatening, coercing or attempting to intimidate, threaten, or coerce any person for the purpose of interfering with the right of such person to vote or to vote as he may choose, or of causing such person to vote for, or not to vote for, any candidate for any office or question submitted at any election; or
(2) mailing, publishing, broadcasting, telephoning or transmitting by any means false information intended to keep one or more voters from casting a ballot or applying for or returning an advance voting ballot.
(b) Intimidation of voters is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 9; L. 2001, ch. 125, § 2; April 26.
25-2416. Voting without being qualified.
(a) Voting without being qualified is knowingly voting or attempting to vote without being qualified:
(1) In any election district when not a lawfully registered voter in such election district; or
(2) at any election by a person who is not a citizen of the United States or who does not otherwise meet the qualifications of an elector.
(b) Voting without being qualified or attempting to vote without being qualified is a severity level 7, nonperson felony.
(c) The provisions of K.S.A. 2020 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to vote without being qualified pursuant to this section.
History: L. 1974, ch. 157, § 10; L. 2015, ch. 87, § 5; July 1.
25-2417. Bribery of an election official.
Bribery of an election official is conferring or offering or agreeing to confer any benefit, property or thing of value upon an election official with intent to influence the election official to perform the election official's duties improperly.
Bribery of an election official is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 11; L. 1993, ch. 291, § 204; July 1.
25-2418. Bribe acceptance by an election official.
Bribe acceptance by an election official is the acceptance by an election official of any benefit, property or thing of value in consideration for improper performance of election duties.
Bribe acceptance by an election official is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 12; L. 1993, ch. 291, § 205; July 1.
25-2419. Misconduct of an election officer.
Misconduct of an election officer is, while being charged with any election duty:
(a) Being grossly neglectful with respect thereto.
(b) Furnishing a voter with a ballot and informing such voter that any of its contents are different from that which appear thereon with intent to induce such voter to vote contrary to such voter's inclinations.
(c) Changing the ballot of a voter.
(d) Willfully permitting any person to testify as a witness or make an affidavit contrary to law.
(e) Preventing a qualified elector from voting.
(f) Refusing to receive the vote of a qualified elector when duly offered.
Misconduct of an election officer is a class B misdemeanor.
History: L. 1974, ch. 157, § 13; July 1.
25-2420. Election fraud by an election officer.
Election fraud by an election officer is, while being charged with any election duty, and with intent to hinder, prevent or defeat a fair election:
(a) Receiving any vote by any person who is not a registered voter or otherwise qualified to vote.
(b) Receiving any vote offered by any person who shall have voted previously at the same election.
(c) Possessing any falsely made, altered, forged or counterfeit poll books, registration books, party affiliation lists, election abstracts or returns or any other election papers.
(d) Receiving, canvassing, counting or tallying any ballots, votes or election returns which are fraudulent, forged, counterfeited or illegal.
(e) Issuing, granting, mailing or delivering any false, fraudulent or illegal certificate of nomination or certificate of election.
(f) Declaring or otherwise proclaiming any false election result.
(g) Declaring or otherwise proclaiming any election result based upon fraudulent, fictitious or illegal votes.
(h) Entering or writing upon any poll book, registration book or party affiliation list the name of any person not qualified to vote.
(i) Entering or writing upon any poll book, registration book or party affiliation list the name of any person who has not voted when in fact such person has not voted.
Election fraud by an election officer is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 14; L. 1993, ch. 291, § 206; July 1.
25-2421. Election suppression.
Election suppression is knowingly:
(a) Suppressing any certificate of nomination, nomination papers, petition for nomination or any part thereof which have been duly filed.
(b) Being in possession of any certificate of nomination, nomination papers or petition for candidacy entitled to be filed under any of the election laws of this state and suppressing, neglecting or failing to cause the same to be filed at the proper time in the proper office.
Election suppression is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 15; L. 1993, ch. 291, § 207; July 1.
25-2421a. Voter registration suppression.
(a) Voter registration suppression is knowingly:
(1) Destroying any application for voter registration signed by a person pursuant to K.S.A. 25-2309, and amendments thereto;
(2) obstructing the delivery of any such signed application to the county election officer or the chief state election official; or
(3) failing to deliver any such application to the appropriate county election officer or the chief state election official as required by law.
(b) Voter registration suppression is a severity level 10, nonperson felony.
History: L. 2001, ch. 125, § 1; April 26.
25-2422. Unauthorized voting disclosure.
(a) Unauthorized voting disclosure is, while being charged with any election duty, intentionally:
(1) Disclosing or exposing the contents of any ballot, whether cast in a regular or provisional manner, or the name of any voter who cast such ballot, except as ordered by a court of competent jurisdiction in an election contest pursuant to K.S.A. 25-1434 et seq., and amendments thereto; or
(2) inducing or attempting to induce any voter to show how the voter marks or has marked the voter's ballot.
(b) Nothing in this section shall prohibit the disclosure of the names of persons who have voted advance ballots.
(c) Nothing in this section shall prohibit authorized poll agents from observing elections as authorized by K.S.A. 25-3004, 25-3005 and 25-3005a, and amendments thereto.
(d) Unauthorized voting disclosure is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 16; L. 1993, ch. 291, § 208; L. 2013, ch. 101, § 1; L. 2018, ch. 87, § 2; July 1.
(a) Election Tampering is:
(1) Making or changing any election record unless the person is lawfully carrying out an election duty;
(2) changing or attempting to change, alter, destroy or conceal any vote cast by paper ballot, election machine or computer;
(3) changing or attempting to change any vote by manipulating computer hardware, computer software, election machine, wireless or cellular transmission or vote tabulation methods; or
(4) knowingly producing false vote totals.
(b) Election tampering is a severity level 7, nonperson felony.
History: L. 1974, ch. 157, § 17; L. 1993, ch. 291, § 209; L. 2015, ch. 87, § 6; L. 2021, ch. 97, § 4 January 1, 2022.
25-2424. False impersonation as party officer.
False impersonation as party officer is willfully and falsely representing oneself to be an officer of any political party organization or committeeman or committeewoman thereof with the intent to deceive any person or to influence in any way the outcome of any election.
False impersonation as party officer is a class A misdemeanor.
History: L. 1974, ch. 157, § 18; July 1.
25-2425. Voting machine fraud.
Voting machine fraud is:
(a) Being in unlawful or unauthorized possession of a voting machine key.
(b) Intentionally tampering with, altering, disarranging, defacing, impairing or destroying any voting machine, automatic ballot, voting machine label or register or record made by a voting machine.
Voting machine fraud is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 19; L. 1993, ch. 291, § 210; July 1.
25-2426. Printing and circulating imitation ballots.
Printing and circulating imitation ballots is knowingly printing and circulating sample or imitation ballots except the official sample ballot furnished by the county election officer.
Printing and circulating imitation ballots is a severity level 10, nonperson felony.
History: L. 1974, ch. 157, § 20; L. 1993, ch. 291, § 211; July 1.
25-2427. Marking ballots to identify.
Marking ballots to identify is knowingly, in any manner or fashion marking, folding or clipping any ballot so that such ballot may be distinguished from other ballots.
Marking ballot to identify is a class A misdemeanor.
History: L. 1974, ch. 157, § 21; July 1.
25-2428. Destruction of election supplies.
Destruction of election supplies is intentionally destroying or defacing any list of candidates posted in accordance with law, card of instruction, sample ballot or any election supplies.
Destruction of election supplies is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 22; L. 1993, ch. 291, § 212; July 1.
25-2429. Destruction of election papers.
Destruction of election papers is intentionally destroying any certificate of nomination or nomination papers or any letter of withdrawal of a candidate.
Destruction of election papers is a severity level 9, nonperson felony.
History: L. 1974, ch. 157, § 23; L. 1993, ch. 291, § 213; July 1.
(a) (1) Electioneering is:
(A) Knowingly attempting to persuade or influence eligible voters to vote for or against a particular candidate, party or question submitted. Electioneering includes, including wearing, exhibiting or distributing labels, signs, posters, stickers or other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted election within any polling place on election day or advance voting site during the time period allowed by law for casting a ballot by advance voting or within a radius of 250 feet from the entrance thereof; or
(B) if committed by a candidate:
(i) Touching or handling any voter's ballot during the voting process;
(ii) distributing ballots or counting ballots;
(iii) hindering or obstructing any voter from voting or from entering and leaving the polling place; or
(iv) hindering or obstructing any election board worker from performing election duties.
(2) Electioneering shall not include bumper stickers affixed to a motor vehicle that is used to transport voters to a polling place or to an advance voting site for the purpose of voting.
(b) The provisions of subsection (a)(1)(B) shall not apply to:
(1) The secretary of state, any election official or county election officer;
(2) a candidate for precinct committeeman or committeewoman who is employed by a county election office and is engaged in the performance of such employee's duties;
(3) a candidate for any office not specified in paragraphs (1) or (2) who is employed by a county election office and is engaged in the performance of such employee's duties, if such employee does not appear as a candidate for office on any ballot such employee touches, handles, distributes or counts; or
(4) a candidate transmitting or delivering an advance voting ballot in accordance with section 2(b), and amendments thereto.
(c) As used in this section:
(1) "advance voting site" means the central county election office or satellite advance voting sites designated as such pursuant to subsection (c) of K.S.A. 25-1122(c), and amendments thereto, and adult care homes and hospital based care units at the time of an election participating in the voting procedures prescribed in K.S.A. 2020 Supp. 25-2812, and amendments thereto, and
(2) "candidate" means an individual who has declared such individual's candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the individual is charged with having violated the provisions of this section.
(d) Electioneering is a class C misdemeanor.
History: L. 1974, ch. 157, § 24; L. 2001, ch. 125, § 3; L. 2008, ch. 129, § 2; L. 2021, ch. 96, § 8; L. 2022, ch. 87, § 7, July 1.
25-2431. False impersonation of a voter.
(a) False impersonation of a voter is representing oneself as another person, whether real or fictitious, and thereby voting or attempting to vote.
(b) False impersonation of a voter is a severity level 8, nonperson felony.
History: L. 1974, ch. 157, § 25; L. 1993, ch. 291, § 214; L. 2015, ch. 87, § 7; July 1.
25-2432. Forfeiture of office or employment upon conviction.
Upon final conviction of any person of any offense specified in this act, such person shall forfeit any public office or public employment which he may hold in addition to any other penalties imposed for such offense.
History: L. 1974, ch. 157, § 26; July 1.
25-2433. Advance voting suppression.
Advance voting suppression is knowingly, with intent to impede, obstruct or exert undue influence on the election process:
(a) Destroying or altering another person's advance voting ballot applied for, or completed, by a registered voter, unless such registered voter consents in writing to such destruction or alteration;
(b) obstructing the delivery of an advance voting ballot to a voter or a completed advance voting ballot to the county election officer;
(c) failing to deliver any such advance voting ballot to the appropriate county election officer within two business days or before the close of polls on election day, whichever first occurs;
(d) exercising undue influence upon an advance voter in applying for, delivering or marking an advance voting ballot; or
(e) opening an advance voting ballot envelope sealed by the voter or examining or disclosing the contents of such voter's advance voting ballot except as required to fulfill official duties as otherwise prescribed by law.
(f) Delivering an advance voting ballot to the United States mail, with first-class postage attached, at least five calendar days prior to election day for delivery to the county election officer shall not be a violation of this section.
(g) As used in this section:
(1) "Undue influence" means coercion, compulsion or restraint as to diminish the voter's free agency, and by overcoming the power of resistance, obliges or causes such voter to adopt the will of another; and
(2) "deliver" means hand-deliver, mail or otherwise transmit an advance voting ballot.
Advance voting suppression is a severity level 9, nonperson felony.
History: L. 2007, ch. 196, § 5; May 24.
25-2434. Voting more than once.
(a) Voting more than once is intentionally:
(1) Voting or attempting to vote more than once in the same jurisdiction in an election held on a particular date;
(2) voting or attempting to vote in more than one jurisdiction in the United States in an election held on a particular date;
(3) inducing or aiding any person to vote more than once in the same jurisdiction in an election held on a particular date; or
(4) inducing or aiding any person to vote in more than one jurisdiction in the United States in an election held on a particular date.
(b) Voting more than once or attempting to commit the crime of voting more than once is a severity level 7, nonperson felony.
(c) The provisions of K.S.A. 2020 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of voting more than once pursuant to this section.
(d) This section shall be part of and supplemental to article 24 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2015, ch. 87, § 1; July 1.
25-2435. Prosecution of election crimes.
(a) Independent authority to prosecute any person who has committed or attempted to commit any act that constitutes a Kansas elections crime defined in K.S.A. 25-1128, and amendments thereto, or article 24 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, shall be vested in:
(1) The district attorney or county attorney of the county where such act occurred;
(2) the Kansas attorney general; or
(3) the Kansas secretary of state.
(b) If one of the officers listed in subsection (a) has commenced the prosecution of a person who has committed or attempted to commit any act that constitutes a Kansas election crime, the other officers listed in subsection (a) may provide assistance to the prosecuting officer but shall not commence a separate prosecution.
History: L. 2015, ch. 87, § 2; July 1.
25-2436 Transparency in Revnues Underwriting Elections
(a) The provisions of this section shall be known and may be cited as the transparency in revenues underwriting elections act.
(b) As used in this section:
(1) "Election official" means any county election officer or the chief state election official, as such terms are defined in K.S.A. 25-2504, and amendments thereto, and any officer or employee of such election official.
(2) "Person" means any individual, corporation, partnership, company, organization, political party, political committee or any other private entity.
(c) No election official shall knowingly accept or expend any moneys, directly or indirectly, from any person, except as provided in any acts of appropriation or as otherwise provided by law, for any expenditures related to conducting, funding or otherwise facilitating the administration of an election pursuant to law.
(d) The provisions of this section shall not apply to:
(1) Any moneys collected by an election official from the payment of fees or assessed costs as required by law; or
(2) any moneys received as campaign contributions for any candidate for the office of county clerk.
(e) A violation of this section is a severity level 9, nonperson felony.
History: L. 2021 Ch. 96, § 1: July 1
25-2437 Transmitting or Delivering Advance Voting Ballots
(a) No person shall knowingly transmit or deliver an advance voting ballot to the county election officer or polling place on behalf of a voter who is not such person, unless the person submits a written statement accompanying the ballot at the time of ballot delivery to the county election officer or polling place as provided in this section. Any written statement shall be transmitted or signed by both the voter and the person transmitting or delivering such ballot and shall be delivered only by such person. The statement shall be on a form prescribed by the secretary of state and shall contain:
(1) A sworn statement from the person transmitting or delivering such ballot affirming that such person has not:
(A) Exercised undue influence on the voting decision of the voter; or
(B) transmitted or delivered more than 10 advance voting ballots on behalf of other persons during the election in which the ballot is being cast; and
(2) a sworn statement by the voter affirming that:
(A) The voter has authorized such person to transmit or deliver the voter's ballot to a county election officer or polling place; and
(B) such person has not exercised undue influence on the voting decision of the voter.
(b) (1) No candidate for office shall knowingly transmit or deliver an advance voting ballot to the county election officer or polling place on behalf of a voter who is not such person, except on behalf of an immediate family member of such candidate.
(2) For purposes of this subsection, the term "candidate for office" means an individual who has declared such individual's candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the voter applied for an advance voting ballot.
(c) No person shall transmit or deliver more than 10 advance voting ballots on behalf of other voters during an election.
(d) (1) A violation of subsection (a) or (b) is a severity level 9, nonperson felony.
(2) A violation of subsection (c) is a class B misdemeanor.
History: L. 2021 Ch. 96, § 2: L. 2022, ch. 87, § 6; July 1.
25-2438 False Representation of an Election Official
(a) False representation of an election official is knowingly engaging in any of the following conduct by phone, mail, email, website or other online activity or by any other means of communication while not holding a position as an election official:
(1) Representing oneself as an election official;
(2) engaging in conduct that gives the appearance of being an election official; or
(3) engaging in conduct that would cause another person to believe a person engaging in such conduct is an election official.
(b) False representation of an election official is a severity level 7,nonperson felony.
History: L. 2021 Ch. 96, § 3: July 1