Voting in Kansas

From Ballotpedia
Jump to: navigation, search

What's on your ballot?
Click here to find out using My Vote



Election Policy Logo.png
Election Information
Voting in 2023
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
State poll opening and closing times
Ballotpedia's Election Administration Legislation Tracker
Select a state from the menu below to learn more about its voting policies.

The policies governing voter participation are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which people cast their ballots in their respective states.

This article includes the following information about voting policies in Kansas:

See Election administration in Kansas for additional information about election administration in the state, including voter list maintenance policies, provisional ballot rules, and post-election auditing practices.

Do you have questions about your elections? Looking for information about your local election official? Click here to use U.S. Vote Foundation’s election official lookup tool.

Voter registration

Eligibility and registration details

Check your voter registration status here.

To vote in Kansas, one must be a citizen of the United States and a resident of Kansas. In order to register, an individual must be least 18 years old before the next election. Voters must register at least 21 days prior to Election Day. Registration can be done by completing and returning an application, either in person or by mail. Registration may also be completed online.[1]


In-person voting

Poll times

See also: State poll opening and closing times

In Kansas, most polls are open from 7:00 a.m. to 7:00 p.m. Central Time, as Kansas mandates in its state laws that the polls must be open a minimum of 12 hours. Counties may open the polls earlier and close them later. If the polls close while a voter is in line, he or she will still be permitted to vote.[2]

Voter identification

See also: Voter identification laws by state

Kansas requires voters to present photo identification while voting.[3]

Voters can present the following forms of identification:

  • Driver's license or nondriver's identification card issued by Kansas or by another state or district of the United States
  • Concealed carry of handgun license issued by Kansas or a concealed carry of handgun or weapon license issued by another state or district of the United States
  • United States passport
  • Employee badge or identification document issued by a municipal, county, state, or federal government office
  • Military identification document issued by the United States
  • Student identification card issued by an accredited postsecondary institution of education in the state of Kansas
  • Public assistance identification card issued by a municipal, county, state, or federal government office
  • Identification card issued by an Indian tribe

A photo ID does not need to have an expiration date, but, if it does have an expiration date, it must not have expired at the time of voting. If the voter is over the age of 65, he or she can use an expired ID.[3]

The following voters are exempt from providing photo ID:[3]

  • Military and overseas citizens who vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
  • Voters who vote in mail ballot elections, which are limited to local jurisdictions holding special question-submitted elections
  • Voters who are accepted to the permanent advance voting list
  • Any voter who objects to having his or her photo taken because of his or her religious beliefs. The voter can complete and sign the Declaration of Religious Objection form.

Voters who do not have a photo ID can obtain one for free through the Division of Vehicles, Kansas Department of Revenue. The voter must provide proof of identity and proof of residence. The voter must also sign an affidavit. Voters can access the Certification Requesting Fee Waiver for Nondriver Identification Card form at all driver's license offices, county election offices, and on the secretary of state's website. If a voter does not have the proper documents to obtain a nondriver ID card, he or she can obtain a Kansas birth certificate from the Kansas Office of Vital Statistics for free. Voters can also apply for a free State Voter Identification Document. Voters should contact the election division of the secretary of state's office at election@sos.ks.gov or (800) 262-VOTE to apply.[3]

Early voting

See also: Early voting

Kansas permits early voting. Learn more by visiting this website.

Absentee/mail-in voting

See also: Absentee/mail-in voting

All voters are eligible to vote absentee in Kansas. There are no special eligibility requirements for voting absentee. An absentee ballot application must be received by the Tuesday prior to the election. Kansas refers to absentee voting as "advance voting."[4]


Local election officials

U.S. Vote Foundation Logo.jpeg

Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool.

Voting rules for people convicted of a felony

See also: Voting rights for convicted felons

In Kansas, people convicted of a felony offense may not vote until they have completed their entire sentence, including parole or probation, at which time their voting rights are automatically restored. Residents of other states serving a sentence in Kansas dictated by a felony crime may, however, be able to use an absentee ballot to vote in their home state, depending on the state's laws. For more information on Kansas' rules for restoring voting rights to people convicted of a felony, click here.

Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[5]


Election agencies

Seal of the U.S. Election Assistance Commission
See also: State election agencies

Individuals seeking additional information about voting provisions in Kansas can contact the following state and federal agencies.

Secretary of State Office:

Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
Telephone: 785-296-4564
Email: election@sos.ks.gov
http://www.kssos.org/

U.S. Election Assistance Commission

633 3rd Street NW, Suite 200
Washington, DC 20001
Telephone: 301-563-3919
Toll free: 1-866-747-1471

Noteworthy events

2021

Federal judge enjoins enforcement of law prohibiting out-of-state groups from sending absentee/mail-in ballot application forms to Kansas voters

On November 19, 2021, Judge Kathryn Vratil, of the U.S. District Court for the District Court of Kansas, enjoined a state law prohibiting out-of-state groups from sending absentee/mail-in ballot application forms to Kansas voters. In her order, Vratil wrote, "Precedent dictates that the Court must treat alleged First Amendment harms 'gingerly.' Plaintiffs have sufficiently pled that unless enjoined, [the law in question] will limit Kansas voters in navigating the path to ballot access and interfere with plaintiffs' First Amendment rights. Such losses are ones that money damages cannot redress, so this factor weighs strongly in favor of an injunction." Vratil's order barred election officials from enforcing the disputed law pending full resolution of the case.[6]

Lawmakers enact two bills making several changes to state election law

On May 3, 2021, the Kansas House of Representatives and the Kansas State Senate voted 85-38 and 28-12, respectively, to override Governor Laura Kelly's (D) vetoes of HB2813 and HB2332. As enacted, the bills made the following changes to the state's election laws:[7][8]

  • HB2813
    • Prohibited backdating or otherwise altering a postmark on an advance voting ballot "if the intent is to make the mailing date appear different from the actual date of mailing by the voter or voter's designee."
    • Prohibited local election officials "from accepting an advance voting ballot transmitted by mail unless they first verify the signature on an advance voting ballot envelope matches the signature on file in the county voter registration records."
    • Rescinded the authority of the secretary of state to extend the deadline for receiving advance voting ballots.
    • Prohibited "any person from delivering an advance voting ballot on behalf of another person, unless the person submits an accompanying written statement at the time of delivery, signed by both the voter and the person delivering the ballot." Prohibited a candidate for office from delivering an advance voting ballot on behalf of another voter unless that voter is a member of the candidate's immediate family. Prohibited any individual from delivering more than 10 advance voting ballots on behalf of other voters.
  • HB2332
    • Required "any individual who solicits by mail a registered voter to file an application for an advance voting ballot, and in such mailing includes an application for an advance voting ballot, to include in such mailing:" the name and address of the individual or entity making the solicitation; the name of the president or chief executive officer of the entity, if applicable; and a statement in the following form: "Disclosure: This is not a government mailing. It is from a private individual or organization."
    • Prohibited "any person not a resident of Kansas or domiciled in Kansas from mailing or causing to be mailed an application for an advance voting ballot."
    • Prohibited "the Governor, the Executive Branch, and the Judicial Branch from altering election laws."

Upon vetoing the two bills on April 23, 2021, Kelly said each was "designed to disenfranchise Kansans, making it difficult for them to participate in the democratic process, not to stop voter fraud." Rep. Blake Carpenter (R), who voted in favor of both bills, rejected this characterization: "The governor said that this is a problem in search of a solution, or that we don’t really need this legislation. However, I think that this legislation directly impacts what future elections could look like because of the issues we saw in those other elections and other states."[9][10]

HB2813 originally cleared both the Kansas House of Representatives and the Kansas State Senates by votes of 80-42 and 27-11, respectively. The House and Senate originally voted 83-38 and 27-11, respectively, to adopt HB2332.[7][8]

Multiple groups filed separate lawsuits (listed below) challenging various provisions of these bills:


2018

On June 18, 2018, federal Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down a provision of the SAFE Act establishing that Kansans must present proof of citizenship in order to register to vote (documentary proof of citizenship, or DPOC, law). Robinson ordered Secretary of State Kris Kobach (R) to ensure that "all elections-related public education materials ... make clear that voter registration applicants need not provide DPOC in order to become registered to vote, and need not provide any additional information in order to complete their voter registration applications." Kobach's office initially advised county clerks to continue enforcing the DPOC law pending further written guidance, but advised county clerks on June 20, 2018, to comply with Robinson's order.[11][12]

Robinson's ruling came as the result of two separate lawsuits, which were consolidated for trial: Fish v. Kobach and Bednasek v. Kobach. Robinson wrote the following in her ruling:

“ [The] magnitude of the burden on unregistered eligible Kansas voters cannot be justified by the State interests relied on by the Defendant [i.e., Kris Kobach (R), in his capacity as secretary of state]. The evidence at trial demonstrated that those interests, while legitimate, are not furthered by the DPOC law. Instead, the DPOC law disproportionately impacts duly qualified registration applications, while only nominally preventing noncitizen voter registration. It also may have the inadvertent effect of eroding, instead of maintaining, confidence in the electoral system given the confusing, evolving, and inconsistent enforcement of the DPOC laws since 2013.[13] ”
—Judge Julie Robinson

Robinson also ordered Kobach to take six additional hours of continuing legal education courses pertaining to federal or state civil rules of procedure or evidence.[14]

Danedri Herbert, a spokeswoman for Kobach, criticized the decision: "Robinson is the first judge in the country to come to the extreme conclusion that requiring a voter to prove his citizenship is unconstitutional. Her conclusion is incorrect, and it is inconsistent with precedents of the U.S. Supreme Court."[15]

Ballotpedia's Election Administration Legislation Tracker

Election tracker site ad.png


State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.

Here's the solution: Ballotpedia's Election Administration Legislation Tracker.

Ballotpedia's Election Administration Tracker sets the industry standard for ease of use, flexibility, and raw power. But that's just the beginning of what it can do:

  • Ballotpedia's election experts provide daily updates on bills and other relevant political developments
  • We translate complex bill text into easy-to-understand summaries written in everyday language
  • And because it's from Ballotpedia, our Tracker is guaranteed to be neutral, unbiased, and nonpartisan

The Ballot Bulletin

Ballot-Bulletin-Header-D2.jpg


The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.

Recent issues

Click below to view recent issues of The Ballot Bulletin.

Subscribe

Enter your email address below to subscribe to The Ballot Bulletin.



Ballotpedia's election coverage

Click the tiles below to navigate to 2023 election coverage, or use the map below:


Democratic primaries 2024
Republican primaries 2024

See also

Elections in Kansas


External links

Footnotes

  1. ↑ Kansas Office of the Secretary of State, "Kansas Voter Registration Instructions," accessed March 24, 2023
  2. ↑ State of Kansas Secretary of State, “Frequently Asked Questions” accessed March 24, 2023
  3. ↑ 3.0 3.1 3.2 3.3 Kansas Secretary of State, "Elections - FAQ," accessed March 24, 2023
  4. ↑ Kansas Office of Revisor of Statutes, “K.S.A. 25-1122” accessed March 24, 2023
  5. ↑ National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
  6. ↑ United States District Court for the District of Kansas, "VoteAmerica v. Schwab: Memorandum and Order," November 19, 2021
  7. ↑ 7.0 7.1 Kansas Legislature, "HB 2183," accessed May 9, 2021
  8. ↑ 8.0 8.1 Kansas Legislature, "HB 2332," accessed May 9, 2021
  9. ↑ Office of the Governor of Kansas, "Governor Laura Kelly Vetoes Divisive Voter Suppression Bills, Keeps Kansas Welcoming and Open for Business," April 23, 2021
  10. ↑ Associated Press, "Kansas governor vetoes measures to tighten election laws," April 23, 2021
  11. ↑ United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  12. ↑ The Topeka Capital-Journal, "Kobach's office tells counties to stop asking for proof of citizenship," June 20, 2018
  13. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  14. ↑ United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  15. ↑ The Topeka Capital-Journal, "Judge sides with ACLU in voter registration fight, orders Kobach to go to school," June 18, 2018
v • e
Election information
Resources
Ballotpedia Election Coverage Badge.png
Elections
by state
2024 elections
2023 elections
2022 elections
2021 elections
2020 elections
2019 elections
2018 elections
How to vote
in each state
Flag of Kansas
v • e
State of Kansas
Topeka (capital)
Elections

What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures

Government

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy

Retrieved from "https://ballotpedia.org/wiki/index.php?title=Voting_in_Kansas&oldid=9301029"