HB 348 Modifies numerous provisions relating to elections, the membership of certain boards and committees, and certain contracts

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 348 - This act modifies numerous provisions relating to elections, the membership of certain boards and committees, and certain contracts.

BONDING AFFIDAVIT REQUIREMENT FOR CERTAIN COUNTY OFFICES (52.010, 54.040, & 54.330)

Candidates for county collector, county treasurer and county collector-treasurer are required to provide a copy of a signed affidavit from a surety company indicating the candidate's ability to meet statutory bond requirements for the office to the election authority.

These provisions are similar to provisions in SCS/SB 671 (2012), HCS/HB 1106 (2012), SB 283 (2013), SCS/SB 90 (2013), HB 235 (2013).

PRIMARY ELECTIONS IN CERTAIN THIRD CLASS CITIES (78.090)

Certain third class cities are allowed to eliminate, by ordinance or order, primary elections for mayor and councilmen offices. Any person wishing to become a candidate for these offices must file a statement of candidacy with the city clerk in order to be placed on the ballot.

This provision is similar to a provision in SB 569 (2012), HB 163 (2013), HCS/HB 110 (2013), SB 90 (2013), SB 99 (2013), and truly agreed to and finally passed HB 163 (2013).

MISCELLANEOUS ELECTION ADMINISTRATION PROVISIONS (115.003, 115.005, 115.007, 115.249, 115.259, 115.281, 115.299, 115.300, 115.383, 115.419, 115.423, 115.433, 115.436, 115.439, 115.449, 115.455, 115.456,)

Under current law, voting machines are required to permit voters at a presidential election to vote by use of a single lever for candidates of one party for president, vice president and their electors. They are also required to have mechanical model that illustrates the manner of voting and be placed so that the ballot labels can be seen by the elections judges when not in use. These provisions are repealed.

Under current law, the words "Official Absentee Ballot" is required to appear at the top of an absentee ballot. This act requires that they be in the same form as an official ballot.

Under current law, the election authority is required to appoint 2 judges from each major political party to count absentee ballots. Under this act, they are required to appoint an equal number of judges from each major political party.

A provision requiring that absentee ballots may not be counted by the same person who removed the ballots from the envelopes is repealed.

The act also repeals a provision requiring pasters to cover names to be removed from ballots and a reference to ballot labels.

Currently, election judges are required to open the ballot box after the polls open but before voting begins. This act requires this practice not more than 1 hour before voting begins.

The act repeals a provision requiring ballot cards to be initialed by election judges and a provision requiring ballots to be sealed inside an envelope before they are placed in the ballot box.

Distinguishing marks are required for designating candidates instead of (X).

The act repeals a provision allowing for stickers to be used for write-in candidates, a provision requiring ballots to be strung on a wire or string in the order read, and provisions pertaining to punch card voting systems.

These provisions are similar to provisions in HCS/HB 199 (2013).

VOTER REGISTRATION (115.135)

Documentation presented in order to register to vote shall contain the applicant's legal name as it appears on a birth certificate or as legally changed through marriage or court order. Name change by common usage shall not be permitted.

This provision is identical to a provision in HB 605 (2013).

ELECTION RECOUNTS (115.601)

Currently, in cases where the candidate filed or a petition for a ballot question was filed in the Secretary of State's office, the candidate or petitioner is allowed a recount if the candidate or measure was defeated by less than 1%. This act changes that threshold to less than 1/2 of 1%.

This provision is identical to a provision in HCS/HB 110 (2013), HB 54 (2013), HCS/SB 90 (2013), HCS/SB 99 (2013).

COUNTY POLITICAL PARTY COMMITTEE MEMBERSHIP (115.607)

Under current law, the committee's membership is comprised of two members from each ward, six members from the second and third most populous townships outside of the city and four members from the other townships outside the city. The election authority is required to divide the portion of Kansas City located within Jackson county into wards.

Under this act, members of the county committee shall be elected from the state representative districts. Two men and two women shall be elected from a district wholly contained in the county, two men and two women shall be elected from a district predominantly contained in the county, and one man and one woman shall be elected from a district that is partially but not predominantly contained in the county.

This provision is identical to a provision in SB 395 (2013).

KANSAS CITY SCHOOL BOARD (162.481, 162.492)

Elections for the board of directors of the Kansas City School Board shall be conducted on the primary election day instead of the municipal election day.

The act reduces the membership of the board from 9 to 7 members. Vacancies shall be filled through appointment by the mayor instead of by special election if the vacancy occurs mor than 105 days before the next primary for the office.

WATER SUPPLY DISTRICT BOARD OF DIRECTORS (247.060, 257.080)

Currently, members of the board of directors of a water supply district are required to be residents of the district or have received service from the district at his or her primary residence for a year before being elected. This only allows residents to qualify for such office.

Under current law, all contracts made by such a district are required to conform to law governing contracts of other municipal corporations. This act requires such contracts to conform to section 432.070 that requires express authorization for making such contracts and requires such contracts to be in writing.

These provisions are identical to provisions in HB 691 (2013).

CHRIS HOGERTY


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