SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2086
As Amended by Senate Committee on Federal
and State Affairs

Brief*
HB 2086, as amended, would amend law on election-
related subjects including election administration,
qualifications for office, dates and deadlines, notices, certain
election crimes, and equipment.

Election Administration
County Election Officer (Sections 1, 3, 11, 27, and 42)
The bill would state each county election officer is the
sole public officer responsible for planning, conducting, and
coordinating elections within that county, responsible for
ensuring the elections comply with federal and state laws and
rules and regulations.
The bill would prohibit any county election office or
county election office employee or agent from creating, or
permitting any other person to create, an image of the hard
drive of any voting system, optical scanning equipment, or
any other voting system that contains a hard drive component
without the written consent of the Secretary of State
(Secretary). The bill would also require each county election
officer to create a back-up copy of the hard drive of any
electronic or electromechanical voting system, optical
scanning equipment, or any other voting system that contains
a hard drive component immediately before and after any
system updates, repairs, or improvements, and after each
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
general election. County election officers would be required to
maintain such back-up copies in a secured location for not
less than 22 months.
The bill would require any appointed election
commissioner, not just a commissioner in a county of a
certain population size, to be responsible for establishing
precinct boundaries.
The bill would permit a county election officer to mail a
notice to a voter on the permanent advance voting list who
fails to vote in 2 consecutive general elections informing the
voter that the voter’s name will be removed from the
permanent advance voting list unless the voter renews their
application for permanent advance voting status within 30
days after the notice is mailed. [Note: Current law states
notice may be mailed to a voter who fails to vote in four
consecutive general elections.]
The bill would prohibit a county election officer from
mailing a ballot to a voter unless that voter has submitted an
application for an advance voting ballot or has permanent
advance voting ballot status, or the election is conducted
pursuant to the Mail Ballot Election Act.
The bill would require the county election officer to
publish on the website of the county election office, as well as
furnish to election boards as required by continuing law,
printed instructions to voters, a list of voters’ rights and
responsibilities, a sample ballot, notification of the date of the
election, and polling place hours.
Secretary of State (Sections 16, 18, 19, 24, 51, and 63)
The bill would give the Secretary discretion as to
whether to order all counties or designated counties of a
district to rotate the names of candidates for a district office
on primary and general election ballots.

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 The bill would add a deadline – the date of the meeting
of the State Board of Canvassers – by which the Secretary
must determine the validity of independent nominating
petitions. If any independent nominating petitions are found to
be invalid, the bill would require the Secretary to notify the
candidate on whose behalf the petitions were filed of that
finding and the reason for it. The bill would authorize the
candidate to object to the finding in accordance with
procedures in continuing law.
The bill would authorize designees of the Lieutenant
Governor, the Attorney General, and the Secretary, as well as
those state officers, to determine the validity of any certificate
of nomination, nomination petition, or declaration of intention
to become a candidate for a national or state office and to
constitute the State Board of Canvassers.
The bill would authorize the Secretary, after consulting
with the Attorney General, to dismiss a complaint alleging
violation of federal voting equipment requirements as
specified in Title III of the Help America Vote Act (HAVA), if
the complaint fails to allege facts.
Other (Sections 22, 37, 38, 46-48, 50, and 52)
Curing a ballot. In the Mail Ballot Election Act, the bill
would add signature verification requirements to match those
applicable to advance voting by mail ballots, to require the
county election office to attempt to contact each person who
submits a ballot for which the signature does not match the
signature on file and allow the voter the opportunity to correct
the deficiency before the county canvass. Signature
verification would not be required if the voter has a disability
preventing signature or having a signature consistent with the
voter’s registration form. The bill would authorize signature
verification by electronic device or human inspection. [Note:
These provisions are present in continuing law for advance
voting ballots.]

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 Poll book. In election definitions of general application,
the bill would amend the definition of “registration book” to
require each page of the book contain a specified declaration
regarding voter identity and compliance with election laws.
The bill would add a definition of “abstract,” to mean a list of
election results for a particular precinct or district with the total
votes for each candidate and for or against each
constitutional amendment or question submitted.
Provisional partisan primary ballots. In law regarding
the original canvass of elections, the bill would require
canvassers to count votes for those offices or issues for
which an unaffiliated voter may cast a vote if a registered
voter who is unaffiliated with a political party has cast a
provisional partisan ballot in a primary election.
Poll agents. The bill would authorize an authorized poll
agent to be present and observe the proceedings at all
recounts and post-election audits.
Ballot images. In law regarding post-election audits, the
bill would specify a ballot image may be reviewed as well as a
paper ballot and that one constitutional amendment question,
if any, must be audited.
Recounts. In law regarding recount procedures, the bill
would:
● If the recount is regarding a constitutional
amendment, authorize any registered elector who
cast a ballot for a constitutional amendment
submitted to request a recount in one or more
counties;
● Change the deadline for filing a request for a
recount with the Secretary from the second Friday
following the election to the day following the last
meeting of the county board of canvassers
applicable to the election for which the recount is
requested;
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 ● Require a person requesting a recount, who must
file a bond to pay costs of the recount, to file that
bond contemporaneously with a request for a
recount; and
● Specify that no bond is required for a recount when
the election returns find a candidate was defeated
by no more than 0.5 percent of the votes.
Open primaries. The bill would require each political
party entitled to nominate candidates by primary election to
notify the Secretary in writing on or before January 15 of any
year in which a partisan general election is to be held whether
voters who are unaffiliated with that party may vote in the
party’s primary election.

Qualifications for Office (Sections 2, 6-8, and 33)
County election officer. The bill would prohibit anyone
convicted of an election-related crime described in Chapter
25, Elections, of the Kansas Statutes Annotated, or a crime
substantially the same in any other jurisdiction, from serving
as a county election officer.
The bill would authorize filling a vacancy in the office of
county clerk by appointment of a qualified elector of the state,
replacing a requirement that the qualified elector live in the
county at the time of appointment. [Note: Continuing law
requires the Governor to appoint the person elected at a
district convention of precinct committeemen and precinct
committeewomen.]
Sheriff. In law regarding appointment of a sheriff as a
result of a vacancy, the bill would require any individual
appointed to the office of sheriff be a qualified elector of the
county on the day the individual is sworn in as sheriff.
School and community college boards. In the School
Election Act and the Community College Election Act, the bill
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would require a candidate whose name is inserted on the
ballot by the voter to be a qualified elector residing in the
district.

Adjusting Election-related Dates and Deadlines
(Sections 4, 5, 12, 15, 19, 29, 38)
The bill would amend several election-related dates.
[Note: Generally, these amendments would remove conflicts
with advance voting statutes and allow ballots to conform with
a requirement in the federal Uniformed and Overseas
Citizens Absentee Voting Act (UOCAVA) to transmit absentee
ballots to UOCAVA voters no later than 45 days before an
election.]
Election dates. In law regarding municipal elections
required for the issuance of bonds, the bill would require the
election to be held within 60 days, rather than 45 days, after
compliance with other legal requirements. [Note: The statute
provides exceptions for irrigation districts or when another
procedure is specified.]
In law applicable to an election in a city of the third class
regarding whether to sell any municipally owned utility, the bill
would require the election to be held within 60 days, rather
than 40 days, of the passage of the ordinance.
Notifications regarding candidates. In general
election law, the bill would change the deadline by which the
county election officer must notify each person nominated for
public office from 25 days to 50 days prior to the general
election.
The bill would also move from 2 weeks to 50 days
before a primary election the deadline by which the county
election officer must send a list of candidates to each
candidate, and it would add a requirement that the list also be
sent to the chairpersons of the political parties of the county.
The bill would require the list to include the office, the
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candidate’s name, the city where the candidate resides, and
the candidate’s political party, as that information will appear
on the primary election ballot. The bill would authorize a
candidate, as well as the party chairperson, to suggest
changes regarding the list to the county election officer, and it
would change the deadline for those suggestions, from on or
before the 11th day before the election to on or before 45th
day.
Candidacy deadlines. In the State Board of Education
Election Act, the bill would change the deadline for filing a
petition or declaration of intention by noon on June 1, the
deadline for filing for other offices, rather than June 10.
Initiating a proceeding. The bill would change from 45
days to 60 days before the election the deadline to
commence a mandamus or injunction proceeding to compel
an election officer to or restrain an officer from placing a
name on a ballot.
Establishing precinct boundaries. In law regarding
precinct boundaries, the bill would require precinct
boundaries to be reestablished the sooner of June 1,
replacing June 10, or 45 days after the Legislature has been
redistricted in a year ending in “2.”

Require Website Notices (Sections 4, 5, 10, 12, 32, 35, 39
49)
The bill would require election-related notices to be
published on the county election office website, in addition to
publication in newspapers as in continuing law, as specified
below.
Notices of upcoming elections. The bill would require
notice of the election to be published on the county election
website at least 21 days before the election and remain until
the day after the election for municipal bond elections and for

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elections in a city of the third class on whether to sell a utility
owned by the city.
The bill would require an appointed election
commissioner to give notice of an upcoming election on the
website of the county election office of any county where the
election is to be conducted, as well as in the official county
newspaper, at least 15 days before the election.
The bill would require the county election officer to
publish notice of any general election on the county election
office website at least 30 days before the election and remain
on the website until the day after the election. The bill would
require notice in one or more newspapers to be published at
least 30 days, rather than 15 days as in current law, before
the general election.
In the School Election Act, the bill would require notice
of the primary election to be published on the website of the
county election office of any county where the election is to
be conducted, from June 10 until the day after the election.
The bill also would require notice of the general election to be
published on the website of the county election office at least
21 days before the election and remain on the website until
the day after the election.
In law authorizing the county election officer to establish
or divide a township precinct, the bill would require notice of
the election to be published on the website of the county
election office.
Voter registration. The bill would require notice of the
places and dates for voter registration for each election to be
published on the website of the county election office and
remain on the website until the day after registration closes.
Canvass. The bill would require notice of the original
canvass of every election to be published on the website of
the county election office.

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Election of Precinct Committeemen and Precinct
Committeewomen (Sections 14, 17, and 55)
Eligibility. The bill would require the county election
officer to verify the party affiliation of the candidate when a
declaration of intention is filed to become a candidate for
precinct committeeman or committeewoman.
Continuing law requires a person elected to the office of
precinct committeeman or precinct committeewoman if no
nomination petitions or declarations have been filed to
receive at least five write-in votes. The bill would add the
requirements that the person live in the precinct, be a
qualified elector, and be a member of such party as shown by
the party affiliation list maintained in the county election
office.
The bill would prohibit a candidate for precinct
committeeman or committeewoman from filing a declaration
of intention to be a candidate unless that person lives in the
precinct.
Term of office. The bill would specify each precinct
committeeman and committeewoman will assume the duties
of those offices on the day after the primary election and will
not be required to take an oath required of all officers elected
or appointed under Kansas law before beginning their duties.
Contact information. The bill would require contact
information for precinct committeepersons. It would require
the county election officer to send to the Secretary, within
seven days after each primary election in even-numbered
years, a list of those who hold the office of precinct
committeeman or committeewoman and to notify the
Secretary of any updates. The bill would require the county
chairperson to notify the county election officer of the name,
address, email address (if available) and a phone number or
phone numbers (including a mobile phone number, if
available), of each elected or appointed precinct
committeeman or committeewoman and to report any
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changes in that information to the county election officer
within ten days after the change. The bill would require the
Secretary to keep an updated list of all precinct
committeepersons and their contact information.

Election Crime (Sections 60 and 62)
The bill would amend the definition of electronic or
electromechanical voting system or electronic poll book fraud
to add accessing without authorization or facilitating
unauthorized access to voting system equipment, electronic
poll book equipment, computer programs, operating systems,
firmware, software, or ballots, and knowingly publishing or
causing to be published any password or other confidential
information relating to voting system equipment, electronic
poll book equipment, computer programs operating systems,
firmware, or software.
The bill would amend the definition of optical scanning
equipment fraud to add accessing without authorization or
facilitating the unauthorized access to optical scanning
equipment, and knowingly publishing or causing to be
published any password or other confidential information
relating to optical scanning equipment.

Election Equipment (Sections 40, 41, 44, and 45)
Only for elections conducted in counties that do not use
tabulators or optical scanners to count votes, the bill would
require:
● The use of separate ballot boxes for various types
of elections;
● Ballot boxes to be opened, emptied, and relocked