Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


April 20, 2023


The Honorable Pat Proctor, Chairperson
House Committee on Elections
300 SW 10th Avenue, Room 218-N
Topeka, Kansas 66612
Dear Representative Proctor:
SUBJECT: Fiscal Note for HB 2164 by House Committee on Elections
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2164 is
respectfully submitted to your committee.
HB 2164 would create and define the crime of elector fraud as transmitting any falsely
made, altered, forged or otherwise fraudulent presidential electoral college certificate of vote. The
Secretary of State would submit the certificate. Elector fraud would be a severity level 10,
nonperson felony.
The Kansas Sentencing Commission estimates that enactment of HB 2164 could have an
effect on prison admissions, bed space, and workload of the Commission; however, any fiscal
effect would be negligible. The Department of Corrections indicates that enactment of the bill
would have no fiscal effect. The Office of the Attorney General indicates that costs associated
with any increase in cases or complaints as a result of enactment of HB 2164 would be absorbed
within existing resources.
The Kansas Judicial Branch indicates HB 2164 could increase the number of cases filed in
the district courts because it creates a new crime. The provisions of the bill would increase time
spent by district court judicial and nonjudicial personnel in processing, researching, and hearing
cases. Since crimes committed under the bill would carry a severity level 10, nonperson felony
penalty there could be additional supervision of offenders. The enactment of the bill could increase
the collection of docket fees, fines, and supervision fees that would be deposited into the State
General Fund. However, the agency is unable to estimate a fiscal effect. The Secretary of State
provides that it would use existing resources to provide information about the change in law to the
The Honorable Pat Proctor, Chairperson
Page 2—HB 2164

public, media, political parties, candidates, and others. Any fiscal effect associated with HB 2164
is not reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties indicates HB 2164 would not have a fiscal effect on
counties.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Sandy Tompkins, Office of the Secretary of State
Scott Schultz, Sentencing Commission
Randy Bowman, Department of Corrections
Jay Hall, Kansas Association of Counties
Vicki Jacobsen, Judiciary
John Milburn, Office of the Attorney General