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


February 7, 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 2190 by House Committee on Elections
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2190 is
respectfully submitted to your committee.
HB 2190 would create and define two new crimes, interference with an election official
and failure to comply with statewide voter registration database requirements. The crime of
interference with an election official would be classified as a severity level 7, nonperson felony.
The crime of failure to comply with statewide voter registration database requirements would be
a severity level 10, nonperson felony. The bill would also expand the definition of the crime of
intimidating a voter to include physical violence or intimidation, monitoring a voter at a polling
place, threats of legal action without a legal basis, and threats to disseminate a voter’s personal
information. Under the bill, the Kansas Secretary of State would no longer have the authority to
prosecute elections crimes and would instead notify the Kansas Attorney General, district attorney
or county attorney of suspicions and evidence of an election crime. The bill would also define
special election and require a candidate for city office to file a candidacy form with the county
election officer instead of the city clerk. The bill would establish requirements for public
inspection of the voter registration database, and public inspection of a voter’s ballot would be
limited to the voter who cast the ballot.
The Secretary of State indicates it would use existing resources to draft and adopt new rules
and regulations as well as provide training and update manuals for county election officials; update
the agency’s website; update public documents and information; and work with media, political
parties, candidates, law enforcement officials, and the public to ensure knowledge of the changes
in elections law administration and election crimes. The agency also indicates there would be no
cost savings due to the removal of prosecutorial authority of election crimes under HB 2190
because the agency does not have employees that prosecute election crimes.
The Honorable Pat Proctor, Chairperson
Page 2—HB 2190

The Kansas Sentencing Commission estimates that enactment of HB 2190 could have an
effect on prison admissions, bed space, and workload of the Commission; however, any fiscal
effect would be negligible. The Office of the Attorney General indicates that any additional costs
resulting from the enactment of HB 2190 would be absorbed within existing resources. The
Department of Corrections indicates enactment of the bill would have no fiscal effect. Any fiscal
effect associated with HB 2190 is not reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties and the League of Kansas Municipalities both indicate
HB 2190 would not have a fiscal effect.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Sandy Tompkins, Office of the Secretary of State
Wendi Stark, League of Kansas Municipalities
John Milburn, Office of the Attorney General
Jay Hall, Kansas Association of Counties
Scott Schultz, Sentencing Commission
Randy Bowman, Department of Corrections


Statutes affected:
As introduced: 25-1114, 25-1115, 25-2110a, 25-2303, 25-2502, 25-2507, 25-2304, 25-2320, 25-2415, 25-2422, 25-3004, 25-3005, 25-2435, 25-2501