SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 209
As Amended by House Committee on Elections

Brief*
SB 209, as amended, would change the deadline for all
advance voting ballots to be received by the county election
officer from the third day following the date of the election to
7:00 p.m. on the date of the election. The deadline change
would apply to advance voting ballots received by mail or in
the office of the county election officer, the satellite election
office, any polling place, or a county-maintained election drop
box.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Thompson.
[Note: Provisions of the bill are similar to those of HB
2056.]

Senate Committee on Federal and State Affairs
In the Senate Committee hearing, proponent testimony
was provided by a representative of Opportunity Solutions
Project and a private citizen. The proponents generally stated
the bill would increase voter trust in the system by providing
more timely results and provide clarity to voters regarding the
deadline.

____________________
*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
 Written-only proponent testimony was provided by the
Kansas Attorney General, a representative of the Kansas
Republican Party, and private citizens.
Opponent testimony was provided by representatives of
the Disability Rights Center of Kansas, Loud Light Civic
Action, and Kansas Appleseed Center for Law and Justice,
and a private citizen. The opponents generally stated the bill
would have an adverse effect on rural voters, voters with
disabilities, voters that work shifts, voters that are out of town
such as college students, and immunocompromised voters.
Further, the opponents stated U.S. Postal Service (USPS)
mail delivery is slower than it was before the grace period
was enacted in 2017.
Written-only opponent testimony was provided by
representatives of the American Civil Liberties Union (ACLU)
of Kansas, Kansas African American Affairs Commission,
Kansas Association of Counties, Kansas County Clerks and
Elections Officials Association, Kansas League of Women
Voters, Kansas National Education Association, and
Mainstream Coalition and private citizens.
A representative of the Secretary of State (Secretary)
provided neutral testimony, stating there were no mechanical
implications from the bill. The conferee provided estimates for
how many ballots were received during the three-day period
following the 2016 and 2022 general elections and what
percentage of ballots were counted and reported on election
night and during the three-day grace period.
House Committee on Elections
In the House Committee hearing, written-only
proponent testimony was provided by provided by eight
private citizens who generally stated the bill would help
address concerns of election fraud and require all ballots to
be received by or on election day.

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 Opponent testimony was provided by representatives of
the Disability Rights Center of Kansas, Kansas Appleseed
Center for Law and Justice, and League of Women Voters of
Kansas, and by two private citizens. The opponents generally
stated the bill would have an adverse effect on people with
disabilities, rural voters, and students attending college out-
of-state, and they expressed concerns about USPS delivery
times.
Written-only opponent testimony was provided by
representatives of the ACLU of Kansas, Health Forward
Foundation, Kansas African American Affairs Committee,
Kansas Association of Counties, Kansas County Clerks and
Elections Official Association, Kansas National Education
Association, Loud Light Civic Action, REACH Healthcare
Foundation, and Voter Rights Network of Wyandotte County.
Written-only opponent testimony also was received from 19
private citizens.
A representative of the Secretary provided neutral
testimony, stating there were no mechanical implications of
the bill and the three-day grace period was added in 2017 in
response to reports from USPS indicating the standard
delivery time for first-class mail would be five, six, or seven
business days.
On March 14, 2023, the House Committee amended the
bill to clarify that advanced voting ballots turned in to the
satellite election office or a county-maintained election drop
box would be subject to the amended deadline.
Fiscal Note
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Secretary would use
existing resources to provide training and updates required to
implement the bill. In addition, the Secretary indicates that
county election offices would have to update public
information, conduct public outreach, and undertake other
activities to notify the public of the change in the deadline.
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Any fiscal effect associated with enactment of the bill is not
reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties indicates the bill
could have a fiscal effect on local government, as the shorter
deadline could create the need for more election workers to
process and receive ballots prior to and on election day, but it
is unable to estimate a fiscal effect.
Elections; advance voting ballots; county election office; Secretary of State; mail-in
ballots; ballot drop boxes; advance voting ballot deadline


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Statutes affected:
As introduced: 25-1132
As Amended by House Committee: 25-1132
Enrolled: 25-1132