Bill Summary – FastDemocracy

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


                                                    May 10, 2023


          The Honorable Mike Thompson, Chairperson
          Senate Committee on Federal and State Affairs
          300 SW 10th Avenue, Room 144-S
          Topeka, Kansas 66612
          Dear Senator Thompson:
                    SUBJECT:      Fiscal Note for SB 290 by Senate Committee on Federal and State Affairs
                  In accordance with KSA 75-3715a, the following fiscal note concerning SB 290 is
          respectfully submitted to your committee.
                  SB 290 would require all presidential preference primary elections to be conducted at the
          same time and in accordance with all applicable laws, rules and regulations governing primary
          elections. The bill would change the date on which primary elections are held from the first
          Tuesday of August to the first Tuesday following the first Monday in May for all primary elections.
          The bill would also change the date for applications for advance voting ballots to be mailed to
          voters for primary elections from April 1 to January 1 of such year.
                  The bill would also change the dates for when nomination petitions for nominations to
          various offices are to be signed by voters and subsequently filed by candidates depending on when
          new boundary lines are defined, and districts established. Currently, new boundary lines are
          defined, and districts are established on or before May 10 or on or after May 11 depending on
          requirements in the law. SB 290 would change these deadlines to March 10 and March 11,
          respectively. The bill would also change when precinct boundaries could be reestablished from
          June 10 to March 10 after the legislature has been redistricted.
                   Current election campaign laws prohibit contributions from being made from January 1
          through sine die of the regular legislative session. SB 290 would also shorten the time to January
          1 to first adjournment of the legislative session. In addition, in 2024 and every four years
          thereafter, a presidential preference primary election would be held for the purpose of electing the
          preferred nominee of a political party for the office of president and vice president. The election
          would be held on the first Tuesday following the first Monday in May of each year in which such
          election is to be held. The bill would also remove the option of unaffiliated voters to declare an
          affiliation at the polling place and be permitted the opportunity to vote at the presidential
          preference primary. The bill would also repeal other presidential preference primary election
The Honorable Mike Thompson, Chairperson
Page 2—SB 290

statutes regarding the ballots to be used, canvassing of the vote of such preference primary,
certification of election results, and payment and reimbursement of election expenses.
       The Secretary of State indicates it would use existing resources to 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, and the public to
ensure knowledge of the change in the date of the primary election as well as all dates associated
with the change in election day.
        The agency estimates SB 209 could increase State General Fund (SGF) expenses by
$150,000 in FY 2024. Of that amount, the agency would request $100,000 SGF for a statewide
public information campaign to inform the public of the change in the Primary Election Day and
$50,000 SGF to publish notice of election in all Kansas counties. The agency also indicates
enactment of the bill would increase county election expenditures by approximately $4,850,000 to
conduct a presidential preference primary election in FY 2024. According to current election laws
for presidential primaries, the counties would seek reimbursement for direct expenses incurred to
conduct presidential primaries. However, SB 290 would repeal KSA 25-4508 which allows for
reimbursement to counties for such costs. The Division of the Budget has asked follow-up
questions regarding the agency’s estimates, and the agency did not respond to the request.
        The Governmental Ethics Commission indicates SB 290 would not have a fiscal effect.
Any fiscal effect associated with SB 290 is not reflected in The FY 2024 Governor’s Budget
Report.
        The Kansas Association of Counties indicates SB 290 could have a fiscal effect on counties
to adjust to the filing and voting deadlines but would level out in time. The counties could incur
additional costs if certain polling locations are not available in the new timeframes. The
Association is unable to estimate a fiscal effect.


                                                    Sincerely,

                                                    Adam Proffitt
                                                    Director of the Budget

cc: Sandy Tompkins, Office of the Secretary of State
    Mark Skoglund, Governmental Ethics Commission
    Jay Hall, Kansas Association of Counties
Statutes affected: 
As introduced: 19-3505, 25-203, 25-205, 25-21a03, 25-302a, 25-1115, 25-1122, 25-1903, 25-2006, 25-2010, 25-2018, 25-2102, 25-2107, 25-2108a, 25-2109, 25-21a01, 25-2502, 25-26a03, 25-3801, 25-3901, 25-4004, 25-4006, 25-4005, 25-4153a, 25-4501a, 25-4502, 71-1413, 25-105, 25-209, 71-1414, 71-1422