SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 366
As Amended by Senate Committee on Federal
and State Affairs

Brief*
SB 366, as amended, would amend election law
concerning the mailing of advance voting ballot applications.

Mailing of Advance Voting Ballot Applications by County
Election Officers
The bill would require county election officers to receive
a request for an advance voting ballot application from a voter
before mailing such application to voters. The bill would
prohibit any portion of the advance voting ballot application
from being completed prior to being mailed by the county
election officer.

Mailing of Advance Voting Ballot Applications by Private
Individuals and Organizations
Mailing by Nonresidents
The bill would remove a provision in current law
prohibiting any person who is not a resident of Kansas or
domiciled in Kansas from mailing or causing to be mailed an
advance voting ballot application. In addition, the bill would
remove related provisions concerning Attorney General
oversight of complaints, investigations, and civil penalties for
violations of this prohibition. [Note: These provisions related
to advance voting ballot applications have been permanently
____________________
*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
enjoined by the U.S. District Court for the District of Kansas
since February 2022.]
Disclosure Requirements
The bill would make the following amendments to the
disclosure requirements for mailings sent by private
individuals or organizations including an application for
advance voting ballot:
● Change the requirement for where specified
information must be included in the mailing to
either the exterior of the mailing or on one of the
pages contained within the mailing. Current law
requires the information be included on both the
exterior and on each page of the mailing;
● Reduce the font size for all required information on
either the exterior of the mailing or on one of the
pages contained within the mailing from 14-point or
larger font to 12-point or larger font; and
● Add the word “official” to the disclosure statement.
[Note: The statement would read: “Disclosure: This
is not an official government mailing. It is from a
private individual or organization.]
Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Thompson.

Senate Committee on Federal and State Affairs
In the Senate Committee hearing, proponent testimony
was provided by four private citizens who generally stated the
bill would help improve election security and integrity, protect

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individual privacy, and reduce United States Postal Service
issues. Written-only proponent testimony was provided by 11
private citizens.
Representatives of the Kansas County Clerks and
Election Officers Association, Kansas League of Women
Voters, and Loud Light Civic Action; and one private citizen
provided opponent testimony. The opponents generally
discussed concerns about undermining local control, limiting
the ability to use advance voting ballot applications as a voter
education opportunity, and restricting the options available for
county election officers to best meet the needs of their
jurisdiction. Written-only opponent testimony was provided by
representatives of the ACLU of Kansas and Health Forward
Foundation; and two private citizens.
Neutral testimony was provided by a representative of
the Office of the Secretary of State (Secretary of State). The
representative addressed concerns regarding individual
privacy, stating the bill aligns with the direction the Secretary
of State gave to the election commissioners for the 2024
elections to not mail advance voting ballot applications, and
that county election officers routinely mail advance voting
ballot applications to all voters as part of their standard
procedures.
The Senate Committee amended the bill to add the word
“official” to the disclosure statement required to be included
either on the exterior of the mailing or on one of the pages
contained within the mailing.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of 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,
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candidates, and the public to ensure knowledge of the new
prohibition on mailing advance voting ballot applications.
Additionally, the agency indicates enactment of the bill
would have a fiscal effect on county election office budgets.
The offices would need additional workers to process the
increase in the volume of calls requesting applications, forms,
postage, and printing costs. Depending on the election, costs
could range from a few hundred dollars to thousands of
dollars per election, per county. Any fiscal effect associated
with the bill is not reflected in The FY 2025 Governor’s
Budget Report.
The Kansas Association of Counties indicates
enactment of the bill would have a fiscal effect on the
counties but is unable to estimate the effect.
Elections; county election officer; advance voting ballot application


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Statutes affected:
As introduced: 25-1122
As Amended by Senate Committee: 25-1122