Bill Summary – FastDemocracy

Special Session of 2024
                               SENATE BILL No. 3
                                 By Senator Thompson
                                         6-18

 AN ACT concerning elections; relating to nominations for elected office;
   clarifying procedures for accepting a nomination for an elected office;
   imposing restrictions on using multiple nomination procedures;
   amending K.S.A. 25-302, 25-304 and 25-306 and repealing the existing
   sections.
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 Be it enacted by the Legislature of the State of Kansas:
     Section 1. K.S.A. 25-302 is hereby amended to read as follows: 25-
 302. (a) Any recognized political party, except those authorized to
 participate in a primary election pursuant to K.S.A. 25-202, and
 amendments thereto, may by means of a delegate or mass convention or
 caucus of qualified voters belonging to such party for the state or
 municipality, or any lawfully organized portion of either, for which such
 convention or caucus is held, nominate one person for each office that is to
 be filled therein at the next ensuing election, and,. Subject to the
 provisions of this act, such political party shall file a certificate of such
 nominations so made. A convention or caucus for nominating persons for
 national, state, district, or county offices shall be called by the state
 chairperson of the party, or if there be no state chairperson by the party's
 candidate for governor at the preceding general election.
     Every such(b) Each certificate of nomination shall be signed by the
 presiding officer and a secretary of the convention or caucus making such
 nominations. In each case The persons signing the certificates shall add to
 their signatures their places include such person's place of residence with
 such person's signature, and shall make and subscribe an oath that, to the
 best of their such person's knowledge and belief, such certificates and the
 statements therein made are true; and. A certificate that such oath has been
 taken and administered shall be made and signed on such certificate of
 nomination by the officer before whom the same such oath was taken.
     (c) A person listed on a certificate of nomination shall submit a
 signed declaration stating that such person accepts the nomination of the
 party submitting such certificate of nomination for the designated office.
 Such declaration shall be acknowledged by an individual authorized to
 perform notarial acts in this state pursuant to K.S.A. 53-5a010, and
 amendments thereto. No person shall be a party's nominee pursuant to this
 section until such declaration is submitted in accordance with this act.
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     Sec. 2. K.S.A. 25-304 is hereby amended to read as follows: 25-304.
 (a) All certificates of nomination shall be in writing, and shall contain the
 name of each person nominated, with such person's residence and the
 office for which such person is nominated.
     (b) Party certificates of nomination issued by a party convention or
 caucus pursuant to K.S.A. 25-302, and amendments thereto, by the
 secretary of state pursuant to K.S.A. 25-3205, and amendments thereto, or
 by a county election officer pursuant to K.S.A. 25-3110, and amendments
 thereto, shall designate the political party which that the convention,
 primary election or caucus making the nominations represented.
     (c) When electors for president and vice-president vice president of
 the United States are nominated, the names of the candidates for president
 and vice-president vice president may also be shown on the certificates.
 Independent nomination petitions for presidential electors shall contain the
 names of each elector and the names of the candidates for president and
 vice-president vice president of the United States, together with the
 residence of each elector and candidate.
     (d) The provisions of this section shall not apply to city or school
 elections, nor to the election of officers for which it is provided by law to
 be elected at the time of city and school elections.
     Sec. 3. K.S.A. 25-306 is hereby amended to read as follows: 25-306.
 Unless a person declines a nomination pursuant to K.S.A. 25-306e, and
 amendments thereto, withdraws from candidacy pursuant to K.S.A. 25-
 306a, and amendments thereto, or withdraws from a nomination pursuant
 to K.S.A. 25-306b, and amendments thereto:
     (a) No person shall be eligible to may accept more than one
 nomination for the same office.
     (b) No person shall be eligible for nomination to an office pursuant to
 K.S.A. 25-303 or 25-304, and amendments thereto, if such person has filed
 either a declaration of intention to become a candidate for the same office
 or has filed a nomination petition for the same office(1) If a person has:
 (A) Received and accepted a party nomination pursuant to K.S.A. 25-302,
 and amendments thereto; (B) filed a declaration of intention to become a
 candidate for an office pursuant to K.S.A. 25-206, and amendments
 thereto; or (C) filed a valid nomination petition to be an independent
 candidate pursuant to K.S.A. 25-303, and amendments thereto, such
 person shall not become a candidate for office at a general election
 through any of the foregoing procedures unless such person has satisfied
 the provisions of paragraph (2).
     (2) A person who has met one of the conditions described in
 paragraph (1) shall not become a candidate for office at a general
 election through any of the procedures described in paragraph (1) unless
 prior to the filing deadline established by K.S.A. 25-205, and amendments
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 thereto, such person has: (A) Declined a party nomination pursuant to
 K.S.A. 25-306e, and amendments thereto; (B) withdrawn from candidacy
 after nomination pursuant to K.S.A. 25-306a, and amendments thereto; or
 (C) withdrawn from a nomination pursuant to K.S.A. 25-306b, and
 amendments thereto.
     (c) No person shall be eligible to file either a declaration of intention
 to become a candidate for an office or a nomination petition for an office if
 such person has accepted a nomination for the same office pursuant to
 K.S.A. 25-303 or 25-304, and amendments theretoThe provisions of this
 section shall be enforced by the secretary of state for all federal and state
 elected offices and by the appropriate county election officer for all county
 and township elected offices.
     Sec. 4. K.S.A. 25-302, 25-304 and 25-306 are hereby repealed.
     Sec. 5. This act shall take effect and be in force from and after its
 publication in the Kansas register.