SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2056
As Amended by Senate Committee of the Whole

Brief*
Senate Sub. for HB 2056, as amended, would limit
county election offices to one remote ballot box for every
30,000 registered voters in the county; require remote ballot
boxes to be monitored or under constant video surveillance;
tie the available hours of a remote ballot box to the hours of
operation of a county election office; extend the advance
voting period by three days; and shorten the voter registration
deadline before an election by three days.
The bill would be in effect upon publication in the
Kansas Register.

Remote Ballot Boxes
Definitions
The bill would define the following terms:
● “Remote ballot box” to mean any form of a locked
ballot box designated by the county election officer
as available for depositing advance voting ballots.
The definition would not include any ballot boxes
located in a county election office or satellite
advance voting site.
● “State or municipal building” to mean a building
owned or leased by the state or municipality.
____________________
*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
 ○ “State or municipal building” would not include
a building owned by the state or a municipality
that is leased by a private entity or a building
held in title by the state or municipality solely
for revenue bond financing.
Quantities Limited
The bill would limit county election offices in counties
with fewer than 30,000 registered voters to one remote ballot
box per election. In counties with more than 30,000 registered
voters, the bill would authorize the county election office to
use one remote ballot box for every 30,000 registered voters
in the county.
Monitoring Requirements
The bill would require remote ballot boxes, when open,
to be:
● Continuously observed by an employee of the
county election office;
● Located inside a state or municipal building where
employees are physically present; or
● Located inside any other building and continuously
observed by two authorized poll agents who shall
not be registered with the same political party.
Available Hours
The bill would prohibit remote ballot boxes from being
open and accessible for the deposit of advance voting ballots
when the county election office is closed.
The bill would require remote ballot boxes to be open
until 7:00 p.m. on the date of the election or until all persons
in line for the remote ballot box have been able to deposit

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their advance voting ballots. The ballots would then be
removed from the remote ballot boxes and transmitted to the
county election office, and the remote ballot box would be
closed and inaccessible for the deposit of any additional
advance voting ballots for such election.
Signage Requirement
The bill would require each remote ballot box to have a
sign clearly posted near its opening stating the statutory limits
on the return of advance voting ballots on behalf of another
voter as specified in KSA 25-2437, and the penalty for
violations. Signage would be required to comply with any
rules and regulations adopted by the Secretary of State
(Secretary).
Authority to Regulate
The bill would require the Secretary to adopt rules and
regulations necessary to implement and enforce the remote
ballot box provisions, including, but not limited to, requiring
ballots received from remote ballot boxes be preserved
separately from other ballots.
Return of Advance Voting Ballot by Drop Box
Current law provides that a voter may return their
advance voting ballot by personal delivery or by mail. The bill
would amend this provision to also authorize the return of
advance voting ballots by remote ballot box.

Advance Voting Period
The bill would extend the application period for an
advance voting ballot to be mailed to the voter from the
current 90 days to 93 days before a November general
election.

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 The bill would amend the filing deadline for applications
for in-person advance voting ballots to between ten days prior
to such election and 12:00 p.m. on the day preceding such
election. Under current law, the application may be filed from
the Tuesday next preceding the election until 12:00 p.m. on
the day preceding the election.
The bill would amend the advance voting ballot period
from the current 20 days before an election to 23 days before
an election.
The bill would amend the deadline for county election
officers to provide for the registration of voters at 1 or more
places from the current 20 days preceding the day of a
primary, general, or any election not otherwise specified to 23
days before such elections.
The bill would amend the deadline for county election
officers to accept voter registration applications from voter
registration agencies and the Division of Vehicles from the
current 21 days before an election to 24 days before any
election. The bill would amend the deadline for the postmark
on a mailed voter registration application from the current 21
days preceding the date of any election to 24 days.

Return of Advance Voting Ballot by Mail
The bill would require a voter returning an advance
voting ballot by mail to use the U.S. Postal Service or any
other delivery service that provides the voter with a receipt
indicating the ballot was mailed and allowing the voter to
verify delivery of the ballot.
The bill would amend the deadline for the receipt by mail
of advance voting ballots by county election officers to 7:00
p.m. on the date of the election. Under current law, such
ballots must be received by the election officer by the last
delivery of the mail of the U.S. Postal Service on the third day
following the date of the election.
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Background
The Senate Committee on Federal and State Affairs
amended SB 394 (pertaining to advance voting ballot
deadlines); replaced the contents of HB 2056 with the
contents of SB 394, as amended; and recommended a
substitute bill be passed.
HB 2056, as introduced in the 2021 Session, concerned
the regulation of sale and distribution of kratom products.
Background information on HB 2056 is contained in the
supplemental note for the introduced version of that bill.

SB 394
SB 394 was introduced by the Senate Committee on
Federal and State Affairs at the request of Representative
Esau.

Senate Committee on Federal and State Affairs
In the Senate Committee hearing, Representative Esau,
a former Representative, a representative of Opportunity
Solutions Project, and a private citizen testified as
proponents, generally stating the need to increase voter faith
in the election process. Written-only proponent testimony was
provided by four private citizens.
A representative of the Office of the Secretary of State
testified as neutral.
Opponent testimony was provided by a former
Representative and representatives of the Disability Rights
Center for Kansas, Kansas African American Affairs
Commission, Kansas Appleseed for Law and Justice, League
of Women Voters of Kansas, Loud Light Civic Action,
Mainstream Coalition, and a private citizen. Opponents
generally stated the three-day mail delivery deadline was

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enacted in 2017 in response to mail delivery reliability issues
with the U.S. Postal Service, and that changing the deadline
would disenfranchise thousands of voters. Written-only
opponent testimony was provided by representatives of the
ACLU of Kansas, Kansas County Clerks and Election
Officials Association, Kansas National Education Association,
and 13 private citizens.
The Senate Committee amended the bill to:
● Restrict the number of remote ballot boxes
available in each county by population;
● Tie the use of remote ballot boxes to the hours a
county election office is open;
● Require remote ballot boxes to be monitored or
under video surveillance;
● Require certain signage, record keeping, and
promulgation of rules and regulations related to
remote ballot boxes;
● Change deadlines for voter registration leading up
to an election; and
● Change the number of days available for advance
voting; and
● Make technical amendments.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill
to:
● Remove video surveillance of remote ballot boxes
as an alternative to continuous observation by a
county election office employee;

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 ● Allow remote ballot boxes to be located inside a
state or municipal building with employees present,
or inside any other building while continuously
observed by two authorized poll agents; and
● Define “state or municipal building.”
Fiscal Information
A fiscal note for Senate Sub. for HB 2056 was not
available when the Senate Committee took action on the bill.
According to the fiscal note prepared by the Division of
the Budget on SB 394, as introduced, the Secretary indicated
the bill would have no fiscal effect. The Kansas Association of
Counties indicated enactment of SB 394 could decrease
county election costs because it would reduce the time frame
during which ballots could be accepted, which would reduce
the required staffing hours. The exact costs would vary
depending on how many personnel would be reduced, which
would depend on each county’s population size.
Elections; advanced voting ballots; deadlines; ballot box; monitoring


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Statutes affected:
As introduced: 65-656
S Sub for: 25-1122, 25-1123, 25-1128, 25-1132, 25-2311
{As Amended by Senate Committee of the Whole}: 25-1122, 25-1123, 25-1128, 25-1132, 25-2311