SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2183
As Amended by Senate Committee of the Whole

Brief*
Senate Sub. for HB 2183, as amended, would amend
and create law pertaining to elections and voting, including
advance mail ballots, registered voter information reporting,
assistance with the return of advance ballots, advance ballot
return deadlines, the authority of the Secretary of State,
duties of election officials, electioneering, and election
funding. The bill would also create the crime of false
representation of an election official.
The bill would also make technical amendments.

Alteration of Advance Mail Ballot Postmark
The bill would amend election law to make it unlawful for
any person to knowingly backdate or otherwise alter a
postmark or other official indication of the date of mailing of
an advance mail ballot if the intent is to make the mailing date
appear different from the actual date of mailing by the voter or
voter’s designee. A violation would carry the same criminal
penalty as other violations concerning advanced voting, a
level 9 nonperson felony.

Signature Matching on Advanced Ballots
The bill would prohibit a county election officer from
accepting an advance voting ballot transmitted by mail unless
____________________
*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
they first verify the signature on an advance voting ballot
envelope matches the signature on file in the county voter
registration records. If the signature of a person on the
advance voting ballot envelope did not match the signature
on file, the ballot would not be counted. Verification could
occur by electronic device or human inspection.
The bill would specify that such verification would not be
required if the voter has a disability that prevents them from
signing the ballot.

Authority to Extend Advance Mail Ballot Deadline
The bill would remove the authority of the Secretary of
State (Secretary) to extend the deadline for receiving
advance mail ballots. Under current law, the deadline for a
county election office to receive advance voting ballots is the
last mail delivery on the third day following an election, unless
extended by the Secretary.

False Representation of an Election Official
The bill would create the crime of false representation of
an election official, defined as engaging in any of the
following by phone, mail, email, website, or other online
activity or other means of communication while not holding a
position as an election official:
● Representing oneself as an election official;
● Engaging in conduct that gives the appearance of
being an election official; or
● Engaging in conduct that would cause another
person to believe a person engaging in such
conduct is an election official.
The bill would define an “election official” to mean the
Secretary, any employee of the Secretary, any county
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election commissioner or county clerk, any employee of any
county election commissioner or county clerk, or any other
person employed by a county election office.
False representation of an election official would be a
level 7 nonperson felony.

Registered Voter Reporting Requirements
The bill would direct the Secretary to publish the
following information on the official website of the Secretary
each month:
● The total number of registered voters in each
county;
● The total number of registered voters in each
county who have been identified by the county
election office as having mail that is undeliverable
and the number of such voters as a percentage of
all registered voters in the county; and
● The total number of registered voters for each
political party.
The bill would require the Secretary, on the 20th day prior
to any election, to publish on the official website of the
Secretary, the total number of registered voters in each voting
precinct, including the total number of such registered voters
affiliated with each political party on the official website of the
Secretary.

Delivering or Assisting with Advance Voting Ballots
The bill would prohibit any person from delivering an
advance voting ballot on behalf of another person, unless the
person submits an accompanying written statement at the
time of delivery, signed by both the voter and the person
delivering the ballot. The bill would specify that only the
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person delivering such ballot could deliver the written
statement.
The bill would require the statement to be on a form
established by the Secretary containing:
● A sworn statement from the person delivering the
ballot affirming they have not exercised undue
influence on the voting decision of the voter, nor
delivered more than five advance voting ballots on
behalf of other persons during the election; and
● A sworn statement by the voter affirming the
authorization of the person to deliver the ballot, and
the person has not exercised undue influence on
the voting decision of the voter.
The bill would prohibit:
● A candidate for office from delivering an advance
voting ballot on behalf of another voter unless it is
on behalf of an immediate family member; and
● An individual from delivering more than five
advance voting ballots on behalf of other voters
during an election.
Each person would be prohibited from delivering more
than five advance voting ballots on behalf of others during an
election.
A violation of these provisions would be a level 9
nonperson felony.
The bill would prohibit a candidate for office from
assisting any voter in marking an advance ballot or signing an
advance ballot form, except it would not be a violation for the
Secretary, an election official, or county election office to
assist a voter while in the performance of the duties of such

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office. A violation of this provision would be a class C
misdemeanor.

Electioneering
The bill would expand the definition of electioneering in
continuing law to include a candidate:
● Touching or handling a voter’s ballot during the
voting process;
● Distributing or counting ballots;
● Hindering or obstructing a voter from voting,
entering, or leaving a polling place; or
● Hindering or obstructing an election board worker
from performing election duties.
The new electioneering provisions would not apply to
the Secretary, an election official, or county election office.
Under continuing law, electioneering is a class C
misdemeanor.

Transparency in Revenues Underwriting Act
The bill would create the Transparency in Revenues
Underwriting Act (Act), prohibiting election officials from
knowingly accepting moneys, directly or indirectly, for any
expenditures related to conducting, funding, or facilitating
election administration.
The bill would not apply to:
● Acts of appropriation;
● Any moneys collected by an election official from
the payment of fees or assessed costs;
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 ● Any monetary campaign contributions for any
candidate for the office of county clerk; or
● Moneys otherwise provided by law.
A violation of the Act would be a level 9 nonperson
felony.

Background
The Senate Committee on Federal and State Affairs
removed the contents of HB 2183, as amended by the House
Committee on Elections, and inserted the provisions of SB
11, SB 35, SB 292, and SB 293, all as introduced. The
Senate Committee amended the bill to add provisions
regarding signature matching and advance ballot marking
and recommended a substitute bill.
[Note: The Senate Committee reconsidered its action on
the substitute bill and restored language in current law
pertaining to the number of days before an election an
individual can submit an advance voting ballot to the county
election officer.]
The Senate Committee of the Whole amended the bill
by adding provisions that would:
● Create the crime of false representation of an
election official, and
● Require the Secretary to report certain information
about registered voters both each month and on
the 20th day before any election.
HB 2183, as amended by the House Committee, would
have created law to prohibit the Governor, Executive Branch,
and the Judicial Branch from altering election laws. [Note:
The contents of HB 2183, as amended by the House
Committee, were not retained by the Senate Committee in

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HB 2183; however, those previous contents were amended
by the Senate Committee and included in HB 2332, as
recommended by the Senate Committee.]

Fiscal information
No fiscal information was available on the provisions
added by the Senate Committee of the Whole.

SB 11 (Alteration of Advance Mail Ballot Postmark)
SB 11 was prefiled for introduction by Senators
Hilderbrand, Baumgardner, Claeys, Erickson, Fagg, Kloos,
Peck, Steffen, Straub, Thompson, and Wilborn.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, Senator Hilderbrand
provided proponent testimony, indicating the bill would help
ensure the integrity of elections in Kansas.
No other testimony was provided.
The Senate Committee amended the bill to change the
period during which an advance voting ballot could be
returned. [Note: The Senate Committee removed this
amendment from Sub. for HB 2183.]
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 11, the Kansas Association of Counties
(KAC) indicates enactment of the bill would have no fiscal
effect on the counties, as postal crimes would likely be
prosecuted at the federal level. The Secretary indicates
enactment of the bill would have no fiscal effect on the
agency budget.

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SB 35 (Authority to Extend Advance Mail Ballot Deadline)
SB 35 was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Hilderbrand.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, Senator Hilderbrand
provided proponent testimony on the bill, stating one person
should not have unilateral ability to change the due date of an
election. Written-only proponent testimony was provided by
four private citizens, who indicated the bill was an
improvement to election integrity in the state.
Neutral testimony was provided by a representative of
the Secretary, indicating concern with current law that grants
the Secretary unrestricted discretion on extending the receipt
date for advance ballots returned by mail.
A representative of the American Civil Liberties Union of
Kansas testified as an opponent of the bill, stating the bill
diminishes public trust in elections and is an act of voter
suppression.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 35, the provisions of the bill would have no
fiscal impact on the Office of the Secretary of State. The
Kansas Association of Counties indicates it is unable to
speculate whether enactment of the bill would have any fiscal
effect on Kansas counties.


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SB 292 (Delivering or Assisting with Advance Voting
Ballots)
SB 292 was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Alley on
behalf of Opportunity Solutions Project.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, a representative of
Opportunity Solutions Project provided proponent testimony,
indicating the bill would make assisting a non-disabled voter
with delivering an advance voting ballot a crime unless
certain requirements are followed, and the requirements
would provide additional accountability and require the clear
indication of a voter’s consent.
Representatives of Loud Light Civic Action and the
Mainstream Coalition provided opponent testimony,
indicating the bill would restrict voting access, would
criminalize Kansans trying to help their neighbors vote, and
would be a broad action taken without a justifiable reason.
Written-only opponent testimony was provided by
representatives of the Disability Rights Center of Kansas, the
Kansas Appleseed Center for Law and Justice, Kansas
Interfaith Action, and NAACP Kansas State Conference; a
former Johnson County Election Commissioner; and two
private citizens.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 292, the Secretary indicates enactment of
the bill would have no fiscal effect on the agency. The Office
of Judicial Administration (OJA) indicates enactment of the bill
could increase the number of cases filed in district courts
because it creates a new crime. This would increase the time
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spent by district court judicial and nonjudicial personnel in
processing, researching, and hearing cases. Since the crime
carries a severity level 9 nonperson felony penalty, there
could also be more supervision of offenders required to be
performed by court services officers. In addition, enactment of
the bill could result in the collection of additional docket fees,
supervision fees, and fines assessed in those cases filed
under the provisions of the bill; however, a fiscal effect for the
Judicial Branch cannot be estimated. Any fiscal effect
associated with the bill is not reflected in The FY 2022
Governor’s Budget Report.

SB 293 (Transparency in Revenues Underwriting Act)
SB 293 was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Alley on
behalf of Opportunity Solutions Project.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, a representative of
Opportunity Solutions Project provided proponent testimony,
indicating third-party entities have provided grant funding in
past elections with conditions placed on the funding, and the
practice creates public distrust in the election process.
A representative of Loud Light Civic Action provided
opponent testimony, indicating grants for public services are
commonplace, and restricting funding would necessitate state
support to ensure adequate funding of elections. The
conferee further stated the Kansas Legislative Division of
Post Audit is currently auditing grant funds received by local
election officials, and recommended the Legislature wait until
the audit is finished before acting. A representative of NAACP
Kansas State Conference provided written-only opponent
testimony.
No other testimony was provided.

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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 293, the OJA indicates enactment of the bill
could increase the number of cases filed in district courts
because it creates a new crime. This would increase the time
spent by district court judicial and nonjudicial personnel in
processing, researching, and hearing cases. Since the crime
carries a severity level 9 nonperson felony penalty, there
could also be more supervision of offenders required to be
performed by court services officers. In addition, enactment of
the bill could result in the collection of additional docket fees,
supervision fees, and fines assessed in those cases filed
under the provisions of the bill; however, a fiscal effect for the
Judicial Branch cannot be estimated.
According to the Office of the Secretary of State,
enactment of the bill would have no fiscal effect on the
agency. The Kansas Association of Counties indicates
enactment of the bill could have a fiscal effect on counties.
During the COVID-19 pandemic, elections officials received
some funds to help prepare polling sites for social distancing
and to provide personal protective equipment and sanitizing
equipment. These funds were not included in the
appropriated budget and under the provisions of the bill could
not have been received or expended by the counties.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Secretary of State; registered voter information; false representation of an election
official


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Statutes affected:
As introduced: 25-622
As Amended by House Committee: 25-622
S Sub for: 25-1124, 25-1128, 25-1132, 25-2430, 25-608
{As Amended by Senate Committee of the Whole}: 25-1124, 25-1128, 25-1132, 25-2430, 25-608
Enrolled: 25-1124, 25-1128, 25-1132, 25-2430, 25-608