SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2332
As Amended by Senate Committee of the Whole

Brief*
HB 2332, as amended, would create and amend law
concerning addresses maintained for registered voters,
solicitation of advanced voting ballot applications, alteration of
election laws, and the crime of election tampering.

Addresses Maintained for Registered Voters
The bill would require the Secretary of State to maintain
a residential address and mailing address for each registered
voter.
The bill would require the residential address of a
registered voter to correspond to a physical location where
the voter resides and could not be a post office box or other
address that does not correspond to a physical location that
can be occupied.
The mailing address could be the same as the
residential address, but the bill would require it to be recorded
separately from the mailing address.
The bill would require this information to be recorded in
any electronic database of registered voter information
maintained by the Secretary of State that is accessible by
county election officers.

____________________
*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
Solicitation of Advanced Voting Ballot Applications
The bill would require any individual who solicits by mail
a registered voter to file an application for an advance voting
ballot, and in such mailing includes an application for an
advance voting ballot, to include in such mailing:
● The name of the individual or organization causing
such solicitation to be mailed;
● The name of the president, chief executive officer,
or executive director, if an organization;
● The address of such individual or organization; and
● The statement: “Disclosure: This is not a
government mailing. It is from a private individual
or organization.”
The bill would require all such information to be included
on both the exterior of the mailing and on each page
contained within the mailing (except on the application for the
advance voting ballot) in a clear and conspicuous label in 14-
point or larger font.
The bill would require the advance voting ballot
application included in such a mailing to:
● Be the official application for advance voting ballot
by mail provided by the Secretary of State;
● Not have any portion of such application form
completed prior to mailing; and
● Contain an envelope addressed to the appropriate
county election office for the mailing of such
application.


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 The bill would prohibit the person mailing the application
to the voter from directing the completed application be
returned to such person.
The bill would provide a violation of such requirements
would be a class C nonperson misdemeanor.
The bill would exempt from such requirements the
Secretary of State, any election official, county election
offices, and the official protection and advocacy for voting
access system for the State as provided in the Help America
Vote Act of 2002, or any other entity required by federal law to
provide information concerning elections and voting
procedures. [Note: The Disability Rights Center of Kansas is
the designated protection and advocacy system in Kansas.]
Additionally, the bill would prohibit any person not a
resident of Kansas or domiciled in Kansas from mailing or
causing to be mailed an application for an advance voting
ballot. The bill would provide individuals may file a complaint
with the Attorney General alleging a violation of this provision;
such complaint must include the name of the person alleged
to have violated this provision. The bill would require the
Attorney General to investigate any allegations of violations
under this provision and would permit an action to be filed
against any person found to have violated this provision. The
bill would provide any person who violates this provision
would be subject to a civil penalty of $20, and each mailing of
an application for an advance voting ballot would constitute a
separate violation.
These provisions of the bill would go into effect January
1, 2022.

Alteration of Election Laws
The bill would create law to prohibit the Governor, the
Executive Branch, and the Judicial Branch from altering
election laws.
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 The bill would also require approval from the Legislative
Coordinating Council prior to the Secretary of State entering
into consent decrees with any court. The bill would specify
that it could not be construed to limit or otherwise restrict the
judicial power of the state government in the exercise of any
of its constitutional powers.
The bill would contain a severability clause regarding
these provisions.

Election Tampering
The bill would expand the crime of election tampering to
include:
● Changing or attempting to change, alter, destroy, or
conceal any vote cast by paper ballot or computer;
● Changing or attempting to change any vote by
manipulating computer hardware or software,
election machines, wireless or cellular
transmissions, or vote tabulation methods; or
● Knowingly producing false vote totals.
The bill would clarify the crime of election tampering by
making or changing any election record would not include
making or changing any election record by a person who is
lawfully carrying out an election duty.

Background
The Senate Committee on Federal and State Affairs
amended the contents of HB 2183, as passed by the House,
as well as the contents of HB 2339, as passed by the House.
The Committee then adopted amendments to the provisions
of HB 2332 and further amended the bill by inserting the
amended contents of HB 2183 and HB 2339.

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HB 2332 (Soliciting Applications for Advanced Voting
Ballots)
HB 2332 was introduced by Representative Toplikar.
House Committee on Elections
In the House Committee hearing on the bill,
Representative Toplikar testified as a proponent, stating the
bill was introduced to address voter confusion and as a result
of certain voters receiving multiple applications for advance
voting ballots during the 2020 election cycle.
A representative of the Disability Rights Center of
Kansas testified as an opponent, stating the organization is
required by federal law to provide certain information and to
help people register and vote and requested the organization
be exempted from provisions of the bill.
Representatives of the Kansas County Clerks and
Election Officials Association, Loud Light Civic Action Group,
and the Office of the Secretary of State provided neutral
testimony. A representative of the League of Women Voters
of Kansas provided written-only neutral testimony.
The House Committee amended the bill to:
● Exempt from the bill the Secretary of State, any
elected official, county election offices, and the
official protection and advocacy system for the
State designated pursuant to federal law;
● Provide that violations of the provisions requiring
disclosure on mailed solicitations would be a class
C nonperson misdemeanor;
● Prohibit persons not residents of or domiciled in
Kansas from mailing an application for an advance

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 voting ballot and provide any such violation would
result in a $20 civil penalty per violation; and
● Change the effective date of the bill from upon
publication in the statute book to January 1, 2022.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, Representative
Toplikar provided proponent testimony. He stated the bill was
intended to address voter confusion at receiving multiple
advanced voting applications from entities other than election
officials.
A representative of the Office of the Secretary of State
provided neutral testimony. A representative of the Office
noted an increase in solicitations regarding advanced voting
ballots from third parties during the 2020 election cycle.
No other testimony was provided.
The Senate Committee amended the bill to:
● Require the Secretary of State to maintain
residential and mailing addresses for registered
voters in an electronic database;
● Require the advance voting ballot included in such
a mailing to:
○ Be the official application for advance voting
ballot by mail provided by the Secretary of
State;
○ Not have any portion of such application form
completed prior to mailing; and
○ Contain an envelope addressed to the
appropriate county election office for the
mailing of such ballot and not direct the
application be returned to the sender.

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 ● Insert the provisions of HB 2183, as passed by the
House with additional Senate Committee
amendments, regarding alteration of election laws;
and
● Insert the provisions of HB 2339, as amended by
the House Committee of the Whole, with an
additional Senate Committee amendment,
regarding the crime of election tampering.
Senate Committee of the Whole
The Senate Committee of the Whole adopted
amendments to amend language pertaining to the application
process for an advance voting ballot, to clarify that the
residential address of a registered voter shall not be an
address that does not correspond to a physical location that
can be occupied, and to make technical amendments related
to applications for advanced mail ballots.

HB 2183 (Alteration of Election Laws)
HB 2183 was introduced by the House Committee on
Elections at the request of Representative Blake Carpenter.
House Committee on Elections
In the House Committee hearing on February 2, 2021,
Representative Blake Carpenter provided written-only
proponent testimony stating the bill would ensure the power
to alter laws rests solely with the Legislative Branch and
would ensure the Legislative Branch has the ability to “weigh-
in on” legal matters that could impact current laws.
A representative of Loud Light Civic Action Group
provided opponent testimony.


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 The Deputy Assistant Secretary of State for
Communications and Policy provided neutral testimony.
The House Committee amended the bill to remove a
provision to repeal a statute related to the ability of the
Secretary of State to distribute ballots during disasters or
emergencies.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, Representative Blake
Carpenter provided proponent testimony. He stated the bill
was intended to prevent election laws from being changed by
any entity other than the Legislature, in response to issues he
identified during the 2020 elections.
A representative of Loud Light Civic Action Group
provided opponent testimony, indicating concerns about
separation of powers issues related to judicial review and
executive enforcement and resulting potential litigation.
No other testimony was provided.
The Senate Committee amended the bill to include
language specifying the bill would not limit or otherwise
restrict the Judicial Branch in the exercise of its constitutional
powers and a severability clause.

HB 2339 (Election Tampering)
HB 2339 was introduced by Representative Toplikar.
House Committee on Elections
In the House Committee hearing on the bill,
Representative Toplikar provided proponent testimony,
stating the bill would further define the crime of election

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tampering and would help improve voter confidence in the
integrity of Kansas elections.
Written-only opponent testimony was provided by
representatives of the League of Women Voters of Kansas.
Written-only neutral testimony was provided by a
representative of Loud Light Civic Action Group.
The House Committee amended the bill to:
● Prohibit any person from making or changing any
election record, unless such person making or
changing any election record is lawfully carrying
out an election duty;
● Prohibit any person from attempting to destroy any
vote cast by paper ballot, election machine, or
computer; and
● Prohibit any person from changing or attempting to
change any vote by manipulating an election
machine or wireless or cellular transmission.
House Committee of the Whole
The House Committee of the Whole amended the bill to
remove the word “intentionally” before the phrase “producing
false vote totals.”
Senate Committee on Federal and State Affairs
In the Senate Committee Hearing, Representative
Toplikar provided proponent testimony. He stated his belief
that the legislation could help with voter confidence in voting
system integrity.
A representative of Loud Light Civic Action Group
provided neutral testimony, stating concerns about potential

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ambiguities in the wording of the bill, whether the bill was
needed, and potential untended consequences of passing the
bill. No other testimony was provided.
The Senate Committee amended the bill to specify
election tampering would be “knowingly” providing false vote
totals.

Fiscal Information

HB 2332
According to the fiscal note prepared by the Division of
the Budget on HB 2332, as introduced, the Secretary of State
indicates enactment of the bill would have no fiscal effect on
the agency, and the Kansas Association of Counties indicates
enactment of the bill would have no fiscal effect on counties
or county election officers.

HB 2183 (Alteration of Election Laws)
According to the fiscal note prepared by the Division of
the Budget on HB 2183, as introduced, the Office of the
Secretary of State indicates enactment of the bill would have
no fiscal effect on the agency.

HB 2339 (Election Tampering)
According to the fiscal note prepared by the Division of
the Budget on HB 2339, as introduced, the Secretary of State
indicates enactment of the bill would have no fiscal effect on
the agency. The Kansas Association of Counties indicates
enactment of the bill would be unlikely to have any fiscal
effect on Kansas counties.
Advanced voting ballots; election laws; Secretary of State; election tampering

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Statutes affected:
As introduced: 25-1122
As Amended by House Committee: 25-1122
As Amended by Senate Committee: 25-1122, 25-2423
{As Amended by Senate Committee of the Whole}: 25-1122, 25-2423
Enrolled: 25-1122, 25-2423, 73-213, 73-214, 73-215, 73-218, 73-219