REVISED
SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2486
As Amended by House Committee on Elections

Brief*
HB 2486, as amended, would provide for the use of
electronic poll books in elections; authorize the Secretary of
State to review, approve, and adopt rules and regulations
regarding the use of such electronic poll books; prohibit
voting systems from having the capability of connecting to the
internet or other network; create the crime of electronic poll
book fraud; and amend requirements related to the testing of
election equipment.

Electronic Poll Books
Definition
The bill would define “electronic poll book” as a list of
registered voters for a particular precinct or polling location
that may be transported to a polling location and on which
each voter may sign their signature. The bill would clarify
“electronic poll book” would not include automatic tabulating
equipment or data processing equipment, including a direct
recording electronic system, that are components of an
electronic or electromechanical voting system.
Secretary of State Responsibilities
The bill would require the Secretary of State (Secretary)
to examine and approve the kinds or makes of electronic poll
books; no kind or make of electronic poll book would be
____________________
*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
permitted to be used at any election until it receives
certification by the Secretary.
The bill would authorize the Secretary to adopt rules and
regulations for the use of electronic poll books to process
voters at polling places.
Board of County Commissioners and County Election Officer
Provisions
The bill would permit a board of county commissioners
(board) and county election officer (officer) to provide
electronic poll books to be used at voting places, or for
advance voting, at national, state, county, township, city, and
school primary and general elections and in question
submitted elections. Such board and officer would be
permitted to issue bonds to finance and pay for the purchase,
lease, or rental of such electronic poll books. Such board and
officer would be permitted to adopt, experiment, or abandon
any electronic poll book authorized for use in the state. If the
Secretary rescinds approval of any electronic poll book, the
board and officer would be required to abandon such
electronic poll book until changes required by the Secretary
are made; if such changes cannot be made, the
abandonment would be permanent.
Prohibitions
The bill would prohibit, beginning July 1, 2022, the board
and officer from purchasing, leasing, or renting any electronic
poll book, unless such poll book has been certified by the
Secretary. The bill would also prohibit the operation of any
electronic poll book with network connectivity that does not
meet security standards established by the Secretary.
Sale of Electronic Poll Books
The bill would permit any person, firm, or corporation
that desires to sell electronic poll books to political
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subdivisions in the state to request in writing for the Secretary
to examine such poll books. The bill would require any such
written request to include a certified check for $250 to defray
costs for the Secretary to provide the examination. [Note:
Such examination would follow the guidelines for examination
of electronic or electromechanical voting systems currently in
KSA 25-4405.]

Electronic or Electromechanical Voting Systems
The bill would require that any electronic or
electromagnetic voting system approved by the Secretary
shall not have the capability, or any component thereof shall
not have the capability of, connecting to the internet or any
other communications or computer network. The bill would
specify such networks include, but are not limited to, a local
area network, wireless network, cellular network or satellite
network, or the use of bluetooth or any other wireless
communications technology.

Use of Electronic Poll Books and Electronic or
Electromechanical Voting Systems
The bill would require the board and officer to provide
the number of units of electronic or electromechanical voting
systems or electronic poll books as necessary to equip voting
places, if such board and officer have determined a kind or
make of such voting systems or poll books shall be used in
the county.
If the Secretary has rescinded the approval of any
electronic poll book, the bill would prohibit any tax from being
levied, or any moneys being paid from any fund, for the
purchase, lease, or rent or such poll book. [Note: This
prohibition exists in KSA 25-4407 for electronic or
electromechanical voting systems.]


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 The bill would require the board to provide for the
storage of such electronic poll books, and would require the
officer to be in complete charge of the safekeeping, repair,
and delivery of such poll books. The bill would require the
officer to see that such poll books are returned to their
storage after any election. [Note: These requirements
currently exist in KSA 25-4408 for electronic or
electromechanical voting systems.]

Electronic Poll Book Fraud
The bill would expand the current crime of electronic or
electromechanical voting system fraud to include electronic
poll book fraud, which would constitute:
● Being in unlawful or unauthorized possession of
electronic poll books; or
● Intentionally tampering with, altering, disarranging,
defacing, impairing, or destroying any electronic
poll book, or component thereof.
Electronic poll book fraud would be a severity level 9,
nonperson felony.

Testing of Election Equipment
Current law requires officers to have testing conducted
of automatic tabulating equipment and optical scanning
equipment within five days prior to the date of an election.
The bill would require public notice of such test to be publish
on the county website, if the county has a website.
The bill would amend current law requiring such testing
to be repeated after the completion of the canvass to require
such repeat testing to be conducted within five business days
after the completion of the canvass.

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Optical Scanning Equipment
The bill would prohibit any optical scanning equipment
and systems using optical scanning equipment approved by
the Secretary from having the capability of, or any component
having the capability of, being connected to the internet or
any ofter communications or computer network, including a
local area network, wireless network, cellular network,
satellite network, or use bluetooth or any other wireless
communications technology.

Background
The bill was introduced by the House Committee on
Elections at the request of Representatives Ellis and Proctor.

House Committee on Elections
In the House Committee hearing, Representative
Proctor and representatives of Loud Light Civic Action and
the Office of the Secretary of State provided proponent
testimony, generally stating the need for the Secretary to
regulate and certify electronic poll books.
A representative of the Kansas County Clerks and
Election Officials Association who is also the Harvey County
Clerk provided neutral testimony.
Written-only opponent testimony was provided by a
representative of Health Forward Foundation
The House Committee amended the bill to remove
provisions requiring election judges to ensure electronic or
electronic mechanical voting systems are not connected to
the internet or any other communications network.


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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of the
Secretary of State indicates enactment of the bill would
require local law enforcement and county prosecutors to
investigate and prosecute electronic poll book fraud, and that
it is unclear if there would be any fiscal effect for those
entities. The Kansas Association of Counties indicates a
county’s cost to purchase equipment required by the bill could
be significant, but would depend on the population of the
county and how much equipment is needed. Any fiscal effect
associated with the bill is not reflected in The FY 2023
Governor’s Budget Report.
Elections; electronic poll books; voting systems; Secretary of State


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Statutes affected:
As introduced: 25-4401, 25-4402, 25-4403, 25-4404, 25-4405, 25-4406, 25-4407, 25-4408, 25-4409, 25-4411, 25-4414, 25-4415, 25-4610, 25-4613
As Amended by House Committee: 25-4401, 25-4402, 25-4403, 25-4404, 25-4405, 25-4406, 25-4407, 25-4408, 25-4409, 25-4411, 25-4414, 25-4415, 25-4610, 25-4613