SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2087
As Recommended by House Committee on
Elections

Brief*
HB 2087 would amend law regarding the selection of
presidential electors, the day presidential electors meet and
perform their required duties, and contests to the election of
the presidential electors. This would update Kansas statute to
reflect new federal law, the Electoral Count Reform and
Presidential Transition Improvement Act (Electoral Count Act).
The bill would also repeal statutes related to presidential
electors and political parties that are no longer in current
practice.

Selection of Presidential Electors (Sections 1, 2, and 4)
The bill would require recognized political parties to
adopt procedures for the party’s selection of presidential
electors and select electors in accordance with such
procedures. [Note: Current state law provides for presidential
electors to be nominated in the same manner as candidates
for office.]
The bill would also provide the procedures for certifying
the names of presidential electors to the Secretary of State
(Secretary):
● For a political party with a state organization, the
names of the presidential electors would be
certified to the Secretary by the chairperson of the
state political party;
____________________
*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
 ● For a political party that does not have a state
organization, the names of the presidential electors
would be certified to the Secretary by the
chairperson of the national political party; and
● For an independent presidential candidate, the
names of the presidential electors would be
certified to the Secretary by the candidate.
The bill would require the names of the presidential
electors to be certified to the Secretary by September 1st in a
presidential election year. The Secretary would provide each
elector a certificate on or before the first Wednesday in
December.

Electoral College Meeting Day (Section 3)
The bill would change the day presidential electors
convene at the state capital and perform their duties from the
first Monday after the second Wednesday in December after
their election to the first Tuesday after the second
Wednesday in December after their election.

Contesting the Election of a Presidential
Elector (Section 5)
The bill would require any contest to the election of
presidential electors to be made in accordance with federal
law (3 U.S.C. § 5).

Background
The bill was introduced by the House Committee on
Elections at the request of a representative of the Secretary
of State.


2- 2087
House Committee on Elections
In the House Committee hearing, a representative of the
Secretary of State provided proponent testimony, stating the
bill would make Kansas law consistent with the federal
Electoral Count Act and provide clarity about selection of
presidential electors from political parties without a state
organization and independent candidates.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, both the Secretary of State and the
Kansas Association of Counties indicate the bill would have
no fiscal effect.
Elections; presidential electors; presidential election; political party; Secretary of
State


3- 2087


Statutes affected:
As introduced: 25-803, 25-301, 25-801, 25-802, 25-804, 25-1435
Enrolled - Law effective July 1, 2023: 25-301, 25-801, 25-802, 25-804, 25-1435, 25-803
Enrolled: 25-301, 25-801, 25-802, 25-804, 25-1435, 25-803