SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 221
As Amended by House Committee on Elections

Brief*
SB 221, as amended, would amend procedures for
write-in candidates for certain elected offices.

Affidavit for Write-in Candidacy
Current law requires a write-in candidate for the office of
President, Vice President, Governor, Lieutenant Governor, or
any other statewide elected office to submit an affidavit of
write-in candidacy to the Secretary of State (Secretary) by
12:00 noon on the second Monday preceding the general
election for such office. The bill would change the deadline
applicable to these offices to 12:00 noon on the fourth
Monday preceding the general election for such office.
The bill would expand the provision to require an
affidavit for write-in candidacy to be filed with the Secretary
for an individual wishing to run as a write-in candidate for the
State House of Representatives, State Senate, or the State
Board of Education. The bill would require the write-in
candidacy affidavit to be submitted not later than 12:00 noon
on the fourth Monday preceding the election at which the
write-in candidate seeks nomination or election.
The bill would add a requirement for any individual
wishing to run as a write-in candidate for district judge, district
magistrate judge, district attorney, any county officer, or any
city officer of a city of the first class to file an affidavit of write-
in candidacy with the appropriate county election office not
____________________
*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
later than 12:00 noon on the fourth Monday preceding the
election at which the write-in candidate seeks nomination or
election.

Ballots
The bill would remove a provision in statute that states
failure to make a cross or check mark in the square to the left
of the write-in candidate name would not invalidate that
portion of the ballot unless it is impossible to determine the
voter’s intention. The removal of this provision would mean
the voter must mark the square by the write-in vote in order
for the vote to be counted.

Board of Canvassers
The bill would prohibit the Board of Canvassers from
counting write-in votes for a candidate for the State House of
Representatives, State Senate, State Board of Education,
district judge, district magistrate judge, district attorney, any
county officer, or any city officer of a city of the first class
unless the candidate has filed an affidavit of candidacy.
The bill would also make technical amendments to
ensure consistency in statutory phrasing.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Thompson.
[Note: Provisions of the bill as amended regarding
deadlines for filing an affidavit of candidacy are similar to
those in HB 2086.]


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Senate Committee on Federal and State Affairs
In the Senate Committee hearing, proponent testimony
was provided by a representative of the Secretary, who stated
the bill would reduce the workload on county election office
staff by expanding the offices that require an affidavit of write-
in candidacy. Currently, county election officials are required
to count and record every write-in vote for nearly all
candidates.
Written-only proponent testimony was provided by
representatives of the Kansas County Clerks and Election
Officials Association and the Shawnee County Election
Office.
Written-only neutral testimony was provided by a private
citizen.
No other testimony was provided.
The Senate Committee amended the bill to specify that
individuals filing for write-in candidacy for the State House of
Representatives, State Senate, or the State Board of
Education would be required to submit the affidavit of write-in
candidacy no earlier than 30 days before and no later than 21
days before the relevant election, rather than by noon on the
second Monday before the election. The Committee also
amended the bill to remove a provision that would have
provided blank lines for write-in candidates on primary city
election ballots for offices of cities of the first class.


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House Committee on Elections
In the House Committee hearing, a representative of the
Secretary provided proponent testimony, stating the bill
would reduce the workload on county election office staff by
expanding the offices that require an affidavit of write-in
candidacy. Written-only proponent testimony was provided a
representative of the Kansas County Clerks and Election
Officials Association.
No other testimony was provided.
The House Committee amended the bill to change the
deadline for filing an affidavit of write-in candidacy to the
fourth Monday preceding the relevant election. This deadline
would apply to the offices of Governor and Lieutenant
Governor, President and Vice President, state offices elected
on a statewide basis, State House of Representatives, State
Senate, State Board of Education, district judge, district
magistrate judge, district attorney, any county officer, and any
city officer of a city of the first class.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of the
Secretary indicates it would use existing resources to provide
training and update manuals for county election officials;
update the agency’s website; update public documents and
information; and work with media, political parties,
candidates, and the public to ensure knowledge of the new
requirements that must be followed to be a write-in candidate
for selected offices. Any fiscal effect associated with the bill is
not reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties indicates the bill
could have a fiscal effect on counties’ labor costs depending
on the number of affidavits filed with the county election

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offices; however, the Association is unable to estimate the
fiscal effect.
Elections; write-in candidates; affidavits; ballots; Secretary of State


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Statutes affected:
As introduced: 25-305b, 25-305, 25-2116, 25-2903, 25-3002, 25-2908
As Amended by Senate Committee: 25-305b, 25-305, 25-2116, 25-2903, 25-3002, 25-2908
As Amended by House Committee: 25-305b, 25-305, 25-2116, 25-2903, 25-3002, 25-2908
Enrolled: 25-222, 25-305b, 25-1709, 25-1710, 25-2601, 25-305, 25-2903, 25-3002, 10-120, 15-809, 19-303, 19-804, 19-3419, 19-3422, 19-3424, 19-3439, 25-105, 25-203, 25-208a, 25-308, 25-211, 25-213, 25-303, 25-321, 25-432, 12-17, 12-521, 25-433, 25-2316c, 25-604, 25-901, 25-4101, 25-1115, 25-1122, 25-1214, 25-1903, 25-2005, 25-2008, 25-2018, 25-2021, 25-21a02, 25-2310, 25-2502, 25-2507, 25-26a03, 25-2702, 25-2704, 25-2705, 25-2706, 25-2805, 25-2812, 39-923, 25-2905, 25-3005, 25-3009, 25-3104, 25-3107, 25-1132, 25-3201, 25-3301, 25-3303, 25-3304, 25-3801, 25-4004, 25-4006, 25-4005, 25-4148d, 25-4143, 25-4322, 25-4414, 25-4612, 25-4703, 25-4709, 71-1415
{As Amended by House Committee of the Whole}: 25-222, 25-305b, 25-1709, 25-1710, 25-2601, 25-305, 25-2903, 25-3002, 10-120, 15-809, 19-303, 19-804, 19-3419, 19-3422, 19-3424, 19-3439, 25-105, 25-203, 25-208a, 25-308, 25-211, 25-213, 25-303, 25-321, 25-432, 12-17, 12-521, 25-433, 25-2316c, 25-604, 25-901, 25-4101, 25-1115, 25-1122, 25-1214, 25-1903, 25-2005, 25-2008, 25-2018, 25-2021, 25-21a02, 25-2310, 25-2502, 25-2507, 25-26a03, 25-2702, 25-2704, 25-2705, 25-2706, 25-2805, 25-2812, 39-923, 25-2905, 25-3005, 25-3009, 25-3104, 25-3107, 25-1132, 25-3201, 25-3301, 25-3303, 25-3304, 25-3801, 25-4004, 25-4006, 25-4005, 25-4148d, 25-4143, 25-4322, 25-4414, 25-4612, 25-4703, 25-4709, 71-1415