Kan. Admin. Regs. § 7-36-7

Current through Register Vol. 43, No. 14, April 4, 2024

Section 7-36-7 - Processing advance voting ballot applications

This regulation shall govern the processing of each application for an advance voting ballot received by a county election officer if the applicant is registered to vote in that election officer's county and wants to receive the ballot by mail.

(a) If the application does not contain sufficient information or if the information is illegible, the county election officer shall contact the applicant by any reasonable means to obtain the information no later than the Tuesday before the primary or general election.

(b) If the application is not signed or the signature on the application is not consistent with the applicant's signature on the official voter registration list, the election officer shall comply with the procedures specified in K.A.R. 7-36-9.

(c) If the application

(1) does not contain the number of the applicant's current and valid Kansas driver's license number or non-driver's identification card number,

(2) does not contain a photocopy of any other identification specified in K.S.A. 25-2908, and amendments thereto, or

(3) if the Kansas driver's license number or nondriver's identification card number or photocopy is illegible, the county election officer shall attempt to contact the applicant no later than the Tuesday before the primary or general election to obtain the missing or illegible information. The county election officer shall provide the applicant with the information required by K.S.A. 25-1122(e)(2), and amendments thereto.

(d) If the county election officer obtains the necessary identification number or photocopy and the identification number or photocopy is consistent with the voter registration list on or before the Tuesday before the primary or general election, the county election officer shall issue a regular advance voting ballot.

(e) If an applicant submits a photocopy of the qualifying photographic identification document and the document contains information that is illegible or inconsistent with the information on the voter registration list, the county election officer shall attempt to contact the applicant by any reasonable means to confirm that the applicant intended to apply for an advance voting ballot and shall attempt to obtain a satisfactory photocopy of the qualifying photographic identification document.

(f) If on the Tuesday before the primary or general election the information, signature, or photocopy provided remains incomplete or inconsistent with the voter registration list, the county election officer shall issue a provisional advance voting ballot.

(g) The county election officer shall present each provisional advance voting ballot to the county board of canvassers for a determination of validity. If the voter provided additional information, an updated signature, or an additional photocopy upon request by the county election officer and if the information, signature, or photocopy is consistent with the voter registration list, the ballot shall be counted unless the county board of canvassers determines the ballot is invalid for another reason. If the voter did not provide additional information, an updated signature, or an additional photocopy upon request by the county election officer or if the information, signature, or photocopy is inconsistent with the information on the voter registration list, the ballot shall not be counted.

Kan. Admin. Regs. § 7-36-7

Authorized by K.S.A. 25-1122 and K.S.A. 25-1131; implementing K.S.A. 25-1122, K.S.A. 25-1123, and K.S.A. 2022 Supp. 25-1124; effective Feb. 24, 2012; amended, T-7-5-26-22, May 26, 2022; amended Sept. 23, 2022; amended by Kansas Register Volume 42, No. 39; effective 10/13/2023.