25-2908. Use of registration book and poll book or registration book at polling place; identification of voters; signature of voter; ballot numbered and given to voter; name of voter not in book; chal
25-2908
25-2908. Use of registration book and poll book orregistration book atpolling place; identification of voters; signature of voter; ballot numberedand given to voter; name of voter not in book; challenge of votes; first-timevoter.(a) Each polling place shall use either: (1) A registration book and a pollbook, as defined in K.S.A. 25-2507(a) and K.S.A. 25-2507(b)(1), and amendmentsthereto; or (2) a registration book, as defined in K.S.A. 25-2507(b)(2), andamendments thereto. The county election officer shall determine which booksare used in each county, and which book voters shall sign.
(b) A person desiring to vote shall provide to the election board:(1) the voter's name; (2) if required, the voter's address; and (3) the voter'ssignature on the registration or poll book. A signature may be made by mark,initials, typewriter, print, stamp, symbol or any other manner if by placingthe signature on the document the person intends the signature to be binding. Asignature may be made by another person at the voter's direction if thesignature reflects such voter's intention.
(c) A member of the election board shall:
(1) Announce the voter's name in a loud and distinct toneof voice, and, if the name is in the registration books, themember of the election board having the registration recordshall repeat the name;
(2) request the voter's signature on the registration or poll book;
(3) provide the required signature at the request of and onbehalf of any voter who is unable to personally affix asignature by reason of temporaryillness or disability, or lack of proficiency inreading the English language;
(4) if the voter is a first-time voter as described insubsection (h) of this section, request valid identificationfrom the voter unless such voter has previously submitted current and valididentification in the county where registered;
(5) give the voter one ballot, on the upper right-hand cornerof which shall be written the number corresponding to thevoter's number in the registration book or poll book; and
(6) mark the voter's name in the registration book and partyaffiliation list.
(d) A first-time voter shall provide to the election board aform of valid identification such as a current and validKansas driver's license, nondriver's identification card,utility bill, bank statement, paycheck, government check orother government document unless such voter has previously submitted currentand valid identification in the county where registered. The documentprovided in accordance with this section shall contain the voter'scurrent name and address as indicated on the registration book or poll book.
(e) If a first-time voter is unable or refuses to providecurrent and valid identification at the polling place, or if thename and address do not match the voter's name andaddress on the registration book or poll book, the voter mayvote a provisional ballot according to K.S.A. 25-409, andamendments thereto. The voter shall provide a valid formof identification as defined in subsection (d) of this sectionto the county election officer in person or provide a copy bymail or electronic means before the meeting of the countyboard of canvassers. At the meeting of the county board ofcanvassers the county election officer shall present copiesof identification received from provisional voters and thecorresponding provisional ballots. If the county board ofcanvassers determines that a voter's identification is valid andthe provisional ballot was properly cast, the ballot shall be counted.
(f) If the name of anyperson desiring to vote at an election is not in the registrationbooks, an election board member shall print the name and address of theperson appearing to vote in the registration book or poll book. The personappearing to vote shall add such person's signature to the registration book orpoll book beside such person's printed name, as listed in the registration bookor poll book, and the election board judge shall challenge such person's votepursuant to K.S.A. 25-414, and amendments thereto. During the pendency ofa challenge other voters shall be givenballots and be permitted to vote.
(g) A voter who has received an advance voting ballot mayvote a provisional ballot on election day at the precinct polling place wherethe voter resides. If the voter returns the advance voting ballot to a judge orclerk at the precinct polling place, the judge or clerk shall void such advancevoting ballot. Any such provisional ballot shall be counted only if the countyboard of canvassers determines that the provisional ballot was properly castand the voter has not otherwise voted at such election.
(h) For the purposes of this section, "first-time voter"means a registered voter who has not previously voted in any election in thecounty in which the voter desires to vote. First-time voterincludes a person whose name wasremoved from the county registration list in accordancewith K.S.A. 25-2316c, and amendments thereto, and has re-registered.
(i) The secretary of state may adopt rules and regulationsdefining valid forms of identification.
History: L. 1893, ch. 78, § 21; L. 1897, ch. 129, § 21; L. 1901,ch. 177, §9; R.S. 1923, 25-415; L. 1968, ch. 406, § 101; L. 1982, ch. 155, § 2;L. 1994, ch. 190, § 2;L. 1997, ch. 124, § 6;L. 2003, ch. 112, § 2;L. 2004, ch. 93, § 6; July 1.