25-3002. Rules for canvassers; validity of ballots or parts thereof.
25-3002
25-3002. Rules for canvassers; validity of ballotsor parts thereof.(a) The rules prescribed in this section shall apply to:
(1) The original canvass by election boards.
(2) Intermediate and final canvasses by county boards of canvassers.
(3) Final canvass by the state board of canvassers.
(4) All election contests.
(5) All other officers canvassing or having a part in the canvass of anyelection.
(b) Rules for canvassers:
(1) No ballot, or any portion thereof, shall be invalidated by any technicalerror unless it is impossible to determine the voter's intention. Determinationof the voter's intention shall rest in the discretion of theboard canvassing in the case of a canvass and in the election court in thecase of an election contest.
(2) The occurrences listed in this subpart (2) shall not invalidate thewhole ballot but shall invalidate that portion, and that portion only, in whichthe occurrence appears. The votes on such portion of the ballot shall not becounted for any candidate listed or written in such portion, but the remainderof the votes in other portions of the ballot shall be counted. The occurrencesto which this subpart (2) shall apply are:
(A) Whenever a voting mark shall be made in the square at the left of thename of more than one candidate for the same office, except when the ballotinstructs that more than one candidate is to be voted.
(B) Whenever a voting mark is placed in the square at the left of a spacewhere no candidate is listed.
(3) When a registered voter has cast a provisional ballot intended for aprecinct other than the precinct inwhich the voter resides but located within the same county, the canvassersshall count the votes for those offices or issues which are identical in bothprecincts. The canvassers shall not count the votes for those offices or issueswhich differ from the offices or issues appearing on the ballot used in theprecinct in which the voter resides.
(4) A write-in vote for those candidates for the offices ofgovernor andlieutenant governor shall not be counted unless the pair of candidates havefiled an affidavit of candidacy pursuant to K.S.A. 25-305 and amendmentsthereto, and:
(A) Both candidates' names are written on the ballot; or
(B) only the name of the candidate for governor is writtenon the ballot.
(5) A write-in vote for those candidates for the offices ofpresident and vice-president shall not be counted unless the pair of candidateshave filed an affidavit of candidacy pursuant to K.S.A. 25-305 and amendmentsthereto, and:
(A) Both candidates' names are written on the ballot; or
(B) only the name of the candidate for president is writtenon the ballot.
(6) A write-in vote for candidates for state officeselected on astatewide basis other than offices subject toparagraph (4) shall not becounted unless the candidate has filed an affidavit of candidacy pursuant toK.S.A. 25-305, and amendments thereto.
(7) Any advance voting or mail ballot whose envelopecontaining the voter's written declaration is unsigned, shall be wholly voidand no vote thereon shall be counted.
(8) No ballot cast by a first-time voter as defined by K.S.A. 25-1122, andamendments thereto, or K.S.A. 25-2908, and amendments thereto, shall becounted if the voter fails to provide valid identification.
History: L. 1968, ch. 406, § 31; L. 1975, ch. 204, § 9; L. 1976,ch. 189, § 2; L. 1991, ch. 100, § 4; L. 1992, ch. 291, § 9;L. 1993, ch. 287, § 11;L. 1995, ch. 192, § 47;L. 2003, ch. 112, § 3;L. 2004, ch. 93, § 8; July 1.