25-409. Challenged voters; rejection or acceptance of vote; procedure.

      25-409.   Challenged voters; rejection or acceptanceof vote; procedure.(a) If any person challenged pursuant to K.S.A. 25-414, and amendments thereto,shall refuse to subscribe the application forregistration pursuant to K.S.A. 25-2309, andamendments thereto, the judges shall reject such person's vote.

      (b)   If a person is challenged pursuant to K.S.A. 25-414, andamendmentsthereto, such person shallbe permitted to subscribe the application for registration and mark a ballot.The person shall then execute the affirmation prescribed in subsection (c)of this section before a member of the election boardand the ballot shallthereupon be sealed in anenvelope. The judges shall write on the envelopethe word"provisional" and a statement of the reason for the challenge, and that theballot containedin the envelope is the same ballot which was challenged pursuant to K.S.A.25-409 et seq. and amendments thereto. Such statement shall beattested by two of the judges.The judges shall attach the application for registration to the envelopecontaining the provisional ballot.The envelope shall be numbered to correspond to the numberof the provisional voter's name in the registration orpoll book, and the word"provisional" shall be written following the voter's name in the poll book.The judges shall provide written information stating how the voter mayascertain whether the voter's provisional ballot was counted and, if suchballotwas not counted, the reason therefor.Such provisional ballots, together with objected to and void ballots packagedin accordance with K.S.A. 25-3008, and amendments thereto, shall be reviewed bythecounty board of canvassers at the time prescribed for canvassing votes,and such board shall determine the acceptance orrejection of the same.The county board of canvassers shall open all ballots deemed to be valid andinclude such ballots in the final canvass of election returns.

      (c)   The voter's affirmation shall be sufficient if substantially in thefollowing form, but the voter's affirmation shall not contain less than thatprescribed in the form:

_____________________, Voter   ______________, Judge of Election
       History:   G.S. 1868, ch. 36, § 11;R.S. 1923, 25-409;L. 1974, ch. 156, § 1;L. 1975, ch. 206, § 1;L. 1979, ch. 108, § 1;L. 1983, ch. 121, § 1;L. 1992, ch. 6, § 1;L. 1995, ch. 192, § 25;L. 1996, ch. 187, § 1;L. 2001, ch. 124, § 3;L. 2004, ch. 25, § 2; July 1.