Kansas lawmakers sends election bills to Gov.
TOPEKA (KSNT)- The Kansas Legislature has forwarded two election bills to Governor Laura Kelly, with both receiving backlash during floor debates in the House.
One proposal, House Bill 2618, includes several changes. They include a provision to clarify a state law passed in 2021, which made it a crime to impersonate an election official. The Kansas Supreme Court weighed arguments from voting rights groups earlier this year who are asking justices to block the law. The groups argue that it impedes voter registration.
"The state was sued over that law by several organizations saying that it was unconstitutionally vague, so what the language of this bill does, is clarifies that you would have to intend to deceive in order to be guilty of the crime of impersonating an election officer... it's not just based on the perception of the person...," Representative Pat Proctor, R-Fort. Leavenworth
This bill would remove “engaging in conduct that gives the appearance of being an election official” from the list of conduct that constitutes false representation of an election official. The
bill would also clarify that false representation of an election official would require the intent to
cause another person to believe they are engaging with an election official. The bill would be in effect upon publication in the Kansas Register.
"Even in that discussion talked about how it still wouldn't resolve the lawsuit..., and discussed in front of the Kansas Supreme Court that it doesn't resolve the conflict, because there's no clear parameters on what impersonating an election official actually looks like," Representative Brandon Woodard, D-Lenexa said of the provision.
Another provision made under the plan would create the crime of using federal money for facilitating elections unless authorized by Congress.
"So, you can't just take a grant for mental health and use it for a Get Out the Vote effort," Proctor explained.
However, Woodard said that the provision could cause issues during emergencies.
"This becomes a defacto block on federal election aid in the case that we're in a national crisis or a national emergency," he said.
Another bill heading to the governor's desk, which received backlash, is House Bill 2614. It would amend provisions of election law and the Campaign Finance Act concerning advance voting ballot envelopes, the delivery of advance voting ballots, and corrupt political advertising.
As for amendments for advance ballot envelopes, the proposal would:
- Adding a signature block for the person, if any, who is authorized by the advance voter to deliver the advance voting ballot to the county election office;
- Adding a designated block for the person who is authorized by the advance voter to deliver the advance voting ballot to the county election office to print such person’s full name; and
- Adding the statement, to be printed on each advance voting ballot “KSA 25-2437 prohibits the transmission or delivery of more than 10 advance voting ballots by any one person.”
The provisions of the bill would be effective on January 1, 2025.
COULD THE BILLS FACE A VETO?
Governor Kelly will need to decide whether to sign the proposals once they reach her desk.
The House passed House Bill 2614 75-48 on Friday; several votes shy of the number needed to override a veto if one comes down. However, the proposal was only one vote shy of a veto-proof majority in the Senate, passing 26-13 on Thursday.
House Bill 2618 also passed the Senate 26-13 on Thursday. It's also closer to reaching a veto-proof majority in the House. It passed the chamber 83-40 on Friday; just one vote shy of the 84 votes needed to override a veto.