2009 Kansas Code
Chapter 25 ELECTIONS
Article 4 CONDUCT OF ELECTIONS
25-409. Challenged voters; rejection or acceptance of vote; procedure.
25-409
25-409. Challenged voters; rejection or acceptance
of vote; procedure.
(a) If any person challenged pursuant to K.S.A. 25-414, and amendments thereto,
shall refuse to subscribe the application for
registration pursuant to K.S.A. 25-2309, and
amendments thereto, the judges shall reject such person's vote.
(b) If a person is challenged pursuant to K.S.A. 25-414, and
amendments
thereto, such person shall
be 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 board
and the ballot shall
thereupon be sealed in an
envelope. The judges shall write on the envelope
the word
"provisional" and a statement of the reason for the challenge, and that the
ballot contained
in the envelope is the same ballot which was challenged pursuant to K.S.A.
25-409 et seq. and amendments thereto. Such statement shall be
attested by two of the judges.
The judges shall attach the application for registration to the envelope
containing the provisional ballot.
The envelope shall be numbered to correspond to the number
of the provisional voter's name in the registration or
poll 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 may
ascertain whether the voter's provisional ballot was counted and, if such
ballot
was not counted, the reason therefor.
Such provisional ballots, together with objected to and void ballots packaged
in accordance with K.S.A. 25-3008, and amendments thereto, shall be reviewed by
the
county board of canvassers at the time prescribed for canvassing votes,
and such board shall determine the acceptance or
rejection of the same.
The county board of canvassers shall open all ballots deemed to be valid and
include such ballots in the final canvass of election returns.
(c) The voter's affirmation shall be sufficient if substantially in the
following form, but the voter's affirmation shall not contain less than that
prescribed in the form:
I am a registered voter in this jurisdiction and I am qualified to vote in this
election. I declare under penalty of perjury that the foregoing is true and
correct. This ____ day of ______________ A.D.
______.
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.
STATE OF KANSAS, COUNTY OF ________, ss.
_____________________, Voter ______________, Judge of Election
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