Kansas Secretary of State Ron Thornburgh June 2000 CANVASSING KANSAS An update on election news in Kansas. Thornburgh centers 2000 voter outreach around Honor a Vet program ecretary of State Ron county election officers who then Many military and veterans SThornburgh will use the made the stickers available to organizations supported the Honor a Vet With Your Vote each voter at the polling place or program with financial program in 2000 as the with their advance ballot. contributions and promotional centerpiece of his voter outreach The voter can write the name activities in 1998. program. This year, the pre-election The program was first promotional campaign will be implemented in Kansas in 1998, Honor a Vet... expanded. Ideas being as well as in several other considered include: meal tray states. papers at malls across Kansas, The purpose of the program is a mentoring program for first- to encourage voter turnout by time voters and promoting the linking the act of voting to the program at the Secretary of recognition of the sacrifices of an honored veteran in a blank State's booth at the state fair in made by military veterans for the line on the sticker and wear the September. right to vote. sticker during the voting season Contact the Secretary of In 1998, the SOS office in commemoration of the State’s Office for more distributed lapel stickers to veteran’s service to the country. information. Legislature proposes two amendments he Legislature has proposed institutions. CANVASSING KANSAS Ttwo constitutional The second resolution, IN THIS ISSUE amendments that will be on the Senate Concurrent Resolution statewide ballot in the general 1629 passed in 2000, would 2 Voting News election on Nov. 7, 2000. amend Article 11, Section 1 of The first resolution, House the Constitution to permit the 3 A Note from the Secretary Concurrent Resolution 5037 Legislature to provide for 4 Federal News passed in 1999, would amend separate classification and 5 Article 13, Section 2 of the taxation of aircraft and watercraft 5 State News Kansas Constitution to allow and to exempt such property Clerk News retirement and pension plans from property taxation and 6 authorized in Kansas law (the impose taxes instead. 8 Legislation Wrap-Up Kansas Public Employees Early this fall, the Secretary of Retirement System) to be 10 News stockholders in banking See Amendments, p. 7 Elections CANVASSING Special situations require different KANSAS ways to vote Published by the office of wo types of special-situation failed to update the registration SECRETARY OF STATE RON THORNBURGH Tvoting, provisional and records, the voter could go to the former precinct resident voting, voter’s new polling place or a Memorial Hall occur every election and seem central location designated by 120 SW 10th Ave. to overlap and even contradict the county election officer, Topeka, KS 66612-1594 one another. Naturally, this complete a new voter (785) 296-4564 creates confusion among voters registration card and vote a EDITOR and election officials. While both provisional ballot. The ballot Kirsten Funk are valid means of casting a would then be sealed in an ballot and are protected by state envelope and not counted until LAYOUT AND DESIGN law, there are many differences the county board of canvassers Kristi A. Pankratz between them. had determined the ballot was COPY EDITORS valid. Barb Nemec Nancy Reddy What is provisional voting? What is former precinct voting? CONTRIBUTING WRITERS Brad Bryant When a registered voter Former precinct voting allows Bryan Caskey changes his/her name or a voter who has moved from his/ address, state law directs the her registered precinct to voter to update the registration another Kansas precinct within If you have any suggestions or records with the county election 30 days before any election and comments about this or future officer’s office. If the voter fails to has not reregistered at the new issues, please call (785) 296-1864. update the records and attempts address, to return to the precinct to vote on election day, statutory of his/her former residence, Copyright © 2000 procedures allow for the vote to complete the appropriate Kansas Secretary of State be challenged. A challenge application form and vote a occurs when there is any regular ballot. This also applies This publication may be duplicated question about the voter’s to absentee, or advance, voting. for informational purposes only. No qualifications to vote: U.S. Article 5, Section 1 of the written permission is required with citizenship, age and residence in Constitution states in part: “A the exception of articles or the election district or precinct. person who is otherwise a information attributed to a source Implementation of the National qualified elector may vote in the other than the Office of the Kansas Voter Registration Act (NVRA) in voting area of his or her former Secretary of State. 1996 caused the term residence either in person or by “challenged ballot” to be phased absentee ballot notwithstanding out and replaced with the fact that such person may What are the differences? “provisional ballot.” have become a nonresident of The NVRA required the state such voting area during a period 1. A voter seeking to vote to adopt new laws allowing for prescribed by law next preceding under the provisions of former fail-safe voting, or what is the election at which he or she precinct voting may vote only at commonly referred to as seeks to vote, if his new the precinct of former residence, provisional voting, because fail- residence is in another voting not at the new precinct or a safe voters’ ballots are called area in the state of Kansas.” central location as provided in provisional ballots. If the voter K.S.A. 25-3701 sets the the provisional voting system. had changed his/her name or “period prescribed by law” as 30 address (within the county) but days before the election. See Voting, p. 7

2 CANVASSING KANSAS RON THORNBURGH Kansas Secretary of State

December 1999 Secretary of Defense Directive

Dear Friends:

There's good news for the voters of Kansas. We have been spared from a December 1999 Secretary of Defense Directive. An article on page 4 goes into more detail on the directive, but basically it instructs all military commanders and civilian facilities managers to make sure that military facilities are not used for voter registration sites or polling places.

Our office recently found out from Major General Gregory B. Gardner, Adjutant General, that this directive does not apply to Kansas. Most of the Kansas National Guard Armories are governed by the rules and regulations of the Kansas Military Board. According to Gardner, the Secretary of Defense of the United States has no control over the use of state-owned armories.

Therefore, the voters of Kansas will be able to continue to use the building as they have in the past. I sent a letter to Gardner on April 24, asking him not to apply the directive to Kansas because it would be a definitive setback to election administration throughout the state. In response, Gardner wrote that using the armories as voter registration locales and polling places is, “a natural and appropriate use of our armories by the local community that I enthusiasti- cally support.”

For more information on this subject or other voting-related material, please contact our Elections Division at (785) 296-4561.

Sincerely,

RON THORNBURGH Secretary of State

JUNE 2000 3 Federal News USPS changes use of election logo he United States Postal on #10 envelopes. Previously, registration and election officials. TService recently issued new the Postal Service would only (2) Use of the logo must strictly changes on the use of the allow the smallest logo to be conform to the guidelines set election logo used by voter used on post cards. This should forth by the published guide. (3) registration officials. Three help officials who find the The logo must be used only on changes are summarized. medium size logo to large for official election mail, and may The first change allows for the use on the #10 envelopes. not be used on any partisan use of a new blue color (PMS The third change involves the mailings. 294). Previously, the only colors Postal Service adding a section Every county election officer allowed were black (PMS 485) or on conditions of use of the logo. should have received an update red (PMS 485). These colors The Postal Service allows a on these changes. If you did not may still be used in addition to limited license to use the logo receive this update, or need a the blue color now authorized. under the following conditions: new copy of the logo guide The second change allows (1) This license is granted only brochure, contact the Secretary the smallest logo size to be used to federal, state and local voter of State’s Office at (785) 296-4561. Polling places discouraged at military facilities

n December 1999, U.S. understood, many military lawyer has issued a ISecretary of Defense William commanders are paying more memorandum stating that the Cohen instructed all American attention this year and acting on directive does not cover National military commanders and civilian it. Guard installations under state facilities managers to ensure The Election Center, a control unless the guard units that military facilities are not Houston-based nationwide are called to active duty. used for voter registration sites organization of state and local However, that memorandum has or polling places. election officials, has asked the not yet been widely circulated, Some commanders have Department of Defense to and it's not currently viewed as interpreted the prohibition to official Defense policy. include National Guard and In Kansas, Secretary of State military reservist facilities, and The directive does not Ron Thornburgh sent a letter many election officials have apply to most Kansas April 24 to Major General been informed they may not use Gregory Gardner, Kansas such facilities beginning with armories because they Adjutant General, asking him not this year’s elections, even are state owned. to apply the directive to Guard though many have been polling units in Kansas. Thornburgh places for decades. They are views the use of the facilities for scrambling to find suitable, review and rescind the decision. voting as an example of the type accessible sites to replace Lists of polling places affected of intergovernmental cooperation them. It is the National Guard by the decision are being sent to that should be encouraged, not sites rather than military bases Congress, and the Senate prohibited. Extending the that are most often used as Armed Forces Committee has prohibition in Kansas would voting sites. made inquiries regarding the represent not only bad public Officials at the Department of matter. relations but possibly a crippling Defense maintain that this is There are signs that the blow to election administration in nothing new—similar directives Department of Defense may the state. have been issued annually in the backpedal somewhat from its past, but for reasons not clearly original position. One Pentagon See Defense, p. 10

4 CANVASSING KANSAS State News Natural Law Party fails to WhyWhy areare Elections elections receive official party alwayson Tuesday? on recognition Tuesday?ne of the time-honored Otraditions in the ecretary of State Ron SOS office fell short of the American electoral system SThornburgh has required number of 14,854 is Tuesday elections. All determined that a recent valid signatures. The regular elections at the petition filed by the Natural requirement is to gather national and state levels Law Party was insufficient to signatures of currently and nearly all at the local recognize the group as an registered voters in the state level are held on Tuesdays. official party in Kansas. equal to 2 percent of the total Also, most special The national organization, votes cast for all candidates elections are on Tuesdays. called The Natural Law Party for the office of governor at the Often, questions arise of the U.S.A., submitted its last election. about the origin of the Tuesday tradition, and it’s petition on March 31. The petitioners sought something many people are The petition contained official recognition as the not aware of. signatures from four counties: Natural Party instead of The Tuesday tradition is Douglas, Riley, Sedgwick and Natural Law Party because of rooted in the agriculture- Shawnee. a state law that limits party based American society. In Election officers in those names to two words, one of the late 1800s and early counties worked throughout which must be the word party. 1900s, elections were often much of the month of April Secretary Thornburgh scheduled to accommodate checking signatures against informed party officials of his the agrarian culture. the voter registration records, determination in a letter dated See Tuesday, p. 10 and the results certified to the May 9. Election Day liquor sales not prohibited by state law ne issue that causes of any national, state, county or It is important to note, Oquestions every election city election, including primary however, that according to the year is whether or not liquor elections, during the hours the Kansas Division of Alcoholic can be sold on election day. polls are open, within the Beverage Control, cities and As election officials prepare political area in which such counties may still have for the Aug. 1 State Primary election is being held.” ordinances prohibiting or and Nov. 7 General Election, Another statute, K.S.A. 41- limiting sales of alcoholic they should be aware of the 2704, applied the same beverages. rules. restrictions to retail sale of County election officers Since 1994, state law no cereal malt beverages. faced with questions about longer prohibits retail liquor The 1994 amendments to liquor and beer sales should sales on election day. Before these two statutes removed check with the governing 1994, K.S.A. 41-712 stated: the language prohibiting such bodies of the local “No person shall sell at retail sales on election days. jurisdictions. any alcoholic liquor...on the day JUNE 2000 5 Clerk News Clerk Updates Around the • Not seeking reelection State ita Slattery, Ford County oris White, Lincoln County RClerk, has announced that DClerk, has announced that she will not be seeking re- she will not be seeking re- County News election this year. election this year. Slattery has been county White has been the Lincoln Johnson County clerk since April 1985 and has County Clerk since 1992. worked in the clerk’s office Before that, White served as ohnson County is since 1968. the Lincoln County Treasurer Jparticipating in satellite In her tenure as county clerk, for 12 years. advance voting locations in its Slattery said the most Upon retirement, White said 2000 elections thanks to significant change she has the thing she will miss most will legislation which went into effect July 1, 1999. seen in the last 30 years is the be the relationships she has This legislation allows county amazing change in technology developed with other county election officers in any county that has taken place. Upon clerks. having a population exceeding retirement, Slattery said she 250,000, to designate places only plans to enjoy her free other than the central county time. See Clerk Updates, p. 10 election office as satellite advance voting sites. A person can vote at any Election Board Workers satellite voting location in advance. By voting in person and in advance, it will save time ne popular program that to recruit enough election as well as taxpayer money. Owill continue in 2000 is board workers, and they’ll tell the election board worker you how important these Court Division recognition program. volunteers are. Voting would be impossible This is what gave rise to the he Kansas Supreme Court without the dedicated service recognition program in 1998. Tcreated the 26th Division of of election board workers who In the coming months, the the 18th Judicial District on May give their time and energy to SOS office will ask county 2. administer the voting process election officers for names of The new division was created to handle a dramatic increase in their precincts. In Kansas, board workers with 25 or more in the number of filings in more than 11,000 citizens years of service. Each Sedgwick County under the serve their communities in this nominee will be presented with Kansas Code for Care of way each election. Many work a certificate of appreciation Children. 14-hour days for minimum from Secretary Thornburgh The timing of the order allows the election for this judge wage, but often they’re there and an invitation to attend the to be held this year. The filing out of a sense of civic duty meeting of the State Board of deadline for this division is the rather than a desire for pay. Canvassers in late November same as the other elected Talk to any county election when the official results of the judicial divisions, Monday, June general election are certified. 12, at noon. officer who has worked throughout the election season

6 CANVASSING KANSAS Clerk News Thornburgh challenges Amendments election officials at KCCEOA Continued from page 1 State’s Office will send each Conference county election officer copies of the resolutions. ecretary of State Ron attendees of plans for the The SOS also will publish SThornburgh challenged upcoming presidential election the notice of the constitutional county clerks and election and this year’s voter outreach amendment elections in each county newspaper for three officials to make Kansas programs, which include a consecutive weeks before the number one in the nation for reprise of 1998’s Honor a Vet election. 18- to 24-year-old voter turnout With Your Vote. He also County election officers are at the annual spring explained that this year, the not required to publish notice conference of the Kansas Secretary of State planned to of the constitutional amendment elections. County Clerks and Election continue a program begun in Constitutional amendments Officials Association 1998 that recognizes election must be proposed by a 2/3 (KCCEOA). board workers who have majority vote in each house of At the conference, which served 25 years or more. the Legislature and approved was held May 3-5 in Bryant also by a simple majority of the voters in a statewide election. Wichita, Thornburgh highlighted explained how the Increased elections-related Voting 18- to 24-year-old voter turnout legislation passed Continued from page 2 age bracket has the among by the 2000 lowest turnout 18- to 24- Legislature. 2. Ballots cast by former percentages. year-olds Bryan Caskey, precinct voters are not Nationally, the 18- to is a high administrative required to be challenged, or 24-year-old vote has assistant for provisional, ballots. The priority for supervising judge or county decreased from a 50 elections, Thornburgh election officer may choose to percent turnout in and Kansas explained the put them in provisional 1972 to 32 percent results of recent envelopes. They may be cast in 1996. Since these research on court as normal ballots if it is are the leaders of tomorrow, it cases dealing with petition determined that the voter becomes even more crucial for signature verification, including qualifies as a former precinct voter and completes the election officials to develop specifics on the Natural Party’s necessary application. ways to increase the voting petition seeking official party 3. Former precinct voting percentages. recognition. does not include name Other topics discussed at Caskey also detailed plans changes, whereas provisional this conference included for this year’s presidential voting includes name changes as well as address changes, geographic information election, including election and can include other systems, records retention and night tabulation and challenges to a person’s open records, new legislation, certification of candidate voting qualifications, such as and budgeting and accounting. names to county election citizenship, possible felony Elections Division Deputy officers. conviction or incompetence. Brad Bryant informed

JUNE 2000 7 Legislation Wrap-up House Substitute for SB 244—Presidential applications sent to another location for Preference Primary Bill processing. To further emphasize the point, Section 2 says “nor shall any person mail, fax or This bill cancels the 2000 Kansas presidential otherwise cause the application to be sent to a preference primary and directs the Secretary of place other than the county election office.” State to refund filing fees received from candidates 2. Section 2 makes it illegal for anyone to who had filed before the effective date of the bill, “interfere with or delay the transmission of any which was Feb. 7, 2000. Funding for the primary advance voting ballot application from a voter to was canceled in Senate Bill 39, an appropriations the county election officer.” bill. 3. Section 2 also requires prompt delivery of SB 244 authorizes the Secretary of State to applications to the county election officer by stating negotiate with other states to involve Kansas in a that: “Any person or group engaged in the multi-state primary in future years. If the Secretary distribution of advance voting ballot applications of State obtains commitments from at least five shall mail, fax or otherwise deliver any application other states to hold their primaries or caucuses on signed by a voter to the county election office a common date with Kansas, the Secretary within 48 hours after such application is signed by certifies to the Legislature the date the primaries the applicant.” will be held. If commitments are not obtained from at least five states, the Secretary chooses a date HB 2844—Emergency Ballot Distribution Bill for the Kansas presidential primary on or before the first Tuesday of April and certifies that date to This bill authorizes the Secretary of State to the Legislature. “designate temporary alternative methods of In either case, the certification to the Legislature distributing ballots in cases of war, natural or man- must be made before November the year made disasters, equipment failures or other preceding the presidential election. emergency conditions or circumstances which Note: This bill was effective upon publication in the make it impossible for voters in a voting area to Kansas Register Feb. 24, 2000. obtain ballots as provided by law.” This legislation was proposed as a remedy to emergency HB 2328—Advance Voting Ballot Application Bill circumstances that have occurred in past years. One example was the 1990 Desert Shield This bill requires advance ballot applications to military operation in the Persian Gulf, when military be sent directly to the county election officer within personnel would have been unable to vote if 48 hours of the voters signing them. It is intended election officials nationwide had not taken to prevent candidates, campaigns, parties and extraordinary steps by allowing them to fax their other groups engaged in the distribution of ballots. Another example was the 1998 floods, advance ballot applications from having the when large areas of Kansas were under water on applications sent to a location other than the election day, voting places were surrounded by election office, delaying receipt of the ballot by the water, and voters in many areas were unable to voter. leave home to vote. Emergency efforts were The legislation contains three provisions undertaken in cooperation with the National Guard intended to accomplish this: to move polling places, transport ballots and 1. Section 1 states that: “The signed application transport voters to backup voting sites. shall be transmitted only to the county election House Bill 2844 grants emergency authority to officer,” prohibiting groups from having the the Secretary of State to work with county election

8 CANVASSING KANSAS Legislation Wrap-up

officers to identify areas where emergency an election board worker at each precinct. These measures are warranted on election day and to individuals must meet all other qualifications for implement temporary plans to allow people to cast voting besides age. The new law is intended to their ballots. help ease the shortage of election board workers, encourage young people to learn about and HB 2854—Election Administration Bill participate in the electoral process, and possibly save some salary money if the teenagers receive This bill has three provisions: school credit instead of pay for their service on 1. It eliminates the requirement that counties election boards. Teenage board workers’ absence using voting machines provide mechanical models from school should be arranged ahead of time of the machines in each precinct. The models were and excused by school administrators, and any for voter education, so voters could practice on a program granting classroom credit should be model of the voting equipment. The models are sanctioned by the school. expensive and unnecessary. The laws as amended still require that voters receive instruction on voting SB 481—Campaign Finance Report Fees Bill procedures as needed, but such instruction may be printed materials or instruction by election board Campaign finance report fees of candidates for workers. state offices, county offices, first class city 2. It requires advance voting applicants to offices, the Wichita school district and the Kansas provide their birth dates on their applications for City Board of Public Utilities would increase. The advance ballots. This is intended to help the county effect would be that all except statewide offices election officer keep track of voters, eliminate would rise from $30 to $35. Some lobbyist and duplicates, and ensure that each voter receives political action committee registration fees also one and only one ballot, especially during busy would increase under the bill. times just before application deadlines. 3. The bill contains a follow-up to 1999 legislation SB 515—Technical Cleanup Bill that eliminated requirements in several laws that certain election mailings be sent first class. This This bill has two provisions: year’s bill eliminates one more such requirement 1. It has a Year 2000 cleanup provision that that was missed last year. This allows election changes 19 to 20 in several places in officers to take advantage of the U.S. Postal election laws. One deals with the date on the Service’s election logo. Use of the election logo affidavit signed by challenged voters, and the ensures first class handling of election mail, but if others deal with applications for presidential certain conditions are met, the election officer may ballots by new, former and relocated residents. avoid paying first class postal rates. This year’s bill 2. It deletes the Secretary of State’s street affects mailings of notices of disposition to address from the law that tells voters whom to provisional voters who have completed new voter contact if they believe someone has interfered registration applications at the polling place before with their right to register to vote or to decline to casting their provisional ballots. register to vote. This is an NVRA provision that requires the state to have a chief state election HB 2928—Teenage Election Board Worker Bill officer to handle such complaints. The address of the Secretary of State changed when the office This bill allows the county election officer to moved out of the Capitol in January 2000, so the appoint one 16- or 17-year-old person to serve as reference to the old street address was deleted.

JUNE 2000 9 News Continued Why do we vote on Tuesdays? from p. 5 If elections were scheduled Tyler signed legislation in 1845 an increasing number of states during busy times on the farm, designating the Tuesday adopting early voting systems the farm vote would be lost. following the first Monday in or all-mail voting systems, and November was the preferred November as national election with progress being made month because it avoided day. toward Internet voting, the planting and harvesting Why the Tuesday following specific date of the election seasons. the first Monday? Again, the becomes less important. Still, Tuesday was chosen origin lies in the rural society of the actual election day remains because it was the first day the time. The first day of each Tuesday, the day when voting after the weekend that people month was set aside for cuts off. could travel to voting sites. The business conducted at the Some have suggested first day of the week, Sunday, county seat, which was often weekend voting as less of a was avoided because it was the central voting place, so it conflict with work, but others the Christian Sabbath day. The made sense for people to point out that weekend voting day before and the day after, travel to the county seat for would impinge on other social Saturday and Monday, business on the first day of the events such as sports and wouldn’t work because rural month and stay to vote the travel away from home. residents needed a day on second. For now, change from either side of the Sabbath day With our society less Tuesday and November for travel to remote voting involved in farming, some elections seems unlikely locations. Hence, Tuesday was people have suggested because of the deeply rooted selected and formally adopted moving elections from traditions. into law when President John November and Tuesday. With Defense Clerk Updates Continued from p. 4 On May 5, Gardner Continued from p. 6 County Clerk, resigned after responded in a letter saying • Resignations nearly 14 years in office. Linda that the directive does not Buttron was selected as her apply to most of the Kansas hree county clerks have replacement. National Guard Armories Tresigned to pursue other because they are state opportunities. • Marriages property. The use of the Diann Hrabe, Graham armories is decided by the County Clerk, resigned after 3 wo clerks were recently rules and regulations of the 1/2 years. Jana Irby was married. Kansas Military Board. T selected as her replacement. Sharon Cahoone, Chase Therefore, the Secretary of Dan Brunetti, Crawford County Clerk, married Jerry Defense of the United States County Clerk, resigned after 12 Pittman on February 19. has no control over the use of state-owned armories. years in office. Kevin Anselmi Pat Miller, Logan County For more information on this was selected as his Clerk, married Tim Schippers topic, see Secretary Thornburgh's replacement. on Valentine’s Day. column on page 3. Shirley Walbridge, Jefferson Congratulations!

10 CANVASSING KANSAS