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25-604. Printing of ballots; receipt by county election officers; inspection by candidates and agents; mistakes; sample ballots and lists of candidates and questions, distribution and charges; rules and regulations by secretary of state; delivery of ballots to supervising judges, time and packaging. (a) The county election officers shall have charge of the printing of the ballots for all elections, primary, special and general.

(b) Nothing in this subsection shall apply to the printing of ballot labels for use on voting machines.

(c) The ballots shall be printed on paper of sufficient strength as not to be punctured by ordinary pencil marking. Ballots shall be put in the possession of the county election officer at least five days before the election, accompanied by sufficient number, not to exceed 50 for each precinct or area, of exact copies of such ballots, printed on paper of any color, except white, as authorized by rules and regulations adopted by the secretary of state, for the inspection of candidates and agents of the candidates and for distribution through each of the party organizations. If any mistakes are discovered they shall be corrected without delay. County election officers may also obtain and distribute ballots or lists of candidates and other questions to be voted upon on paper of any color authorized by rules and regulations adopted by the secretary of state stamped "SAMPLE BALLOT" in large letters, and these ballots, lists of candidates and other questions to be voted upon shall be used for educational purposes and the distribution shall be for such purpose. The county election officers shall cause to be delivered to the supervising judges, not less than 12 hours before the time fixed by law for the opening of the polls, a number of properly printed ballots fully sufficient to meet the demands and needs of all the voters. Such ballots shall be put in separate sealed packages of 25, 50 or 100 ballots each, with marks on the outside clearly designating the voting place for which they are intended and the number of ballots enclosed. The county election officer shall retain at the county election office an additional supply of ballots to meet any emergency need for such ballots that might arise from loss or destruction of ballots, enlarged vote or any other legitimate cause. The county election officer may make a charge for all sample ballots, lists and materials distributed in an amount not to exceed the actual cost of the materials, printing and the distribution thereof.

History: L. 1893, ch. 78, § 15; L. 1897, ch. 129, § 15; L. 1903, ch. 229, § 1; L. 1909, ch. 134, §§ 1–8; L. 1921, ch. 183, § 1; R.S. 1923, 25-604; L. 1949, ch. 255, § 1; L. 1961, ch. 203, § 1; L. 1968, ch. 406, § 107; L. 1975, ch. 207, § 1; L. 1978, ch. 139, § 1; L. 1980, ch. 108, § 1; L. 1982, ch. 154, § 7; L. 1985, ch. 120, § 1; L. 1992, ch. 6, § 2; L. 1993, ch. 74, § 1; L. 2023, ch. 79, § 25; July 1.

CASE ANNOTATIONS

1. Provision requiring sample ballots not repealed by L. 1913, ch. 189, sec. 6. The State, ex rel., v. Holcomb, 93 Kan. 424, 144 P. 266.

2. Section cited but not construed as question raised was moot. State, ex rel., v. Smith, 140 Kan. 461, 462, 36 P.2d 956.

3. Nomination of constitutionally ineligible candidate; selection of nominee. Coates v. Camp, 161 Kan. 732, 741, 173 P.2d 266.


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