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25-2430. Electioneering. (a) (1) Electioneering is:

(A) Knowingly attempting to persuade or influence eligible voters to vote for or against a particular candidate, party or question submitted, including wearing, exhibiting or distributing labels, signs, posters, stickers or other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted election within any polling place on election day or advance voting site during the time period allowed by law for casting a ballot by advance voting or within a radius of 250 feet from the entrance thereof; or

(B) if committed by a candidate:

(i) Touching or handling any voter's ballot during the voting process;

(ii) distributing ballots or counting ballots;

(iii) hindering or obstructing any voter from voting or from entering and leaving the polling place; or

(iv) hindering or obstructing any election board worker from performing election duties.

(2) Electioneering shall not include bumper stickers affixed to a motor vehicle that is used to transport voters to a polling place or to an advance voting site for the purpose of voting.

(b) The provisions of subsection (a)(1)(B) shall not apply to:

(1) The secretary of state, any election official or any county election officer;

(2) a candidate for precinct committeeman or committeewoman who is employed by a county election office and is engaged in the performance of such employee's duties;

(3) a candidate for any office not specified in paragraphs (1) or (2) who is employed by a county election office and is engaged in the performance of such employee's duties, if such employee does not appear as a candidate for office on any ballot such employee touches, handles, distributes or counts; or

(4) a candidate transmitting or delivering an advance voting ballot in accordance with K.S.A. 25-2437(b), and amendments thereto.

(c) As used in this section:

(1) "Advance voting site" means the central county election office or satellite advance voting sites designated as such pursuant to K.S.A. 25-1122(c), and amendments thereto, and adult care homes and hospital based care units at the time of an election participating in the voting procedures prescribed in K.S.A. 25-2812, and amendments thereto; and

(2) "candidate" means an individual who has declared such individual's candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the individual is charged with having violated the provisions of this section.

(d) Electioneering is a class C misdemeanor.

History: L. 1974, ch. 157, § 24; L. 2001, ch. 125, § 3; L. 2008, ch. 129, § 2; L. 2021, ch. 96, § 8; L. 2022, ch. 87, § 7; July 1.

Attorney General's Opinions:

Mail ballot election act; voting by electors; statute inapplicable. 85-80.

Offering nonpartisan voter assistance within 250 feet of polling place does not constitute electioneering. 2018-15.


1. Ex parte Young exception to sovereign immunity does not apply where plaintiffs failed to show that the secretary of state has a willingness to enforce the electioneering statute. Clark v. Schwab, 416 F. Supp. 3d 1260, 1272 (D. Kan. 2019).

2. The 250-foot buffer zone around polling places is not unconstitutional; a long history, substantial consensus, and common sense show the buffer's necessity. Clark v. Schmidt, 493 F. Supp. 3d 1018, 1032 (D. Kan. 2020).

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