25-2438. False representation of an election official. (a) False representation of an election official is knowingly engaging in any of the following conduct by phone, mail, email, website or other online activity or by any other means of communication while not holding a position as an election official:
(1) Representing oneself as an election official;
(2) engaging in conduct that gives the appearance of being an election official; or
(3) engaging in conduct that would cause another person to believe a person engaging in such conduct is an election official.
(b) False representation of an election official is a severity level 7, nonperson felony.
(c) As used in this section, "election official" means the secretary of state, or any employee thereof, any county election commissioner or county clerk, or any employee thereof, or any other person employed by any county election office.
History: L. 2021, ch. 96, ยง 3; July 1.
CASE ANNOTATIONS
1. Appellants had pre-enforcement standing to pursue challenge of statute criminalizing speech because the language was sufficiently unclear to demonstrate that the only speech being criminalized was constitutionally unprotected speech. League of Women Voters of Kansas v. Schwab, 317 Kan. 805, 539 P.3d 1022 (2023).
2. Statute criminalizes honest speech that is "known" to cause occasional misunderstandings or misperceptions on the part of the listener. League of Women Voters of Kansas v. Schwab, 318 Kan. 777, 791, 525 P.3d 803 (2024).
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