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25-2701. Designation of areas and voting places; restrictions on changing voting places prior to an election; voting at any voting place if approved by county election officer; mailed notice; counting and canvass of ballots in certain precincts having less than 20 registered voters. (a) (1) The county election officer shall determine the area to be served by each voting place at every election and shall provide notice of such voting places as required by law. At the discretion of the county election officer, all voters within a county may be allowed to vote at any polling location on election day, provided all rules and regulations are followed as established by the secretary of state for such purpose.

(2) Any precinct having less than 20 registered voters shall be included with an adjacent precinct or precincts in a single area to be served by a common voting place. The location of voting places shall be designated by the county election officer as provided by K.S.A. 25-2703, and amendments thereto.

(b) For any election to which this section is applicable, wherever a city is located in two counties, the county election officer of the county in which the greater population of the city is located may designate a voting place located in a portion of the city in the other county to serve an area within that portion of the city within the county in which the greater population of the city is located.

(c) At voting places serving two or more precincts, one or more of which have less than 20 registered voters, all ballots which are identical shall be deposited in the same ballot box or boxes and such votes shall be counted and canvassed in a manner as to minimize the possibility of identifying the ballots cast by any voter.

(d) (1) The county election officer may not change a voting place prior to an election without providing mailed notice to the voters affected at least 30 days prior to the election. If an emergency is declared by the county election officer, the mailed notice requirement shall be waived.

(2) Failure to receive notice of a change in the voting place shall not give rise to a cause of action challenging the results of the election.

History: L. 1968, ch. 406, § 15; L. 1977, ch. 140, § 1; L. 1991, ch. 103, § 1; L. 2017, ch. 49, § 8; L. 2019, ch. 36, § 2; April 25.

Cross References to Related Sections:

Definition of area and voting place, see 25-2506.

Attorney General's Opinions:

Advance voting ballot, death of voter prior to canvassing of ballot. 2002-15.

CASE ANNOTATIONS

1. Mentioned in holding election valid despite irregularity; section contemplates each voting place to serve one defined area. Kimsey v. Board of Education, 211 Kan. 618, 628, 507 P.2d 180.


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