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25-3206. Canvass of state and national general elections; canvass of statewide question submitted election; result certified to secretary of state; publication on secretary of state website of certain election results by precinct; precinct level results available in each county, when. (a) The state board of canvassers shall make the final canvass of national and state primary and general elections. The board shall also make the final canvass of elections upon constitutional amendments and all questions submitted to election on a statewide basis, including questions on retention in office of justices of the supreme court, judges of the court of appeals and judges of the district court.

(b) For the purpose of canvassing elections specified in subsection (a), the state board of canvassers shall meet on the call of the secretary of state, in the secretary's office, as soon as convenient after the tabulation of the returns is made. In the case of general elections, the meeting shall be called not later than December 1 next following the election, except when the date falls on Sunday, then not later than the following day, and may recess from time to time until the canvass is completed.

(c) The state board of canvassers shall, upon the abstracts on file in the office of secretary of state, proceed to make final canvass of any election for officers specified in subsection (a). The state board of canvassers shall certify a statement which shall show the names of the persons receiving votes for any of the offices, and the whole number received by each, distinguishing the districts and counties in which they were voted.

(d) The state board of canvassers shall, upon the abstracts on file in the office of the secretary of state, proceed to make final canvass and determination of the result of statewide question submitted elections. The state board of canvassers shall certify a statement of the number of votes on each question and the result thereof.

(e) The state board of canvassers shall certify such statements to be correct, and the members shall subscribe their names thereto, and the board shall determine what persons have been elected to such offices and the members shall endorse and subscribe on the statement a certificate of the determination and deliver them to the secretary of state.

(f) The secretary of state shall publish on the official secretary of state website election results by precinct for all federal offices, statewide offices and for legislative offices not later than 30 days after the final canvass of the general election results.

(g) Each county election officer shall provide precinct level election results electronically in machine-readable format for all federal offices, statewide offices, legislative offices and local offices not later than 30 days after the final canvass of the general election results.

History: R.S. 1923, 25-711; L. 1968, ch. 406, § 112; L. 1981, ch. 170, § 1; L. 2018, ch. 88, § 6; L. 2022, ch. 87, § 9; July 1.

Source or prior law:

L. 1861, ch. 28, § 36; L. 1864, ch. 57, § 7; G.S. 1868, ch. 36, § 37.

Cross References to Related Sections:

Intermediate canvass, see 25-3103.

CASE ANNOTATIONS

1. Act discussed in requiring secretary of state to issue certificate of election. The State, ex rel., Price v. Lawrence, 3 Kan. 95, 99.

2. Applied in construing K.S.A. 46-143; "candidate" and "member elect" distinguished. Rogers v. Shanahan, 221 Kan. 221, 227, 565 P.2d 1384.


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