10/31/2024
As a reminder, we are in the thick of Early Voting and Election Day coming up Tuesday. Per Kansas Statute 25-2430:
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.
CASE ANNOTATIONS
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).
You will be asked to remove these items if they are worn or brought to the Courthouse or William Carpenter Building.
