25-2430. Electioneering.

422 words·~2 min read·/ks/chapter-25/25-2430

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.