Requiring actions challenging the constitutionality of an election statute to be brought in the district court of Shawnee county and providing a conditional amendment to limit advance voting if a court order invalidates , the official text

house bill No. 2569
An Act concerning elections; relating to actions challenging the constitutionality of state laws governing elections; requiring such actions to be brought in the district court of Shawnee county; relating to advance voting ballots; concerning court orders that invalidate or enjoin signature verification triggering a limitation on advance voting; amending K.S.A. 25-1119 and 25-1121 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any action alleging that a state law related to elections that has statewide application, or any rule and regulation adopted pursuant thereto, violates one or more provisions of the constitution of the United States or the constitution of the state of Kansas shall be brought in the district court of Shawnee county. This venue requirement shall apply to any such action regardless of the form of relief sought.
(b) If an action described in subsection (a) is brought in any district court other than the district court of Shawnee county, such court shall, upon its own motion or the motion of any party, transfer such action to the district court of Shawnee county.
(c) Nothing in this section shall be construed to limit the jurisdiction of the district court of Shawnee county or the appellate jurisdiction of the supreme court or the court of appeals.
New Sec. 2. The secretary of state shall monitor all litigation challenging the validity of the signature verification requirements contained in K.S.A. 25-1124(h), and amendments thereto. Except as otherwise provided, if any state or federal court of competent jurisdiction enters an order or judgment that invalidates or enjoins the enforcement of the signature verification requirements contained in K.S.A. 25-1124(h), and amendments thereto, then the secretary of state shall cause notice of such order or judgment to be published in the Kansas register at the time of the next regular publication of the Kansas register following the date such order or judgment is issued. If such order or judgment is issued within 45 days prior to the date of an election or at any time from the date of such election until the date the results of such election are certified by the secretary of state, the secretary of state shall cause notice of such order or judgment to be published in the Kansas register at the time of the next regular publication of the Kansas register following the date the results of such election are certified by the secretary. Upon such publication in the Kansas register, the statutory authorization for advance voting by mail in Kansas shall be amended as provided in K.S.A. 25-1119, and amendments thereto.
Sec. 3. On and after July 1, 2026, and the date of publication in the Kansas register of the notice prescribed in section 2 of this act, K.S.A. 25-1119 is hereby amended to read as follows: 25-1119. (a) Any registered voter is eligible to vote by advance voting ballot on all offices and to vote by advance voting ballot on questions submitted on which such elector would otherwise be entitled to vote.
(b) The votes of such qualified electors who vote by advance voting ballot shall be cast and received and canvassed as provided in this act.
(b) It shall be lawful for any qualified elector of this state who is to be absent from the county in which the elector resides or in which the elector is authorized by law to vote as a former precinct resident as defined by K.S.A. 25-3701, and amendments thereto, upon the day of any primary, general or special election, and who is actually so absent during all of the time that polls are open on such day, to vote an advance voting ballot on all offices, other than precinct committeeman and committeewoman, and questions submitted on which such elector would otherwise be entitled to vote.
(c) It shall be lawful for any qualified elector of this state who, because of sickness or physical disability or because of religious belief or practice, is unable to vote at such elector's voting place on the day of any primary, general or special election to vote an advance voting ballot on all offices, other than precinct committeeman or committeewoman, and to vote an advance voting ballot on questions submitted on which such elector would otherwise be entitled to vote.
(d) It shall be lawful for any qualified elector of this state who, because of service as a judge or clerk on an election board, is unable to vote at such elector's voting place on the day of any primary, general or special election to vote an advance voting ballot on all offices, other than precinct committeeman or committeewoman, and to vote an advance voting ballot on questions submitted on which such elector would otherwise be entitled to vote.
(e) It shall be lawful for any qualified elector to vote an advance voting ballot as authorized by K.S.A. 25-1214 et seq., and amendments thereto.
Sec. 4. K.S.A. 25-1121 is hereby amended to read as follows: 25-1121. (a) The secretary of state shall prescribe the general forms of advance voting ballots to be used in all primary and general elections and the form of the printed instructions to voters containing a statement of all the requirements of this act, to enable voters to comply with the requirements of this act. The prescribed forms shall be transmitted to the county election officers 35 days before each primary and general election.
(b) The secretary of state shall prescribe the general format of advance voting ballot envelopes. The envelopes shall include signature blocks for the advance voter;, a signature block for the person, if any, assisting the advance voter; and a signature block for a person, if any, who signs the advance voting ballot envelope on behalf of the advance voter in situations when the advance voter is physically unable to sign the envelope or unable to sign the envelope consistent with a signature of the voter on file in the voter registration database.
(c) The advance ballot envelope shall contain the following statement after the signature block provided for the person who signs the advance ballot envelope on behalf of a person who is either physically unable to sign such envelope or unable to sign the envelope consistent with a signature of the voter on file in the voter registration database:
"My signature constitutes an affidavit that the person for whom I signed the envelope is a person who is physically unable to sign such envelope or unable to sign the envelope consistent with the signature of the voter on file in the voter registration database. By signing this envelope, I swear that this information is true and correct, and I acknowledge that signing an advance ballot envelope under false pretenses shall constitute the crime of perjury."
Sec. 5. K.S.A. 25-1121 is hereby repealed.
Sec. 6. On and after July 1, 2026, and the date of publication in the Kansas register of the notice prescribed by section 2 of this act, K.S.A. 25-1119 is hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its publication in the Kansas register.

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I hereby certify that the above Bill originated in the
House, and was adopted by that body

House adopted
Conference Committee Report

Speaker of the House.

Chief Clerk of the House.

Passed the Senate
as amended

Senate adopted
Conference Committee Report

President of the Senate.

Secretary of the Senate.

Approved

Governor.