2004 Kansas State Plan
HELP AMERICA VOTE ACT OF 2002
Kansas Secretary of State Ron Thornburgh
First Floor, Memorial Hall, 120 S.W. 10th Avenue
Topeka,
Kansas 66612
785.296.4564
A MESSAGE FROM THE SECRETARY
The Help America Vote Act
of 2002 (HAVA) is the United States Congress’ response to the problems which
occurred during the 2000 presidential election. HAVA is a broad federal law
that requires change in almost every area of the voting process. As Kansas’ chief election official, I am responsible for
ensuring the new requirements are carried out and correctly implemented in our
state.
By 2006, Kansas elections will look significantly different than
they do today. Over the next few years, there will be numerous changes behind
the scenes, as well as at polling places.
Significant changes will include new training and education programs for
election officials and a statewide computerized voter registration system. In
addition, accessible voting equipment will be implemented in every polling
place, allowing individuals with disabilities to cast an independent vote. We
are working to ensure that our state has the most technologically advanced systems
and highly trained workers at every polling place. The new mandates will make Kansas’ electoral system more uniform and secure.
This document is our
roadmap for implementation of the HAVA requirements in Kansas. The plan has been developed with assistance from
the Kansas Election Reform Advisory Council, a group of Kansans from across the
state who are committed to making our electoral process a model of excellence.
It is a living document that will be reviewed, updated and published annually
with assistance from the advisory council and all interested Kansans.
Comments regarding
implementation of HAVA mandates are valued and welcome at any time. As the
least complicated, most accessible agency in state government, we are always
interested in your questions and concerns.
Sincerely,
RON THORNBURGH
Secretary of State
TABLE OF CONTENTS
Overview of
Kansas Elections. 6
Section
1: How will Kansas use the requirements
payments to meet the requirements of title III, and if applicable, to carry out
other activities to improve the administration of elections?. 7
1.1: Voting System Standards Requirements –
Section 301. 7
Second Chance Voting (Section 301(a)(1)) 7
Audit Capacity (Section 301(a)(2)) 8
Accessibility for Individuals with Disabilities (Section
301(a)(3)) 8
Alternative Language Accessibility (Section 301(a)(4)) 8
Error Rates (Section 301(a)(5)) 8
Uniform Definition of What Constitutes a Vote (Section
301(a)(6)) 8
1.2: Provisional Voting Requirements – Section 302. 8
Notification of the right to cast a provisional ballot
(Section 302(a)(1)) 8
Affidavit for all provisional voters attesting to registration,
eligibility (Section 302(a)(2)) 9
Written information regarding how to determine the outcome
of a provisional ballot 9
(Section 302(a)(5)(A)) 9
Free access system for publication of provisional vote
results (Section 302(a)(5)(B)) 9
1.3: Voting Information Requirements – Section 302. 9
Public posting at polling places (Section 302(b)(2)) 9
Provisional ballots for individuals who vote pursuant to a
court or other order extending polling place hours; ballots must be separated
from other provisional ballots (Section 302(c)) 10
1.4: Computerized Statewide Voter Registration
List Requirements – Section 303(a) 10
1.5: Requirements for Voters Who Register by Mail
– Section 303(b) 11
Identification Requirements. 11
Fail-Safe Voting. 11
Contents of Mail-In Registration Form.. 11
Section 2: How will
Kansas distribute and monitor the distribution of the requirements payment to
units of local government or other entities in Kansas for carrying out
activities to improve the administration of elections? 12
2.1: Criteria to be used to determine the
eligibility of units or entities for receiving the payment (Section
254(a)(2)(A)) 12
2.2 : Methods to be used to monitor the performance
of the units or entities to whom the payment is distributed (Section
254(a)(2)(B)) 12
Section
3: How will Kansas provide programs for
voter education, election official education/training, and poll worker training
which will assist the state in meeting the requirements of title III?. 13
3.1: Voter Education. 13
Voter Outreach. 13
Voting Instruction. 13
3.2: Election Official Education and Training. 14
3.3: Poll Worker Training. 15
Section
4: How will the state adopt voting
system guidelines consistent with the requirements of section 301? 16
Section
5: How will Kansas establish a fund for
purposes of administering the state’s activities, including information on fund
management?. 17
5.1: Fund establishment 17
5.2: Fund management 17
Section
6: Kansas’ proposed budget for HAVA
activities based on the state’s best estimates of the costs of such activities
and the amount of funds to be made available. 18
Section
7: How will Kansas, in using the
requirements payments, maintain the expenditures of the state for activities
funded by the payments at a level that is not less than the level of such
expenditures maintained by the state for the fiscal year ending prior to
November 2000?. 19
Section
8: How will Kansas adopt performance
goals and measures to determine its success and the success of units of local
government in carrying out the plan?. 20
Section
9: A description of the uniform,
nondiscriminatory state-based administrative complaint procedure in effect
under section 402. 24
Section
10: A description of how Kansas will use
the title I payment to carry out proposed activities in this plan. 27
Section
11: How will Kansas conduct ongoing
management of the plan?. 28
Section
12: A description of the committee which
participated in development of the state plan. 29
§
Overview
of Kansas
Elections
Statutory and Administrative Framework
Kansas election laws are shaped by the Kansas Legislature
and new laws are enacted July 1 each year. State election laws are contained in
Chapter 25 of the Kansas Statutes Annotated (hereinafter “KSA”). Administrative
rules are promulgated by the secretary of state when authority to do so is
granted by the legislature. The secretary of state does not have general
administrative rule making authority.
State and Local Roles and Responsibilities
Day-to-day administration
of elections is handled by 105 county election officers – 101 county clerks and
four election commissioners. State and federal elections in Kansas are overseen by the state’s chief election officer,
the secretary of state. Local elections fall within each county election
officer’s jurisdiction.
Voting Statistics
ú
According to April 1, 2000, United States Census Bureau data, Kansas’ voting age population is 1,975,425.
ú
In the 2002
general election, 851,968 votes were cast while 1,615,698 Kansans were
registered to vote in that election.
ú
In the 2002
general election, 16.4 percent (139,343) of votes cast were cast before
Election Day through the sta