Current through Register Vol. 43, No. 12, March 20, 2024
(a) For purposes of this regulation, each of
the following terms shall have the meaning specified in this subsection:
(1) "Application" means the submission by a
registered voter to apply for an advance voting ballot to be transmitted by
mail on which the voter affixes a signature, as specified in K.S.A. 25-1122 and
K.S.A. 25-1122d, and amendments thereto.
(2) "Inconsistent," when used regarding a
signature, means that the signature differs in multiple, significant, or
obvious respects from the voter's signature in the voter registration
database.
(3) "Mail ballot
envelope" means the envelope containing a completed ballot on which the voter
affixes a signature, as specified in K.S.A. 25-1124 and K.S.A. 25-433(b) and
amendments thereto.
(4) "Match,"
when used regarding a signature, means that the signature is generally uniform
and consistent with the voter's signature in the voter registration
database.
(5) "Signature
verification" means the process to verify the authenticity of a voter's
signature on applications, as required by K.S.A. 25-1122(e)(1) and amendments
thereto, and on mail ballot envelopes, as required by K.S.A. 25-1124(d) and (h)
and K.S.A. 25-433(e) and amendments thereto.
(b) When a county election officer receives
from a voter either an application or a mail ballot envelope, the county
election official shall conduct signature verification as follows:
(1) If the signature matches the voter's
signature on file, the application or mail ballot envelope shall be processed
pursuant to K.S.A. 25-1134, K.S.A. 25-1135, and K.S.A. 25-1136, and amendments
thereto.
(2) If the signature on
the application or mail ballot envelope is inconsistent with the voter's
signature on file or there is no signature, the county election official shall
attempt to contact the voter as follows:
(A)
If the voter's phone number is reasonably available, the county election
official shall attempt to call the voter at least three times. The county
election official shall inform the voter or leave a message with another person
who answered the call or on voice mail of the apparently inconsistent or
missing signature and the way to verify the voter's identity or correct the
missing signature.
(B) The county
election official shall send to the voter by first-class mail a notice
informing the voter of the apparently inconsistent or missing signature, with
instructions on how to verify the voter's identity or correct the missing
signature.
(C) The county election
official may also attempt to contact the voter by any other means, including
electronic mail or personal visit at the voter's residence.
(c) The county election
official shall record the following:
(1)
(A) For contact by phone, the date, time, and
phone number for each call and specification of whether instructions were left
by voice mail, by conversation with the voter, or by conversation with another
individual;
(B) for contact by
mail, the date the letter was sent to the voter, the address to which the
letter was sent, and a copy of the letter; or
(C) for other means of contact, a general
description of the means of voter contact; and
(2) for all means of contact, specification
of whether the voter corrected the missing or inconsistent signature.
(d) If a voter receives notice of
a signature that is inconsistent with the voter's signature on file, the
signature deficiency may be corrected as follows:
(1) On a mail ballot envelope, by providing
an updated signature consistent with the signature on file at any time until
the commencement of the county board of canvassers; or
(2) on an application, by providing an
updated signature consistent with the signature on file at any time through the
Tuesday of the week preceding the election.
(e) If a voter receives notice of a missing
signature, the signature deficiency may be corrected as follows:
(1) On a mail ballot envelope, by appearing
in person before a county election official and providing a signature at any
time until the commencement of the county board of canvassers; or
(2) on an application, by submitting a new
application with a signature or by appearing in person before a county election
official and providing a signature at any time through the Tuesday of the week
preceding the election.
(f) Before performing signature verification,
the county election official shall complete training approved by the secretary
of state on procedures to determine whether a voter's signature is consistent
with the signature in the voter registration database.
(g) When conducting signature verification,
the following shall apply:
(1) The voter's
signature shall be compared to as many recorded signatures as possible from the
voter registration database.
(2)
Signature verification may occur by electronic device or by human
inspection.
(3) All signatures that
match those in the voter registration database shall be accepted.
(4) Before a signature on any application or
mail ballot envelope is deemed inconsistent, at least two election officials
who have been trained by the secretary of state shall agree that the signatures
are inconsistent.
(5) Signature
verification shall not be required if a voter has a disability preventing the
voter from signing the ballot or preventing the voter from having a signature
that matches the voter's registration form.