The other election bill vetoed by Kelly, HB 2618, stands a better chance of becoming law. The measure passed the Senate 26-13 and the House 83-40.

The bill would limit the ability of government officials to accept federal funding related to elections, an attempt to limit the ability of President Joe Biden or another Democratic presidential administration to direct dollars into Kansas elections. It blocks officials from using federal dollars for activities related to election administration, including voter registration and voter assistance.

The measure also changes the state crime involving impersonating an election official, which is currently under review at the Kansas Supreme Court. State law currently criminalizes behavior that “gives the appearance” or “cause another person to believe” you are an election official. Justices appeared skeptical of the law when they heard oral arguments in February.

The vetoed legislation would remove “engaging in conduct that gives the appearance of being an election official” from the list of behavior that constitutes impersonating an election official. It would also add a requirement that the crime requires intent to cause someone else to believe you are an election official. The changes are intended to undercut the Kansas Supreme Court’s looming decision.

“We can never rest on our laurels when it comes to the security of Kansas elections. These common-sense pieces of legislation simply shore up current election laws and ensure the federal government isn’t putting its thumb unfairly on the scale in either direction,” House Speaker Dan Hawkins, a Wichita Republican, said in a statement.

Hawkins said House Republicans would “continue fighting” to keep elections secure and ensure voter confidence. But unlike other statements on Friday in response to vetoes, he did not promise a veto override attempt.

End to grace period?

The Legislature will meet for potentially several weeks in a wrap-up session and GOP lawmakers may try to pass one final election bill, which would stop mailed ballots that arrive after Election Day from being counted. Currently, ballots postmarked by Election Day count if they arrive within three days.

SB 14 would end the grace period, but require election officials to send advanced ballots two days earlier than they currently do. It would also require Kansas voters to register to vote two days earlier, eliminate in-person advance voting the day before an election and require election officials to offer in-person advance voting for four hours the Saturday before an election. Many of the changes would not take effect until 2025.

The House passed the bill 73-48, but it fell one vote short in a 20-19 Senate vote. Legislative negotiators will continue working on the bill and it’s possible a similar version could pass. Still, Kelly will likely veto the measure and supporters appear far short of the votes necessary for an override.

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