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Bill

SB 394

House Substitute for SB 394 by Committee on Elections - Relating to signature verification for advance voting ballots, concerning court orders that invalidate or enjoin signature verification triggering a return to allowing advance voting only if certain conditions exist, establishing venue in the district court in Shawnee county for all constitutional challenges to election laws.

2025-2026 Regular Session

Kansas bill conditionally repeals advance voting if courts invalidate signature verification, eliminating mail-in ballot options for voters unless federal law requires them.

Died on House Calendar
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Bill Summary · SB 394

Legislative bill overview

SB 394 clarifies signature verification requirements for advance voting ballots in Kansas and creates a conditional repeal mechanism. If a court issues a final, non-appealable order invalidating the state's signature verification requirements, the bill would repeal all advance voting statutes except those mandated by federal law.

Why is this important

Signature verification is a central election security mechanism used to prevent fraud in mail-in voting. This bill essentially creates a legal trigger that would eliminate advance voting options for Kansas voters if courts determine the state's verification methods are unconstitutional or otherwise invalid—potentially affecting hundreds of thousands of voters who rely on mail-in ballots.

Potential points of contention

  • Election access vs. security trade-off: Repealing advance voting could disenfranchise voters with disabilities, work conflicts, or travel obligations who depend on mail-in options, even if only signature verification is problematic
  • Vagueness on "final order": The phrase "final order or judgment which is not subject to appeal" may create ambiguity about what constitutes an appealable vs. non-appealable decision in complex litigation
  • Remedy mismatch: Rather than fixing signature verification procedures, this approach eliminates the entire advance voting system, which may be an disproportionate response to a technical requirement issue

Compiled from official sources — confirm details with the bill’s official record.

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