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HB 2056

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2025 Regular Session Introduced by Preston Stinson

Kansas HB 2056 adds an explicit intent element to false representation as an election official, requiring proof the actor intended to make others believe they are an official.

Second Reading referred to Rules
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Bill Summary · HB 2056

Summary — HB 2056 (Senate Substitute) — Kansas (Session of 2025)

Status: Enrolled; will become law without the Governor’s signature (presented 3/31/2025).
Introduced: Jan 24, 2025.
Primary subject: Elections — false representation of an election official (K.S.A. 25-2438).

Main purpose

To revise the criminal offense of falsely representing oneself as an election official by making the offender’s specific intent an explicit element of the crime and by narrowing which acts qualify as criminal conduct.

Key provisions

  • Amends K.S.A. 25-2438 (false representation of an election official).
  • Adds an explicit mens rea requirement: the prohibited conduct must be done with the intent to cause a person to believe the actor is an election official.
  • Removes the statutory phrase criminalizing mere “engaging in conduct that gives the appearance of being an election official.”
  • Clarifies that certain acts — for example, using an official seal or other insignia of the Secretary of State or any county election office in communications with voters — qualify as criminal conduct only when committed with the required intent to make someone believe the actor is an election official.
  • Retains classification and penalty: false representation remains a severity level 7, nonperson felony under Kansas law.
  • (Note: earlier House provisions that would have required notarized acceptance of minor-party nominations and limited persons to accepting one nomination per office were included in the House version but were not retained in the Senate substitute that became the enrolled bill.)

Who is affected

  • Individuals and organizations communicating with voters (including volunteers, campaign operatives, and others) — conduct that intentionally impersonates an election official can now be prosecuted only if the required intent is proven.
  • Law enforcement and prosecutors — must establish the defendant’s specific intent in prosecutions under this statute.
  • Secretary of State and county election officials — may need to update guidance and training to reflect the statutory change.
  • Voters — clarified protection against intentional impersonation by actors using official seals/insignia in communications designed to deceive.

Background and rationale

  • The bill was derived from SB 258 (Senate Federal & State Affairs) and prompted in part by litigation: portions of the prior statute had been enjoined by the Kansas Supreme Court (Dec 2024). Proponents argued adding an intent requirement addresses the Court’s concerns about overbreadth. Opponents (written) argued remaining language could still be vague and could chill civic activities such as voter registration.

Fiscal impact and implementation

  • Fiscal note: negligible. The Office of the Secretary of State expects to use existing resources to update training, manuals, websites, and public materials to reflect the change. Agencies (Judicial Branch, Dept. of Corrections) and local governments report no measurable fiscal effect.

Procedural timeline (selected)

  • Filed: Jan 24, 2025.
  • Passed through House and Senate committees and conference; Conference Committee report adopted March 26–27, 2025.
  • Enrolled and presented to Governor: March 31, 2025; will become law without signature (Apr 10, 2025 entry).

If you want, I can produce the exact before-and-after statutory text (redline) for K.S.A. 25-2438 or draft a short explainer for prosecutors or election officials on how the intent requirement affects charging and proof.

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

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