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Kansas House approves law restricting use of federal election funds unless Congress authorizes them

2605071 · March 13, 2025
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Summary

Senate Bill 5 passed the Kansas House 86–37 to prohibit use of federal funds for election administration and related activities unless explicitly authorized by Congress; debate focused on discretionary grants and the potential politicization of election funding.

The Kansas House approved Senate Bill 5, 86 to 37, a measure that prohibits state and local election officials from using funds provided by the federal government for election administration or election-related activities unless those funds are specifically authorized by an act of Congress or otherwise approved by state law.

Supporters said the bill preserves state control over election funding and prevents federal executive-branch actions or agency directives from indirectly dictating state election practices. The bill explicitly preserves preexisting, congressionally authorized funds, such as those provided under the Help America Vote Act (HAVA), and exempts funds that are directly authorized by Congress.

Opponents argued the bill risks politicizing election administration and could block discretionary federal grants that support cybersecurity or outreach efforts if those grants do not flow through the secretary of state’s office. Representative Moseley and others cautioned that restricting federal funds broadly could limit resources for voter education and election security programs. The secretary of state's office provided neutral testimony in committee.

Representative Penn, the bill’s floor carrier, said the statute would not affect HAVA funds and that the policy was intended to keep control of elections and election-related funding at the state level. The House passed the bill on the floor; the recorded vote was 86 in favor and 37 opposed.

What’s next: With House passage, SB 5 returns to the Senate for consideration of House action or for conference if amendments are adopted.