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Committee considers clarifying law to bar special elections within 45 days before or after primaries and generals

2472336 · March 3, 2025
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Summary

House Bill 2022 would amend Kansas election law to specify the 45‑day prohibition on special elections applies both before and after primary and general elections; supporters cite county workload and federal timeline conflicts, while some local election officials and organizations urged flexibility.

The Kansas Senate Committee on Federal and State Affairs held a hearing in Topeka on House Bill 20 22, which clarifies that a special election may not be held within 45 days before or 45 days after a primary or general election. The bill amends the statutory definition of a special election in KSA 20‑502 and would take effect July 1 if enacted.

Committee staff said the change resolves confusion about whether the 45‑day restriction applied only before a major election. Jason (committee adviser) told members the bill “amends KSA 20 five‑two 502,” explaining that special elections may still be held on the same day as a primary or general election, but not within the 45‑day window on either side.

Clay Barker, general counsel to the Kansas secretary of state, said the 45‑day window prevents overlapping election timelines that can force counties to close registration books in violation of federal requirements and can impose heavy administrative burdens. Barker cited an incident in Atchison in which timelines nearly produced a litigation threat and said the Kansas organization of county clerks and election officers supports the clarification.

Laura Rainwater, Sedgwick County election commissioner, testified in support and urged the committee to go further by designating a single spring date for local special elections so jurisdictions would not hold multiple off‑cycle elections. Rainwater said in 2025 Sedgwick County had four special elections within a three‑month span and that, over the past 10 years, special elections had cost taxpayers “over $300,000.” She described a range of per‑election costs, saying they “can range anywhere from $5,000 up to” and later noting recent special elections “anywhere from $130,000 to $150,000.” She testified that frequent special elections also confuse voters and can reduce turnout and increase provisional ballots.

Committee discussion noted the bill had passed the House on a 19‑0 final vote before arriving in the Senate. Witnesses and senators discussed local control: Leah Filter of the Kansas School Boards Association testified neutrally and said her group preferred flexibility and local scheduling authority; she and others warned that a rigid statewide schedule could create difficulties in some communities. The committee chair noted a separate bill, SB 273, that could be used later to provide specific date options if the committee wished to consolidate scheduling.

No committee vote occurred at the hearing. Sponsors and staff said they would consider amendments and that the committee may later combine date‑specific provisions from other bills if members desire.