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§ 1. Qualifications of electors. Every citizen of the United States who has attained the age of eighteen years and who resides in the voting area in which he or she seeks to vote shall be deemed a qualified elector. Laws of this state relating to voting for presidential electors and candidates for the office of president and vice-president of the United States shall comply with the laws of the United States relating thereto. A citizen of the United States, who is otherwise qualified to vote in Kansas for presidential electors and candidates for the offices of president and vice-president of the United States may vote for such officers either in person or by absentee ballot notwithstanding the fact that such person may have become a nonresident of this state if his or her removal from this state occurs during a period in accordance with federal law next preceding such election. A person who is otherwise a qualified elector may vote in the voting area of his or her former residence either in person or by absentee ballot notwithstanding the fact that such person may have become a nonresident of such voting area during a period prescribed by law next preceding the election at which he or she seeks to vote, if his new residence is in another voting area in the state of Kansas.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 57; L. 1917, ch. 353, § 1; L. 1962, ch. 33, § 1; L. 1971, ch. 351, § 1; L. 1974, ch. 462, § 1; August 6, 1974.

Cross References to Related Sections:

See Chapter 25, Article 18.

See U.S. Constitution Amendment 26.

Law Review and Bar Journal References:

Cited in note concerning equal protection prohibiting a state from canceling voter registration for failure to vote, 21 K.L.R. 224, 235 (1973).

Brown v. Board of Education: An Irish Perspective: 'The Better Angels of Our Nature', Raymond J. Friel, 43 W.L.J. 225 (2004).

Attorney General's Opinions:

County commissioners; vacancies. 79-267.

Registration of voters; purging of registration lists. 80-93.

Irrigation; districts; qualifications of voters at district elections. 80-100.

Elections; registration of voters; registration by naturalized citizens. 80-266.

Cities, third class; election, appointment and removal of officers; qualifications of officers. 82-18.

Legislative article; qualifications of candidates for nomination or election to Legislature. 82-113.

Change from city of third class to city of second class; effect on township's authority. 82-237.

Cities of the third class; election, appointment and removal of officers; qualifications of officers; qualified elector; provision nonuniform. 85-25.

County commissioners; vacancies; residence requirements; rearrangement of commissioner districts. 86-121.

Bond elections; suffrage; qualifications of electors. 87-72.

Townships and township officers; hospitals and health care facilities; hospitals; qualifications of board members. 87-151.

Qualifications of city officers of city of third class; vacancies. 90-66.

Persons living in federal enclaves deemed qualified electors; voter registration; state income tax obligation. 94-20.

Powers and duties of county commissioners; rearrangement of commissioner districts. 94-51.

Voter registration; application form; alteration by applicant. 95-27.

CASE ANNOTATIONS

1. Residence not gained while in state in employ of United States; persons not disqualified simply because soldiers or officers of army. Hunt v. Richards, 4 Kan. 549, 554.

2. Person must be resident of ward at least thirty days. Anthony v. Halderman, 7 Kan. 50, 62.

3. Section did not prohibit legislature granting women the right to vote in elections for school district treasurer. Wheeler v. Brady, 15 Kan. 26, 30 (1875).

4. Elector must vote in township or ward where he resides. The State, ex rel., v. Stock, 38 Kan. 154, 180, 16 P. 106.

5. Inmates of soldiers' home acquire no residence as voters there. Lawrence v. Leidigh, 58 Kan. 594, 597, 50 P. 600. Overruled: Cory v. Spencer, 67 Kan. 648, 651, 73 P. 920.

6. Member of soldiers' home not deprived of acquiring residence there. Cory v. Spencer, 67 Kan. 648, 651, 73 P. 920.

7. State officer may abandon former residence and gain new residence. Uhls v. Allard, 69 Kan. 825, 827, 77 P. 572.

8. Electors defined by constitution are electors entitled to vote. The State, ex rel., v. Doane, 98 Kan. 435, 438, 158 P. 38.

9. Non-citizen enemies not entitled to vote. The State, ex rel., v. Covell, 103 Kan. 754, 755, 175 P. 989.

10. Right of suffrage is restricted to citizens. State, ex rel., v. Irey, 116 Kan. 21, 225 P. 1050.

11. Section cited in determining qualified electors to petition for abandonment of manager plan. State, ex rel., v. Dunn, 118 Kan. 184, 235 P. 132.

12. Form of pardon restoring right to vote considered. In re Eggleston, 118 Kan. 381, 234 P. 970.

13. Requiring declaration of party affiliations before being given ballot violates section. State, ex rel., v. Beggs, 126 Kan. 812, 271 P. 400.

14. Voters in school election held disqualified for lack of residence. Gentry v. Hornung, 136 Kan. 340, 341, 15 P.2d 445.

15. Section construed in holding absentee-voters statutes constitutional. Lemons v. Noller, 144 Kan. 813, 814, 820, 822, 824, 829, 63 P.2d 177.

16. Cited; commissioners' report in ouster proceedings. State, ex rel., v. Burr, 151 Kan. 383, 384, 99 P.2d 742.

17. Residents on lands ceded to United States may not vote at precincts established prior to cession. Herken v. Glynn, 151 Kan. 855, 860, 881, 101 P.2d 946; apparently overruled by Evans v. Cornman, 398 U.S. 419, 26 L.Ed.2d 370, 90 S. Ct. 1752.

18. Discussed and applied where determination of residence necessary in election contest. Hansen v. Lindley, 152 Kan. 63, 67, 102 P.2d 1058.

19. Absentee voters' act held valid although no provision for challenging voter. Burke v. State Board of Canvassers, 152 Kan. 826, 833, 843, 849, 107 P.2d 773.

20. Discussed in holding school district voter qualified. Littell v. Millemon, 154 Kan. 670, 673, 674, 121 P.2d 233.

21. Citizen may change residence temporarily or permanently; acts and intentions govern. State, ex rel., v. Corcoran, 155 Kan. 714, 719, 128 P.2d 999.

22. Applied in determining qualification of electors in county seat relocation election. Wycoff v. Board of County Commissioners, 191 Kan. 658, 670, 383 P.2d 520.

23. Water district law held not to contravene this section. Water District No. 1 v. Robb, 182 Kan. 2, Syl. 1, 318 P.2d 387.

24. Mentioned; state act providing for distribution of 20 "extra" representatives unconstitutional. Harris v. Shanahan, 192 Kan. 183, 188, 387 P.2d 771.

25. Conferral of right to vote by constitutions mentioned (dissenting opinion). Harris v. Anderson, 194 Kan. 302, 345, 400 P.2d 25. Certiorari denied: 382 U.S. 894, 86 S. Ct. 185, 15 L.Ed.2d 150.

26. Cited; qualifications and selection of jury considered. State v. Stanphill, 206 Kan. 612, 618, 481 P.2d 998.

27. Rational state policy justified districts differing in population under state census; no proof of discrimination in taking census. Winter v. Docking, 373 F. Supp. 308.

28. Address of registered elector need not be address listed on voter registration card if elector resides in correct precinct. Cline v. Meis, 21 Kan. App. 2d 622, 635, 905 P.2d 1072 (1995).