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§ 2. Disqualification to vote. The legislature may, by law, exclude persons from voting because of commitment to a jail or penal institution. No person convicted of a felony under the laws of any state or of the United States, unless pardoned or restored to his civil rights, shall be qualified to vote.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 57; 1867 Senate Journal, p. 550; L. 1974, ch. 462, § 1; L. 2010, ch 174, § 1; November 2, 2010.

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).

Attorney General's Opinions:

Removal of voters' names from registration lists; basis for removal; conviction of felony; constitutionality. 93-68.

CASE ANNOTATIONS

1. Section cited in considering person eligible to hold office. Wright v. Noell, 16 Kan. 601, 606.

2. Involuntary service in rebel army does not render candidate ineligible. Privett v. Stevens, 25 Kan. 275.

3. Eligible if disqualification removed after election but before taking office. Privett v. Bickford, 26 Kan. 52, 55.

4. Section valid under section 10, article 1, United States constitution. Boyd v. Mills, 53 Kan. 594, 601, 37 P. 16.

5. Rights of person convicted of felony out on parole considered. The State v. Marshall, 95 Kan. 628, 631, 148 P. 675.

6. Promises of appointment to office; bribery; illegal votes not counted. Hunt v. Gibson, 99 Kan. 371, 161 P. 666.

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

8. Sections considered in determining right of Legislature to name qualifications of county superintendents. Jansky v. Baldwin, 120 Kan. 332, 243 P. 302. Rehearing denied: 120 Kan. 728, 244 P. 1036.

9. Cited in holding absentee-voters acts within legislative power and valid. Lemons v. Noller, 144 Kan. 813, 824, 63 P.2d 177.

10. 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.