Previous | Next

§ 4. Proof of right to vote. The legislature shall provide by law for proper proofs of the right of suffrage.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 58; L. 1974, ch. 462, § 1; August 6, 1974.

Cross References to Related Sections:

Registration of voters, see Chapter 25, Article 23.

Attorney General's Opinions:

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

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

CASE ANNOTATIONS

1. Majority of votes cast presumed will of majority of electors. County Seat of Linn Co., 15 Kan. 500.

2. Registration law of 1879 enacted in pursuance hereof, and valid. The State v. Butts, 31 Kan. 537, 550, 2 P. 618.

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

4. Cited in holding absentee-voters acts within legislative power and valid. Lemons v. Noller, 144 Kan. 813, 824, 832, 63 P.2d 177.

5. Absentee voters' act held valid although no provision for challenging voter. Burke v. State Board of Canvassers, 152 Kan. 826, 827, 833, 841, 107 P.2d 773.

6. Provisions requiring signature matching of voters and restricting the number of advance voter ballots violate the Kansas Constitution as they impinge upon the right to vote. League of Women Voters of Kansas v. Schwab, 63 Kan. App. 2d 187, 210–14, 525 P.3d 803 (2023).

7. The signature verification requirement is a reasonable effort by the legislature to provide "proper proofs" of the right to be a qualified elector. League of Women Voters of Kansas v. Schwab, 318 Kan. 777, 805, 525 P.3d 803 (2024).