25-2909. Voting by persons requiring assistance; disability, definition of. - Kansas Statutes

25-2909

Chapter 25.--ELECTIONS Article 29.--VOTING PROCEDURE

      25-2909.   Voting by persons requiring assistance;disability, definition of.(a) Any voter unable to mark such person's ballot byreason of temporary illness,disability or lack of proficiency in reading theEnglish language or any voter 65 or more years of age may requestassistance in voting.

      (b)   Upon request as provided in subsection (a), the voter shall beaccompanied to the voting booth by a person chosen by the voter or, if noperson is chosen, by two members of the election board of different politicalparties, who shall mark the ballot as such voter directs.

      (c)   Avoter with a disability shall be permitted to vote as provided by law forprovisional voters.

      (d)   A voter with a disability may requestthat such person's ballot be broughtto the entrance to such voting place, or outside the voting place at alocation within a radius of 250 feet from the entrance thereof, for thepurpose of allowing suchvoter to vote. Two members of the election board of different politicalparties shall take a ballot to the voter so requesting and shall remain withsuch voter while such person votes. In voting placeswhere paper ballots are used, such board members shall deposit such voter'sballot in the ballot box. In voting places where voting machines are used, suchvoter shall vote on an electronic voting machine or advance votingballot.Any such ballot, together with objected to and provisional ballots, shallbe packaged in accordance with K.S.A. 25-3008, and amendments thereto.

      (e)   "Disability", with respect to an individual, means:

      (1)   A physical or mental impairment that substantially limits one or more ofthe major life activities of such individual;

      (2)   a record of such an impairment; or

      (3)   being regarded as having such an impairment.

      Intoxication shall not be regarded as a disability.

      History:   L. 1968, ch. 406, § 22; L. 1975, ch. 214,§ 1; L. 1976, ch. 188, § 2; L. 1983, ch. 121, § 2;L. 1995, ch. 192, § 46;L. 1996, ch. 187, § 17;L. 2004, ch. 93, § 7; July 1.