20-122. Same; certified roster of attorneys; certificate evidencing qualifications and voting; separate envelopes; preservation of ballots and certificates; information to secretary of state; open records. (a) The clerk of the supreme court shall use the certified roster of attorneys licensed to practice law in Kansas, as provided to the secretary of state pursuant to K.S.A. 2021 Supp. 20-170, and amendments thereto, for ascertaining the names and places of residence of those entitled to receive ballots and for ascertaining the qualifications of those nominated for membership on the commission. The clerk shall supply with each ballot distributed a certificate to be signed and returned by the member of the bar voting such ballot, evidencing the qualifications of such member of the bar to vote, including the name and residential address of such member of the bar, and certifying that the ballot was voted by the certifying voter.
(b) In order to ensure that the vote cast may be secret, the clerk shall provide a separate envelope for the ballot, in which the voted ballot only shall be placed, and the envelope containing the voted ballot shall be placed in another envelope, also to be supplied by the clerk, together with the signed certificate. A ballot not accompanied by the signed certificate of the voter shall not be counted. When the voted ballots are received by the clerk they shall be separated from the certificates by the canvassers, and after the ballots are counted and the results certified, the ballots shall be preserved by the clerk for a period of six months and the certificates shall be preserved by the clerk for a period of five years. No one shall be permitted to inspect the ballots received pursuant to this section except on order of the supreme court. Unless otherwise ordered by the supreme court, at the end of such six-month period the clerk shall destroy the ballots received pursuant to this section, and at the end of such five-year period, the clerk shall destroy the certificates received pursuant to this section.
(c) Within 14 days after the results of a selection are certified pursuant to this section, the clerk of the supreme court shall: (1) Create a list designating the position and year for which the selection was held and containing the names and residential addresses of all persons who returned a ballot with a signed certificate as described in subsection (b); and (2) transmit a certified copy of the list to the secretary of state. The list described in this subsection shall be transmitted in a format prescribed by the secretary of state. Upon receipt of the list described in this subsection, the secretary of state shall append the information contained therein to the roster for such selection as described in K.S.A. 2021 Supp. 20-170, and amendments thereto.
(d) Notwithstanding any other provision of law, the certificates received for a selection pursuant to this section shall be disclosed upon proper request submitted to the clerk of the supreme court pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(e) Notwithstanding any other provision of law, the lists described in subsection (c) shall be disclosed upon proper request submitted to the clerk of the supreme court or to the secretary of state pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(f) The provisions of this section shall apply to all selections held under K.S.A. 20-119 and 20-120, and amendments thereto, which have not been canvassed pursuant to K.S.A. 20-130, and amendments thereto, regardless of whether such selections are scheduled, upcoming or pending as on the effective date of this act*.
History: L. 1959, ch. 158, § 4; L. 2003, ch. 99, § 3; L. 2016, ch. 93, § 4; July 1.
* "This act" means L. 2016, ch. 93.
Structure Kansas Statutes
20-101 Court of record; jurisdiction; administrative authority; duties of chief justice.
20-101a Original jurisdiction in legislative apportionment cases.
20-105 Qualifications of justices.
20-108 Carrying out appellate court judgments and decrees by district courts.
20-115 Fees to state general fund.
20-116 Supplies; requisitions.
20-119 Supreme court nominating commission; selection of chairperson.
20-120 Same; selection of member from each congressional district.
20-121 Same; tie votes resolved by lot.
20-124 Same; appointment of nonlawyer members; vacancies.
20-126 Same; uncontested elections.
20-127 Same; change in status affecting membership; vacancies.
20-128 Same; appointment by chief justice to fill vacancy of lawyer member, when; certification.
20-129 Same; congressional redistricting; effect; staggered terms.
20-130 Same; canvassers of elections; duties.
20-131 Same; additional term for members.
20-132 Same; vacancies in supreme court; notification of chairman; nominations by commission.
20-133 Same; intent of act; powers and duties of commission.
20-134 Same; withdrawal of nominations and substitution of names, when.
20-135 Same; appointments by chief justice, when.
20-136 Same; acquisition of supplies and equipment.
20-137 Same; compensation of members; expenses.
20-139 Conferences of supreme court justices and certain judges; expenses.
20-152 Judicial study advisory committee; appointment; expenses.
20-155 Supreme court law library; law librarian and other personnel.
20-157 Same; transfer of certain publications, books, records and accounts from state library.
20-158 Budget for judicial branch of state government; preparation; submission.
20-159 Reproduction and preservation of court records; minimum standards.
20-160 Court may adopt rules relating to court records.
20-162 Supreme court to establish judicial personnel classification system; exceptions; contents.
20-163 Official station, justices and court of appeals judges.
20-164 Rules establishing expedited process for support, parenting time and child visitation orders.
20-165 Rules establishing child support guidelines.
20-166 Access to justice fund; expenditures; grant guidelines established by the supreme court.
20-167 Supervision fee for juvenile offender; fees paid to county general fund; waiver.
20-171 Severability of chapter 93 of the 2016 Session Laws of Kansas.