Kansas Eliminate Revision of Census Population Amendment (2019)
| Kansas Revision of Census | |
|---|---|
 | |
| Election date November 5, 2019 | |
| Topic Census | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
The Kansas Eliminate Revision of Census Population Amendment was on the ballot in Kansas as a legislatively referred constitutional amendment on November 5, 2019. The ballot measure was approved.
| A yes vote supported ending the state's practice of adjusting the U.S. Census population regarding military personnel and students when redistricting the Kansas State Legislature. |
| A no vote opposed this amendment, thus continuing the state's practice of adjusting the U.S. Census population regarding military personnel and students for state legislative redistricting. |
Election results
|
Kansas Eliminate Revision of Census Population Amendment |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
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203,572 | 59.69% | ||
| No | 137,483 | 40.31% | ||
Overview
What did the ballot measure change about redistricting?
As of 2019, the Kansas Constitution required the state legislature to apportion state legislative districts based on the most recent U.S. Census, with an adjustment to (1) exclude nonresident military personnel stationed in Kansas and nonresident students and (2) include resident military personnel and resident students in the district of their permanent residence. The ballot measure eliminated the requirement to adjust the census population for state legislative apportionment.[1]
Secretary of State Scott Schwab (R), who supported the ballot measure, said the state would spend an estimated $834,000 to adjust the 2020 U.S. Census. He said the state would have needed to hire a private consultant for the adjustment, who would contact military personnel and students and ask them about their permanent residencies.[2] In 2011, Secretary of State Kris Kobach reported that the adjustment cost $198,928.[3]
How did the adjustment affect the population for legislative redistricting?
Following the 2010 U.S. Census, the state adjusted the population for legislative redistricting. Overall, 15,577 state residents were counted in different counties, and 13,673 people were eliminated from the count. Riley County, Douglas County, and Ellis County saw the largest percentage decreases in population due to the adjustment. Riley County included the U.S. Army's Fort Riley and Kansas State University. Douglas County included the University of Kansas. Ellis County included Fort Hays State University and North Central Kansas Technical College.
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ |
The purpose of this amendment is to eliminate the adjustment of census taken by the United States census bureau regarding nonresident military personnel and nonresident students when reapportioning the Kansas senate and house of representatives. A vote for this proposition would eliminate the adjustment of census taken by the United States census bureau regarding nonresident military personnel and nonresident students when reapportioning the Kansas senate and house of representatives. A vote against this proposition would continue in effect the requirement for the adjustment of census taken by the United States census bureau regarding nonresident military personnel and nonresident students when reapportioning the Kansas senate and house of representatives.[4] |
” |
Constitutional changes
- See also: Article 10, Kansas Constitution
The measure amended Section 1 of Article X of the Kansas Constitution. The following struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
a. At its regular session in 1989, the legislature shall by law reapportion the state representative districts, the state senatorial districts or both the state representative and senatorial districts upon the basis of the latest census of the inhabitants of the state taken by authority of chapter 61 of the 1987 Session Laws of Kansas. At its regular session in 1992, and at its regular session every tenth year thereafter, the legislature shall by law reapportion the state senatorial districts and representative districts on the basis of the population of the state as established by the most recent census of population taken and published by the United States census bureau of the census. Senatorial and representative districts shall be reapportioned upon the basis of the population of the state adjusted:
(1) To exclude nonresident military personnel stationed within the state and nonresident students attending colleges and universities within the state; and
(2) To include military personnel stationed within the state who are residents of the state and students attending colleges and universities within the state who are residents of the state in the district of their permanent residence. Bills reapportioning legislative districts shall be published in the Kansas register immediately upon final passage and shall be effective for the next following election of legislators and thereafter until again reapportioned.
b. Within 15 days after the publication of an act reapportioning the legislative districts within the time specified in (a), the attorney general shall petition the supreme court of the state to determine the validity thereof. The supreme court, within 30 days from the filing of the petition, shall enter its judgment. Should the supreme court determine that the reapportionment statute is invalid, the legislature shall enact a statute of reapportionment conforming to the judgment of the supreme court within 15 days.
c. Upon enactment of a reapportionment to conform with a judgment under (b), the attorney general shall apply to the supreme court of the state to determine the validity thereof. The supreme court, within 10 days from the filing of such application, shall enter its judgment. Should the supreme court determine that the reapportionment statute is invalid, the legislature shall again enact a statute reapportioning the legislative districts in compliance with the direction of and conforming to the mandate of the supreme court within 15 days after entry thereof.
d. Whenever a petition or application is filed under this section, the supreme court, in accordance with its rules, shall permit interested persons to present their views
e. A judgment of the supreme court of the state determining a reapportionment to be valid shall be final until the legislative districts are again reapportioned in accordance herewith.[4]
Readability score
- See also: Ballot measure readability scores, 2019
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
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Support
Supporters
Arguments
- Secretary of State Scott Schwab (R) said, "The adjustment requirement is burdensome, antiquated and expensive. ... Kansas is the only state in the nation that continues to adjust census numbers. I think this provision of the constitution is a waste."[2]
Opposition
Ballotpedia did not identify committees, organizations, or individuals opposing the ballot measure.
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
There were no ballot measure committees registered in support of the measure or in opposition to the measure.[7]
Media editorials
- See also: 2019 ballot measure media endorsements
Support
- The Pratt Tribune: “A constitutional amendment stands to save nearly a million taxpayer dollars by eliminating a costly and largely pointless bureaucratic exercise. ... Kansans should vote yes on this common-sense measure, passed with broad bipartisan support and favored by Kansas Secretary of State Scott Schwab.”[8]
- The Wichita Eagle: "As Secretary of State Scott Schwab accurately points out, the census adjustment is outdated, expensive and burdensome, costing the state about $830,000 every decade and not affecting the census count in any meaningful way. Kansas is the only state that requires election officials to contact soldiers and students to discern where they want to be counted — at their permanent residences or where they live at the moment — for redistricting purposes."[9]
Opposition
Ballotpedia did not identify media editorial boards in opposition to the ballot measure.
Background
Before use of federal census
Between 1918 and 1979, the state's counties collected their own population data and submitted the data to the State Board of Agriculture. The Kansas State Legislature used the data for redistricting. In 1988, the legislature referred a constitutional amendment to the ballot to use the decennial federal census for redistricting. Voters approved the constitutional amendment, with 63 percent voting in support. The constitutional amendment also required adjusting the U.S. Census population regarding military personnel and students when redistricting.
Impact of adjustment
Around the time of the 2010 U.S. Census, the state government contacted military installations and colleges in Kansas, asking them to collect questionnaires from military personnel and students regarding their permanent residential addresses. The responses resulted in 15,577 people being counted in different counties and the state's population decreasing 13,673. The following map illustrates how the population changed following the adjustment in the state's 105 counties:[3]
Referred amendments on the ballot
From 1995 through 2018, the state legislature referred nine constitutional amendments to the ballot. Voters approved seven and rejected two of the referred amendments. Most of the amendments (7 of 9) were referred to ballots in even-numbered election years. The average number of amendments appearing on an odd-year ballot was between zero and one. The approval rate at the ballot box was 77.8 percent during the 23-year period from 1995 through 2018. The rejection rate was 22.2 percent. One referred amendment was on the ballot in 2016.
| Legislatively-referred constitutional amendments, 1995-2018 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Years | Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum |
| Even years | 7 | 6 | 85.7% | 1 | 14.3% | 0.6 | 0.0 | 0 | 2 |
| Odd years | 2 | 1 | 50.0% | 1 | 50.0% | 0.2 | 0.0 | 0 | 1 |
| All years |
9 | 7 | 77.8% | 2 | 22.2% | 0.4 | 0.0 | 0 | 2 |
Path to the ballot
- See also: Amending the Kansas Constitution
In Kansas, a two-thirds vote of each chamber of the Kansas State Legislature during one legislative session is required to refer a constitutional amendment to the ballot for voter consideration.
The Ethics, Elections, and Local Government Committee of the Kansas State Senate introduced the constitutional amendment into the state legislature as Senate Concurrent Resolution 1605 (SCR 1605) on February 6, 2019.[1]
On March 14, 2019, the state Senate passed SCR 1605 in a unanimous vote. On March 27, 2019, the state House passed SCR 1065. In the House, the vote was 117-7.[1]
With approval in the Senate and House, SCR 1605 was referred to the ballot for the election in November 2019.[1]
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How to cast a vote
- See also: Voting in Kansas
Poll times
Unless otherwise set by the county, polls in Kansas open at 7:00 a.m. and close at 7:00 p.m. Central time (6:00 a.m. to 6:00 p.m. Mountain time). Counties are given the discretion to open polls as early as 6 a.m. and close polls as late as 8 p.m. Central time (5 a.m. to 7 p.m. Mountain time). Polls must be open for a minimum of 12 consecutive hours and may not close before 7 p.m. Central time (6 p.m. Mountain time).[10] An individual who is in line at the time polls close must be allowed to vote.[11]
Registration requirements
- Check your voter registration status here.
To vote in Kansas, one must be a citizen of the United States and a resident of Kansas. In order to register, an individual must be least 18 years old before the next election. Voters must register at least 21 days prior to Election Day. Registration can be done by completing and returning an application, either in person or by mail. Registration may also be completed online.[12]
On June 18, 2018, a federal judge struck down a Kansas law requiring citizens to present proof of citizenship when registering to vote. A federal appeals court subsequently affirmed that decision. For more information, see below.
Automatic registration
Kansas does not practice automatic voter registration.
Online registration
- See also: Online voter registration
Kansas has implemented an online voter registration system. Residents can register to vote by visiting this website.
Same-day registration
Kansas does not allow same-day voter registration.
Residency requirements
To register to vote in Kansas, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.
Verification of citizenship
Kansas does not require voters to provide proof of citizenship at the time of voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, an applicant who provides false information "may be convicted and sentenced to up to 17 months in prison."[13]
A Kansas state law that went into effect in 2013 required voters to provide proof of U.S. citizenship when registering to vote. However, the provision was challenged in court and on June 18, 2018, Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down the proof of citizenship requirement and ordered Secretary of State Kris Kobach (R) to stop enforcing the rule. On June 20, 2018, Kobach’s office advised county clerks to comply with Robinson’s order. Kobach appealed the decision to the United States Court of Appeals for the Tenth Circuit, which heard oral arguments on March 18, 2019. On April 29, 2020, a Tenth Circuit panel affirmed the district court's ruling.[14][15][16][17]
All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[18] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.
Verifying your registration
The site Voter View, run by the Kansas Secretary of State office, allows residents to check their voter registration status online.
Voter ID requirements
Kansas requires voters to present photo identification while voting.[19]
Voters can present the following forms of identification:
- Driver's license or nondriver's identification card issued by Kansas or by another state or district of the United States
- Concealed carry of handgun license issued by Kansas or a concealed carry of handgun or weapon license issued by another state or district of the United States
- United States passport
- Employee badge or identification document issued by a municipal, county, state, or federal government office
- Military identification document issued by the United States
- Student identification card issued by an accredited postsecondary institution of education in the state of Kansas
- Public assistance identification card issued by a municipal, county, state, or federal government office
- Identification card issued by an Indian tribe
A photo ID does not need to have an expiration date, but, if it does have an expiration date, it must not have expired at the time of voting. If the voter is over the age of 65, he or she can use an expired ID.[19]
The following voters are exempt from providing photo ID:[19]
- Military and overseas citizens who vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
- Voters who vote in mail ballot elections, which are limited to local jurisdictions holding special question-submitted elections
- Voters who are accepted to the permanent advance voting list
- Any voter who objects to having his or her photo taken because of his or her religious beliefs. The voter can complete and sign the Declaration of Religious Objection form.
Voters who do not have a photo ID can obtain one for free through the Division of Vehicles, Kansas Department of Revenue. The voter must provide proof of identity and proof of residence. The voter must also sign an affidavit. Voters can access the Certification Requesting Fee Waiver for Nondriver Identification Card form at all driver's license offices, county election offices, and on the secretary of state's website. If a voter does not have the proper documents to obtain a nondriver ID card, he or she can obtain a Kansas birth certificate from the Kansas Office of Vital Statistics for free. Voters can also apply for a free State Voter Identification Document. Voters should contact the election division of the secretary of state's office at election@sos.ks.gov or (800) 262-VOTE to apply.[19]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Kansas State Legislature, "SCR 1605," accessed March 16, 2019
- ↑ 2.0 2.1 The Hays Daily News, "Constitutional amendment seeks end to Kansas’ population adjustments for redistricting," February 14, 2019
- ↑ 3.0 3.1 Kansas Secretary of State, "Adjustment to the 2010 U.S. Decennial Census," July 26, 2011
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ The Topeka Capital-Journal, "Senate passes constitutional amendment to end tweaks of census data for redistricting," March 14, 2019
- ↑ KAKE, "Kansas could end unusual census adjustment for redistricting," October 27, 2019
- ↑ Kansas Secretary of State, "Campaign Finance," accessed April 1, 2019
- ↑ The Pratt Tribune, “Editorial: Vote ‘yes’ to end costly census adjustment,” October 26, 2019
- ↑ The Wichita Eagle, "The Eagle’s endorsements for Wichita City Council, school board and census amendment," October 28, 2019
- ↑ Kansas Office of Revisor of Statutes, "25-106. Hours of voting; change of hours, how made; rules and regulations," accessed November 4, 2024
- ↑ State of Kansas Secretary of State, “Frequently Asked Questions” accessed July 25, 2024
- ↑ Kansas Office of the Secretary of State, "Kansas Voter Registration Instructions," accessed July 25, 2024
- ↑ Kansas Secretary of State, "Kansas Voter Registration Application," accessed November 1, 2024
- ↑ United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
- ↑ The Topeka Capital-Journal, "Kobach's office tells counties to stop asking for proof of citizenship," June 20, 2018
- ↑ AP News, "Kansas hopes to resurrect proof-of-citizenship voting law," March 18, 2019
- ↑ United States Court of Appeals for the Tenth Circuit, "Fish v. Schwab: Opinion and Order," April 29, 2020
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 19.0 19.1 19.2 19.3 Kansas Secretary of State, "Elections - FAQ," accessed July 25, 2024
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