Kelly allows Kansas election official impersonation bill to become law
A bill passed into law that changes the legal requirements for a person to be charged with impersonating an election official last month.
The measure adds a specific intent requirement for prosecuting individuals accused of falsely posing as an election official. Previous law allowed for prosecution for impersonation based on how their actions were perceived, even without proof that they intended to deceive. The crime is still classified as a level 7 nonperson felony.
Gov. Laura Kelly allowed the bill to be passed into law without her signature. Kelly said in a statement that she had concerns with the section dealing with impersonation of election officials.
“While this bill cleans up some of the ambiguity and uncertainty regarding the crime of impersonating an election official, it is still unclear about what actions are prohibited,” Kelly said. “It uses the term ‘engaging in conduct’ but only provides one specific example, making it still difficult to discern what is allowed and what could lead to criminal charges.”
False representation of an election official now requires a person to knowingly act with intent to deceive, including by using phone, email, websites, or official seals or insignia to impersonate the secretary of state, county election officers, or their employees.
Davis Hammet, president of advocacy organization Loud Light, opposed similar language when it appeared in Senate Bill 258 earlier this session, saying it could criminalize protected free speech and confuse voters, law enforcement, and civic groups. Hammet said the core issue remains unresolved with HB 2056.
“If legislators are unable to readily explain the criminal ‘conduct’ that is beyond ‘representing oneself,’ then citizens cannot be expected to make such interpretations,” Hammet said.
The impersonation provisions in the bill are a response to a 2021 law that was partially struck down by the Kansas Supreme Court for being overly broad and unconstitutional, according to Hammet’s testimony. The court issued a permanent injunction blocking two sections of the original statute, ruling they criminalized constitutionally protected speech.
The bill also changes election candidacy law. Candidates are no longer allowed to seek the nominations of multiple political parties.
Kansas election officials identified two nomination loopholes during the 2024 cycle — one involving a candidate being nominated by a minor party without consent, and another where a candidate who lost in the primary reappeared under a minor party in the general election. House Bill 2056 aims to close these gaps by requiring candidates to commit to a single path and formally accept party nominations, according to Deputy Secretary of State Clay Barker.
“The Secretary of State introduced HB 2056 to address two separate but related issues that arose in the 2024 election cycle,” Barker said in his testimony. “HB 2056 requires candidates to select only one method of nomination. For example, a candidate would need to completely abandon a minor party nomination before the person could file to run in a major party primary. This prevents a candidate from losing a major party primary and then running again in the general election as a minor party candidate.”
Candidates nominated by a political party through convention must now formally accept the nomination with a notarized declaration. Once nominated, they’re barred from seeking the same office through another path — such as switching parties or filing as an independent — unless they formally withdraw from one method before the state’s filing deadline.
Tyler Kirby is a University of Kansas senior from Overland Park, studying journalism and political science.