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Kansas Statutes Annotated

K.S.A. § 25-2416 (2026)

Voting without being qualified

✓ current as of May 2026
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25-2416. Voting without being qualified. (a) Voting without being qualified is knowingly voting or attempting to vote without being qualified:

(1) In any election district when not a lawfully registered voter in such election district; or

(2) at any election by a person who is not a citizen of the United States or who does not otherwise meet the qualifications of an elector.

(b) Voting without being qualified or attempting to vote without being qualified is a severity level 7, nonperson felony.

(c) The provisions of K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to vote without being qualified pursuant to this section.

History: L. 1974, ch. 157, § 10; L. 2015, ch. 87, § 5; July 1.

CASE ANNOTATIONS

1. Cited; law on voting absentee ballot for another (K.S.A. 25-1124) applied. Lambeth v. Levens, 237 Kan. 614, 618, 702 P.2d 320 (1985).

2. Cited; constitutionality of mail ballot election act (K.S.A. 25-431 et seq.) examined and upheld. Sawyer v. Chapman, 240 Kan. 409, 414, 415, 729 P.2d 1220 (1986).


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Notes of Decisions
Cited in 4 cases, 1985–2016 · leading case: Fish v. Kobach, 189 F. Supp. 3d 1107 (D. Kan. 2016).
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Fish v. Kobach, 189 F. Supp. 3d 1107 (D. Kan. 2016). · cites it 2× “And the State can prosecute noncitizens who register to vote under K.S.A. § 25-2416. The evidence shows that the DMV clerks currently ask applicants if they are United States citizens, and they check a box if the applicant responds affirmatively.”
Lambeth v. Levens, 702 P.2d 320 (Kan. 1985). “K.S.A. 25-2416(b) makes it illegal to vote or attempt to vote more than once at the same election.”
Cure v. Bd. of Hodgeman Cnty. Comm'rs, 952 P.2d 920 (Kan. 1998). “Its legality depended on whether she cast the absentee vote in accordance with her husband’s wishes; if not, she in effect voted twice in violation of K.S.A. 25-2416(b), which made it illegal to vote more than once in the same election.”
Sawyer v. Chapman, 729 P.2d 1220 (Kan. 1986). · cites it 2× “25-2412 (election forgery), K.S.A. 25-2416 (voting without being qualified), and K.”
— K.S.A. § 25-2416(b) — 2 cases
Lambeth v. Levens, 702 P.2d 320 (Kan. 1985). “K.S.A. 25-2416(b) makes it illegal to vote or attempt to vote more than once at the same election.”
Cure v. Bd. of Hodgeman Cnty. Comm'rs, 952 P.2d 920 (Kan. 1998). “Its legality depended on whether she cast the absentee vote in accordance with her husband’s wishes; if not, she in effect voted twice in violation of K.S.A. 25-2416(b), which made it illegal to vote more than once in the same election.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.