K.S.A. » Chapter 25
Kansas Statutes Annotated

K.S.A. § 25-407 (2026)

Rule for determining residence of voter

✓ current as of May 2026
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25-407. Rule for determining residence of voter. The judges of election, in determining the residence of a person offering to vote, shall be governed by this section. "Residence" means the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person has the intention of returning.

History: G.S. 1868, ch. 36, § 9; R.S. 1923, 25-407; L. 1982, ch. 155, § 1; July 1.

Notes of Decisions
Cited in 5 cases, 1940–2020 · leading case: Cromwell v. Kobach, 199 F. Supp. 3d 1292 (D. Kan. 2016).
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Cromwell v. Kobach, 199 F. Supp. 3d 1292 (D. Kan. 2016). · cites it 8× “That definition is much stricter than K.S.A. § 25-407. Under *1303 KS.A. § 76-729 and K.”
Fish v. Schwab, 957 F.3d 1105 (10th Cir. 2020). “” Kan. Stat. Ann. § 25-407 . “That this determination is not 22 based solely on intent has been recognized by the Kansas Supreme Court, which has stated that a citizen has the right to change his residence permanently or temporarily, and that ‘whether he does so, or which he…”
Burke v. State Bd. of Canvassers, 107 P.2d 773 (Kan. 1940). · cites it 2× “) After quoting section 1, article 5 of the constitution, also section 25-407 (hereinabove quoted), the opinion then stated: “The above section refers to the judges of election when a vote is challenged and was intended as a guide for them.”
Baker v. McCormick, 380 P.3d 706 (Kan. Ct. App. 2016). “72-1046; and eligibility to vote, K.S.A. 25-407. In addition to specific definitions found in statutes on specific subjects, the Kansas statutes also contain some generic definition provisions that apply when terms aren’t otherwise defined; these generic provisions define the…”
Warren v. Gaston, 55 F. Supp. 2d 1230 (D. Kan. 1999). “K.S.A. 25-407 is the more specific statute, entitled the “Rule for determining residence of voter,” but it provides the same definition of “residence” as “the place adopted by a person as such person’s place of habitation, and to which, whenever such person is absent, such…”
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