# K.S.A. § 25-409: 25-409 - Challenged voters; rejection or acceptance of vote; procedure > Kansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-409 ## Section - **Citation:** K.S.A. § 25-409 - **Heading:** 25-409 - Challenged voters; rejection or acceptance of vote; procedure - **Jurisdiction:** Kansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KS Code / Chapter 25 / Article 4 / Section 25-409 ## Text 25-409. Challenged voters; rejection or acceptance of vote; procedure. (a) If any person challenged pursuant to K.S.A. 25-414, and amendments thereto, shall refuse to subscribe the application for registration pursuant to K.S.A. 25-2309, and amendments thereto, the judges shall reject such person's vote. (b) If a person is challenged pursuant to K.S.A. 25-414, and amendments thereto, such person shall be permitted to subscribe the application for registration and mark a ballot. The person shall then execute the affirmation prescribed in subsection (c) of this section before a member of the election board and the ballot shall thereupon be sealed in an envelope. The judges shall write on the envelope the word "provisional" and a statement of the reason for the challenge, and that the ballot contained in the envelope is the same ballot which was challenged pursuant to K.S.A. 25-409 et seq., and amendments thereto. Such statement shall be attested by two of the judges. The judges shall attach the application for registration to the envelope containing the provisional ballot. The envelope shall be numbered to correspond to the number of the provisional voter's name in the registration or poll book, and the word "provisional" shall be written following the voter's name in the poll book. The judges shall provide written information stating how the voter may ascertain whether the voter's provisional ballot was counted and, if such ballot was not counted, the reason therefor. Such provisional ballots, together with objected to and void ballots packaged in accordance with K.S.A. 25-3008, and amendments thereto, shall be reviewed by the county board of canvassers at the time prescribed for canvassing votes, and such board shall determine the acceptance or rejection of the same. The county board of canvassers shall open all ballots deemed to be valid and include such ballots in the final canvass of election returns. (c) The voter's affirmation shall be sufficient if substantially in the following form, but the voter's affirmation shall not contain less than that prescribed in the form: VOTER'S AFFIRMATION STATE OF KANSAS, COUNTY OF ________, ss. I am a registered voter in this jurisdiction and I am qualified to vote in this election. I declare under penalty of perjury that the foregoing is true and correct. This ____ day of ______________ A.D. ______. _____________________, Voter ______________, Judge of Election ## Nearby sections - [K.S.A. § 25-407 25-407 - Rule for determining residence of voter.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-407.md) - [K.S.A. § 25-409 25-409 - Challenged voters; rejection or acceptance of vote; procedure.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-409.md) - [K.S.A. § 25-413 25-413 - Duty of clerks of election when vote received after person has taken oath prescribed.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-413.md) - [K.S.A. § 25-414 25-414 - Duty of judge to challenge; provisional ballots, acceptance or rejection procedure.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-414.md) - [K.S.A. § 25-418 25-418 - Leave allowance for employees to vote; obstruction of voting privilege, penalty.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-418.md) - [K.S.A. § 25-431 25-431 - Title of act; citation.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-431.md) - [K.S.A. § 25-432 25-432 - Limitations on elections that may be conducted under act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-432.md) - [K.S.A. § 25-433 25-433 - Mailing of ballots; voting instructions; return envelopes, payment of postage and forms; voting by electors, procedure; replacement ballots; counting, handling and canvass of ballots; verification of signatures; removal of names of voters whose ballots are undeliverable from registration books and party affiliation list.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-433.md) - [K.S.A. § 25-434 25-434 - Challenge of votes; procedure.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-434.md) - [K.S.A. § 25-435 25-435 - Mail ballot elections; application of advance voting ballot provisions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-435.md) - [K.S.A. § 25-436 25-436 - Deadline for registration of electors receiving mailed ballots; procedure for electors registering late.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-436.md) - [K.S.A. § 25-437 25-437 - Canvass of votes; form of abstract; special election board to be appointed.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-437.md) - [K.S.A. § 25-438 25-438 - Application of other election laws.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-438.md) - [K.S.A. § 25-439 25-439 - Act to be liberally construed; mere informality not to affect validity of election.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-439.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C25_A4_S25-409. 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