On January 16, 2021, the Kansas Green Party held its annual convention. At the convention, an amendment to the party’s bylaws was proposed and was passed unanimously. This new article of the bylaws provides rules for future presidential primaries.
ARITICLE X – PRESIDENTIAL PRIMARIES
The Kansas Green Party may hold a vote among its members to determine how to proportionally allocate its delegates to the Presidential Nominating Convention among presidential candidates.
Section 1. Notice:
The date of the Kansas Green Party’s presidential primary or the time period in which votes will be accepted shall be announced by the Kansas Green Party Council no later than February 1st of the year in which the general election is to be held. Such announcement shall be made by an email to members of the Kansas Green Party. Additionally, the Kansas Green Party Council shall make some form of public notice of the primary. Such public notice may consist of an email to non-members, a social media post, an ad in a Kansas newspaper, notification to the Steering Committee of the Green Party of the United States or other relevant committee, or a message to any candidates for the Green Party presidential nomination of whom the Kansas Green Party is aware. If the Kansas Green Party Council chooses to notify candidates as part of an effort to raise public awareness of the upcoming primary, the Council must make a good faith effort to identify all candidates seeking the Green Party nomination.
All interested persons, whether or not they are members of the Green Party, are hereby on notice that if an announcement of a Kansas Green Party presidential primary does not occur in compliance with this section, the Kansas Green Party is prohibited from holding a presidential primary for that election year and thus shall not submit any delegates representing the party to the Presidential Nominating Convention (PNC) unless said delegates are designated as uncommitted.
Section 2. Voting Procedure:
The Kansas Green Party Council has the authority and discretion to determine the procedure for voting or to delegate that authority to another committee. The voting procedure shall put a minimal burden on voters while also ensuring their anonymity and a reliable final result. Such procedure must be finalized before the primary is officially announced.
Section 3. Time Period for Voting
The date of the primary or the first day in which votes may be cast must take place at least five weeks after the primary is announced, but no later than April 15th of the general election year. If the Kansas Green Party Council adopts a procedure which allows remote voting by mail, email, or third-party software, participants shall be given at least one week to cast their votes.
Section 4. Transparency and Recounts:
All ballots shall be kept and stored in a reliable location until after the election as the final official record of the vote. The results of the election shall be finalized and made public no later than ten days after voting has concluded. Each candidate whose name appeared on the primary ballot shall be given access to copies of all ballots that were received, as well as any other information used to count the ballots.
Each candidate whose name appeared on the primary ballot shall also have the privilege to request one recount of the ballots if he or she can point to a possible discrepancy in the administration of the election. Each candidate may exercise this privilege on their own behalf or on the behalf of a write-in candidate who received at least one vote. A recount request shall not be accepted later than ten days after election results are finalized and made public. There will only be one recount. All candidates or their representatives to the election shall be invited to take part in this recount.
Section 5. Eligibility of Candidates:
Any natural person who meets the minimum qualifications to serve as president and has filed a statement of candidacy with the Federal Election Commission may submit a letter by mail or email requesting to be included in the primary. The letter must briefly explain why the prospective candidate is a good national representative of the party. It must be sent to the Kansas Green Party at least two weeks before the date of the primary or two weeks before the first day of the voting period. In addition to the letter, any candidate wishing to participate must also submit a $5 filing fee.
In addition to the eligible candidates, voters shall also have the option to write in the name of a candidate who did not appear on the ballot or choose “none of the above.”
Section 6. Eligibility of Voters:
All voters participating in the presidential primary must be registered voters in Kansas. If the Kansas Green Party is a recognized political party in Kansas at the time of the primary, a voter must be registered as a Green in order to participate. If the Kansas Green Party is not a recognized party at the time of the primary, a voter must not be affiliated with another political party and must otherwise be a member of the Kansas Green Party in order to participate.
Section 7. Impartiality:
The Kansas Green Party Council shall strive to treat all candidates fairly and equally. To the best of the Council’s ability, required notifications to all candidates must be given at approximately the same time to allow each candidate a similar period of time to respond.
Members of the Kansas Green Party Council and other members of the Kansas Green Party taking part in the formulation of the voting procedure or the administration of the election are permitted to volunteer with the campaign of their favored candidate. However, no such member is permitted to allow any favoritism to interfere with their duty to impartially administer the election. Any party member who is employed with a campaign shall recuse themselves from any participation beyond casting a vote in the election. If any member’s bias appears to have an effect on the integrity of the election, the Kansas Green Party Council may vote by a simple majority to determine bias and compel the recusal of the biased member or take other necessary remedial action.
Section 8. Selection of Delegates to the PNC:
The Kansas Green Party Council has the authority and discretion to determine the procedure for the selection of Delegates to the PNC. Such procedure must be finalized before the date of the primary or the first day in which votes may be cast.