SENATE BILL No. 47
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-308 is hereby amended to read as follows: 25-
308. (a) Any certificate of nomination, nomination petitions or declaration
of intention to become a candidate, filed or issued in apparent conformity
with law, shall be deemed to be valid unless:
(1) Objection thereto is made in writing within three days from the
date the certificate, petitions or declaration is filed with or issued by the
proper officers; or
(2) in the case of certificates of nomination, nomination petitions and
declarations of intention to become a candidate, the secretary of state or
the county election officer finds them to be invalid pursuant to K.S.A.
25-208a, and amendments thereto.
(b) If the secretary of state or the county election officer finds any
certificates of nomination, nomination petitions or declaration of inten-
tion to become a candidate to be invalid pursuant to K.S.A. 25-208a, and
amendments thereto, the candidate on whose behalf the certificates, pe-
titions or declaration was filed may make objection to such finding in
writing within three days of receipt by the candidate of notice of such
(c) In the case of nominations of national and state officers, objections
shall be filed with the secretary of state and shall be considered by the
lieutenant governor, secretary of state, and attorney general, and a deci-
sion of a majority of these officers shall be final. In the case of nominations
for county, township, city and school officers, objections shall be filed
with the county election officer and shall be considered by the county
election officer, clerk of the district court and county attorney or district
attorney, and a and an elected official of the county whose position is not
involved in the controversy, who shall be designated by the county election
officer. The decision of a majority of these officers shall be final.
(d) In any case where objection is made, notice shall forthwith be
given immediately, by the officer with whom the objections are filed, to
the other officers required to determine the matter and to the candidates
affected thereby by such objection, addressed in the case of candidates
to their places of residence as given in the nomination petitions, decla-
ration of intention to become a candidate or certificate of nomination.
The notice shall state the time when the objection will be considered,
which. Such time shall be not be more than five days following the giving
of such notice in the case of nomination of a national or state officer and
not be more than three days following the giving of such notice in the
case of nomination of a county, township, city or school officer, and the
place where such objections will be considered.
(e) The causes for objection under this section as to any office may
be any of those causes listed in K.S.A. 25-1436, and amendments thereto.
The officers determining any objections under this section may assess any
costs arising therefrom from such determination to either the objector or
objectee in accordance with the determination made. Such costs shall be
paid to the secretary of state or the county election officer, as the case
may be, and deposited thereby in the treasury of the state or county to
the credit of its general fund. If such costs are not paid within 10 days
after the same are being fixed, the secretary of state or county election
officer shall make a certificate of the facts and file it with the clerk of the
district court in the county where the person owing the same resides, and
who must pay such costs. Such clerk of the district court shall cause the
same to be collected collect such costs as in cases of collection of court
costs, and when so collected the same such costs shall be disposed of as
are court costs in such district court.
(f) All mandamus proceedings to compel an officer to certify and
place upon the ballot any name or names, and all injunction proceedings
to restrain an officer from certifying and placing upon the ballot any name
or names, must be commenced not less than 45 days before the election.
Sec. 2. K.S.A. 25-308 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
Approved March 27, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001