Session Law

Identifying Information:L. 2001 ch. 039
Other Identifying Information:2001 Senate Bill 47
Tax Type:Other
Brief Description:An Act concerning elections; relating to objections; amending K.S.A. 25-308and repealing the existing section.
Keywords:


Body:

CHAPTER 39

SENATE BILL No. 47


An Act concerning elections; relating to objections; amending K.S.A. 25-308 and repealing the existing section.

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

finding.

(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.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001