Session Law

Identifying Information:L. 2001 ch. 141
Other Identifying Information:2001 Senate Bill 107
Tax Type:Other
Brief Description:An Act concerning elections; relating to petitions; amending K.S.A. 25-3601 and 25-3602 and repealing the existing sections.
Keywords:


Body:

CHAPTER 141

SENATE BILL No. 107


An Act concerning elections; relating to petitions; amending K.S.A. 25-3601 and 25-3602

and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 25-3601 is hereby amended to read as follows: 25-

3601. When under the laws of this state (a) Subject to the provisions of

subsection (d), if a petition is required or authorized as a part of the

procedure applicable to the state as a whole or any legislative election

district or to any county, city, school district or other municipality, or part

thereof, the provisions of this act K.S.A. 25-3601 et seq., and amendments

thereto, shall apply, except as is otherwise specifically provided in the

statute providing for such petition. The sufficiency of each signature and

the number thereof on any such petition shall be determined in accord-

ance with the provisions of K.S.A. 25-3601 to 25-3607, inclusive, and

amendments thereto by the county election officer or such other official

as designated in the applicable statute. Before any petition other than a

recall petition as described in K.S.A. 25-4301 et seq. and amendments

thereto, requesting an election in any political or taxing subdivision of the

state is circulated, a copy thereof containing the question to be submitted

shall be filed in the office of the county attorney of the county or district

attorney of the district in which all or the greater portion of the political

or taxing subdivision is located for an opinion as to the legality of the form

of such question. The county or district attorney shall within five calendar

days following the receipt of such question furnish a written opinion as

to the legality of the form of the question submitted. There shall be a

rebuttable presumption that the form of any question approved by the

county or district attorney complies with the requirements of this act.

Except as provided herein, a copy of any petition requesting an election

in any political or taxing subdivision of the state shall be submitted to the

office of the county attorney of the county or district attorney of the

district in which all or the greater portion of the political or taxing sub-

division is located. If a county counselor has been appointed in the county

or district, the petition shall be submitted to the county counselor. The

petition shall be submitted either by hand-delivery or by certified mail,

return receipt requested. Such petition shall contain the question to be

submitted at the election. Within five calendar days following submission

of the petition, the county counselor, county attorney or district attorney

shall furnish a written advisory opinion as to the legality of the form of

the question contained on the petition. There shall be a rebuttable pre-

sumption that the form of any question approved by the county counselor,

county attorney or district attorney complies with the requirements of

this act. If such opinion is not furnished within five days of submission

of the question, the form of the question shall be deemed in compliance

with the requirements of this act.

If the advisory opinion states that the form of the question contained

in the petition does not comply with the requirements of this act, such

advisory opinion shall also state specific grounds to support such deter-

mination.

Nothing in this subsection shall be construed as prohibiting the circu-

lation of a petition for signatures or the filing of such petition with the

county election officer prior to obtaining the advisory opinion required

by this subsection.

(b) Any person challenging the validity of the form of a question shall

have the burden of proving in the district court that the form of the

question is invalid.

(c) The form of any question in a petition requesting an election on

or protesting an ordinance, or resolution, adopted by the governing body

of any county, city, school district or other municipality shall be presumed

to be valid and in compliance with the requirements of K.S.A. 25-3601,

et seq., and amendments thereto, if such petition states the title, number

and exact language of the ordinance, or resolution, and the title of such

petition states:

``Shall the following ordinance, or resolution, become effective?''

(d) When any statute makes specific provisions concerning matters

that other statute imposes specific requirements which are different from

the requirements imposed by K.S.A. 25-3601 et seq. and amendments

thereto also has requirements which are different therefrom, the provi-

sions of the specific statute shall control. The county election officer or

other official with whom the petition is required to be filed in accordance

with the applicable statute shall give to persons requesting information

regarding the filing of petitions a copy of K.S.A. 25-620 and article 36 of

chapter 25 of the Kansas Statutes Annotated, and amendments thereto.

(e) Any action challenging the validity of the form of a question in a

petition shall be filed in the district court within 20 days after such pe-

tition has been filed with the county election officer.

The court shall render an opinion in any action filed to challenge the

validity of the form of a question in a petition within 20 days after the

date such action is filed with the court.

(f) The provisions of K.S.A. 25-3601 et seq., and amendments thereto,

shall not apply to recall petitions as described in K.S.A. 25-4301 et seq.,

and amendments thereto.

Sec. 2. K.S.A. 25-3602 is hereby amended to read as follows: 25-

3602. (a) Each petition shall consist of one or more documents pertaining

to a single issue or proposition under one distinctive title. The documents

shall be filed with the county election officer or other official, if another

official is designated in the applicable statutes. The filing shall be made

at one time all in one group. Later or successive filings of documents

relating to the same issue or proposition shall be deemed to be separate

petitions and not a part of any earlier or later filing.

(b) Each petition shall, Unless otherwise specifically required, each

petition shall: (1) State the question which petitioners seek to bring to an

election in the form of a question as it should appear upon the ballot in

accordance with the requirements of K.S.A. 25-620 and K.S.A. 25-3601,

and amendments thereto;

(2) name the taxing subdivision or other political subdivision in which

an election is sought to be held;

(3) contain the following recital above the spaces provided for sig-

natures: ``I have personally signed this petition. I am a registered elector

of the state of Kansas and of



(here insert name of political or taxing subdivision)

and my residence address is correctly written after my name.''

The recital shall be followed by blank spaces for the signature, resi-

dence address and date of signing for each person signing the petition.

When petitioners are required by law to possess qualifications in ad-

dition to being registered electors, the form of the petition shall be

amended to contain a recital specifying the additional qualifications re-

quired and stating that the petitioners possess the qualifications; and

(4) contain the following recital, at the end of each set of documents

carried by each circulator: ``I am the circulator of this petition. I have

personally witnessed the signing of the petition by each person whose

name appears thereon. I am a resident and a registered elector of the

state of Kansas and of

,


(here insert name of political or taxing subdivision)

the political or taxing subdivision in which the election is sought to be

held.



(Signature of circulator)



(Circulator's residence address)

The recital of the circulator of each petition shall be verified upon oath

or affirmation before a notarial officer in the manner prescribed by K.S.A.

53-501, et. seq. and amendments thereto.

(c) Any person who has signed a petition who desires to withdraw

such person's name may do so by giving written notice to the county

election officer or other designated official not later than the third day

following the date upon which the petition is filed.

(d) Any petition shall be null and void unless submitted to the county

election officer or other designated official within 180 days of the date of

the first signature on the petition.

(e) Unless the governing body of the political or taxing subdivision in

which the election is sought to be held authorizes a special election, all

elections which are called as a result of the filing of a sufficient petition

shall be held at the next succeeding primary or general election as defined

by K.S.A. 25-2502, and amendments thereto, in which the political or

taxing subdivision is participating.

(f) When a petition requires signatures equal in number to a per-

centage of the total number of registered voters, such percentage shall

be based on the most recent number of registered voters as certified to

the office of the secretary of state pursuant to subsection (f) of K.S.A. 25-

2311, and amendments thereto.

Sec. 3. K.S.A. 25-3601 and 25-3602 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 19, 2000.


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