Session Law

Identifying Information:L. 2003 ch. 127
Other Identifying Information:2003 Senate Bill 103
Tax Type:Other
Brief Description:An Act concerning elections; relating to recalls; amending K.S.A. 25-4302, 25-4307, 25- 4308, 25-4311, 25-4315, 25-4322, 25-4325, 25-4329 and 60-1205 and K.S.A. 2002 Supp. 25-4306 and repealing the existing sections.
Keywords:


Body:

CHAPTER 127

SENATE BILL No. 103


An Act concerning elections; relating to recalls; amending K.S.A. 25-4302, 25-4307, 25-

4308, 25-4311, 25-4315, 25-4322, 25-4325, 25-4329 and 60-1205 and K.S.A. 2002 Supp.


25-4306 and repealing the existing sections.


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

Section 1. K.S.A. 25-4302 is hereby amended to read as follows: 25-

4302. (a) Grounds for recall are conviction of a felony, misconduct in

office, incompetence or failure to perform duties prescribed by law. No

recall submitted to the voters shall be held void because of the insuffi-

ciency of the grounds, application, or petition by which the submission

was procured.

(b) As used in this section, the term ``misconduct in office'' means a

violation of law by the officer that impacts the officer's ability to perform

the official duties of the office.

Sec. 2. K.S.A. 2002 Supp. 25-4306 is hereby amended to read as

follows: 25-4306. The application under K.S.A. 25-4305 shall include (a)

the name and office of the person sought to be recalled, (b) the grounds

for recall described in particular in not more than 200 words, (c) a state-

ment that the sponsors are residents of the state of Kansas and possess

the qualifications of an elector of the state of Kansas and who signed the

application with the statement of grounds for recall attached, (d) the

designation of a recall committee of three sponsors who shall represent

all sponsors and subscribers in matters relating to the recall, (e) the des-

ignation of at least 100 residents of the state of Kansas who possess the

qualifications of electors of the state of Kansas and who subscribe to the

application as sponsors for purposes of circulation, and (f) the signatures

and addresses of registered electors in the state or election district of the

state officer sought to be recalled equal in number to not less than 10%

of the votes cast for the all candidates for the office of the state officer

sought to be recalled, such percentage to be based upon the last general

election for the current term of office of the officer sought to be recalled

in the last general election at which a person was elected to such office.

Sec. 3. K.S.A. 25-4307 is hereby amended to read as follows: 25-

4307. Notice on all matters pertaining to the application and petition may

be served on any member of the recall committee in person or by mail

addressed to a committee member as indicated on the application. The

secretary of state, upon request, shall notify the recall committee of the

official number of votes cast for the all candidates for the office of the

state officer sought to be recalled, such percentage to be based upon the

last general election for the current term of office of the officer sought to

be recalled in the last general election at which a person was elected to

such office. County election officers shall assist the secretary of state as

requested by such secretary.

Sec. 4. K.S.A. 25-4308 is hereby amended to read as follows: 25-

4308. The secretary of state shall review the application and shall either

certify it or notify the recall committee of the grounds of refusal. The

secretary of state shall deny certification if he or she (a) The secretary of

state shall review the application and shall either certify such application

or notify the recall committee of the grounds of refusal. The secretary of

state shall deny certification if the secretary of state determines that (a):

(1) The facts do not support the grounds for recall as stated in the

application;

(2) the application is not substantially in the required form, (b);

(3) the application was filed during the first one hundred and twenty

(120) 120 days of the term of office of the official sought to be recalled

or within less than two hundred (200) 200 days of the termination of the

term of office of the state officer sought to be recalled, (c);

(4) the person named in the application is not a state officer, (d);

(5) there is an insufficient number of required signatures of any kind,

(e);

(6) the state officer sought to be recalled has been or is being sub-

jected to another recall election during such officer's current term of

office or (f); or

(7) the application does not conform to any other requirement of this

act.

(b) All mandamus proceedings to compel a recall election and all in-

junction proceedings to restrain a recall election shall be commenced not

less than 30 days after the secretary of state's decision.

Sec. 5. K.S.A. 25-4311 is hereby amended to read as follows: 25-

4311. Before being filed, each petition shall be certified by an affidavit

by the sponsor who personally circulated the petition. The affidavit shall

state in substance that (a) the person signing the affidavit is a sponsor,

(b) the person is the only circulator of that petition or copy, (c) the sig-

natures were made in his or her the petition circulator's actual presence,

(d) to the best of his or her the petition circulator's knowledge, the sig-

natures are those of the persons whose names they purport to be, and (e)

the person circulated the petition in the manner provided by this act. In

determining the sufficiency of the petition, the secretary of state and

county election officers assisting the secretary of state shall not count

subscriptions on petitions not properly certified. Only one election may

be held for the recall of a particular state officer in a single term of office,

and no application for a second recall election within a single term shall

be approved nor shall any petition therefor be circulated. No petition may

be filed within less than one hundred and eighty (180) 180 days of the

termination of the term of office of the state officer sought to be recalled.

The recall committee may file the petition only if signed by registered

electors in the state or in the election district of the state officer sought

to be recalled equal in number to not less than forty percent (40%) 40%

of the votes cast for all candidates for the office of the state officer sought

to be recalled, such percentage to be based upon the last general election

for the current term of office of the state officer sought to be recalled in

the last general election at which a person was elected to such office.

Sec. 6. K.S.A. 25-4315 is hereby amended to read as follows: 25-

4315. The secretary of state shall, through county election officers, pro-

vide each county election board officer in the state or in the election

district of the state officer sought to be recalled with four (4) copies one

copy of the statement of the grounds for recall included in the application

and four (4) copies one copy of the statement of not more than two

hundred (200) 200 words made by the state officer sought to be recalled

in justification of his or her such state officer's conduct in office. The state

officer sought to be recalled may provide the secretary of state with his

or her such state officer's statement within ten (10) 10 days after the date

the secretary of state gave notification that the petition was properly filed.

Each election board shall post all copies of the statements for and against

recall in conspicuous places at its polling place, one of which places shall

be immediately outside, and one of which shall be immediately inside,

the entrance to the polling place. Each county election officer shall main-

tain such statements for public inspection.

Sec. 7. K.S.A. 25-4322 is hereby amended to read as follows: 25-

4322. (a) Before any petition for recall of a local officer is circulated, a

copy thereof accompanied by names and addresses of the recall commit-

tee and sponsors shall be filed in the office of the county election officer

with whom the petitions are required to be filed. The copy of the petition

so filed shall be subscribed by the members of the recall committee in

the presence of such county election officer. The recall committee shall

represent all sponsors and subscribers in matters relating to the recall.

Notice on all matters pertaining to the recall may be served on any mem-

ber of the recall committee in person or by mail addressed to a committee

member as indicated on the petition so filed. The county election officer,

upon request, shall notify the recall committee of the official number of

votes cast for the all candidates for the office of the local officer sought to

be recalled, such percentage to be based upon the last general election for

the current term of office of the officer sought to be recalled in the last

general election at which a person was elected to such office.

(b) Before any petition for recall of a local officer is circulated, the

county election officer shall transmit a copy of such petition to the county

or district attorney or to the attorney designated pursuant to subsection

(c) for determination of the sufficiency of the grounds stated in the pe-

tition for recall. Within five days of receipt of the copy of the petition

from the county election officer, the county or district attorney or the

attorney designated pursuant to subsection (c) shall make such determi-

nation and notify the county election officer and the recall committee of

such determination.

(c) In the case of a recall of the county or district attorney, a judge

of the district court of such county shall designate an attorney to deter-

mine the sufficiency of the grounds stated in the petition for recall. Such

attorney shall perform the duties imposed on the county or district at-

torney in the recall of other local officers.

(b) Before any petition for recall of a local officer is circulated, the

county election officer shall transmit a copy of such petition to the county

or district attorney or to the attorney designated pursuant to subsection

(c) for determination of the sufficiency of the grounds stated in the petition

for recall. Within five days of receipt of the copy of the petition from the

county election officer, the county or district attorney or the attorney

designated pursuant to subsection (c) shall make such determination and

notify the county election officer and the recall committee of such deter-

mination. Such determination shall include whether:

(1) The facts do not support the grounds for recall as stated in the

petition for recall;

(2) the petition is not substantially in the required form;

(3) the petition was filed during the first 120 days of the term of office

of the official sought to be recalled or within less than 180 days of the

termination of the term of office of the officer sought to be recalled;

(4) the person named in the petition is not a local officer;

(5) there is an insufficient number of required signatures of any kind;

(6) the local officer sought to be recalled has been or is being subjected

to another recall election during such officer's current term of office; or

(7) the application does not conform to any other requirement of this

act.

(c) In the case of a recall of the county or district attorney, a judge

of the district court of such county shall designate an attorney to deter-

mine the sufficiency of the grounds stated in the petition for recall. Such

attorney shall perform the duties imposed on the county or district attor-

ney in the recall of other local officers.

(d) All mandamus proceedings to compel a recall election and all in-

junction proceedings to restrain a recall election shall be commenced not

less than 30 days after the county or district attorney's decision.

Sec. 8. K.S.A. 25-4325 is hereby amended to read as follows: 25-

4325. Before being filed, each petition shall be certified by an affidavit

by the sponsor who personally circulated the petition. The affidavit shall

state in substance that (a) the person signing the affidavit is a sponsor,

(b) the person is the only circulator of that petition or copy, (c) the sig-

natures were made in such person's actual presence, (d) to the best of

such person's knowledge, the signatures are those of the persons whose

names they purport to be, (e) the person circulated the petition in the

manner provided by this act and (f) the person signing the affidavit, being

duly sworn, on oath states that the statements of grounds for recall con-

tained in the recall petition are true. In determining the sufficiency of

the petition, the county election officer shall not count signatures on

petitions not properly certified. The recall committee may file the petition

only if signed by registered electors in the election district of the local

officer sought to be recalled equal in number to not less than 40% of the

votes cast for all candidates for the office of the local officer sought to be

recalled, such percentage to be based upon the last general election for

the current term of office of the local officer sought to be recalled in the

last general election at which a person was elected to such office. If more

than one person was elected to such office at such election the number

of signatures required shall be equal to not less than 40% of the votes

cast at such election for all candidates for the office divided by the number

of persons elected to such office.

Sec. 9. K.S.A. 25-4329 is hereby amended to read as follows: 25-

4329. The county election officer shall provide each election board in the

election district of the local officer sought to be recalled with four (4)

copies of the statement of the grounds for recall included in the petition

and four (4) copies of the statement of not more than two hundred (200)

words made by the local officer sought to be recalled in justification of

his or her conduct in office. The person sought to be recalled may provide

the county election officer with his or her statement within ten (10) days

after the date such county election officer gave notification that the pe-

tition was properly filed. Each election board shall post all copies of the

statements for and against recall in conspicuous places at the polling

place, one of which places shall be immediately outside, and one of which

shall be immediately inside, the entrance to the polling place. Within 10

days after the date the county election officer gave notification that the

recall petition was properly filed, the person sought to be recalled may

provide to the county election officer such person's statement, containing

not more than 200 words, in justification of such person's conduct in

office. The county election officer shall maintain such statement for public

inspection.

Sec. 10. K.S.A. 60-1205 is hereby amended to read as follows: 60-

1205. Every person holding any office of trust or profit, under and by

virtue of any of the laws of the state of Kansas, either state, district,

county, township or city office, except those subject to removal from

office only by impeachment, who shall (1) willfully engage in misconduct

himself or herself while in office, (2) willfully neglect to perform any duty

enjoined upon him or her such person by law, or (3) demonstrate mental

impairment such that the person lacks the capacity to manage the office

held, or (4) who shall commit any act constituting a violation of any penal

statute involving moral turpitude, shall forfeit his or her such person's

office and shall be ousted from such office in the manner hereinafter

provided.

Sec. 11. K.S.A. 25-4302, 25-4307, 25-4308, 25-4311, 25-4315, 25-

4322, 25-4325, 25-4329 and 60-1205 and K.S.A. 2002 Supp. 25-4306 are

hereby repealed.

Sec. 12. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003