reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4178 Continuation in force and effect of advisory opinions and rules and regulations.

25-4178.
Continuation in force and effect of advisory opinions and rules and regulations.
(a) All advisory opinions of the commission created by K.S.A. 25-4119a, and amendments thereto, and which opinions were rendered prior to the effective date of this act and concerned campaign finance shall continue to be in force and effect respecting the provisions of law contained in the campaign finance act and shall be deemed advisory opinions of the commission concerning the provisions of the campaign finance act until revised, amended or nullified pursuant to law.
(b) All rules and regulations of the commission which were adopted prior to the effective date of this act as modified or changed by such commission shall continue to be in force and effect respecting the provisions of law contained in the campaign finance act and shall be deemed rules and regulations of the commission concerning the provisions of the campaign finance act until revised, amended or nullified pursuant to law.
History:
L. 1981, ch. 171, § 37; L. 1991, ch. 150, § 16; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4179 Severability.

25-4179.
Severability.
If any provisions of the campaign finance act or the application thereof to any person or circumstances is held invalid the invalidity does not affect other provisions or applications of the campaign finance act which can be given effect without the invalid provisions or application and to this end the provisions of the campaign finance act are severable.
History:
L. 1981, ch. 171, § 38; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4182 Same; cease and desist order; emergency orders; hearing procedure; hearings before administrative law judge.

25-4182. Same; cease and desist order; emergency orders; hearing procedure; hearings before administrative law judge.
(a) If the commission determines after notice and opportunity for a hearing that any person has engaged or is engaging in any act or practice constituting a violation of any provision of the campaign finance act or any rule and regulation or order hereunder, the commission by order may require that such person cease and desist from the unlawful act or practice and take such affirmative action as in the judgment of the commission will carry out the purposes of such act.
(b) If the commission makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the commission may issue an emergency temporary cease and desist order. Such order, even when not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of such an order, the commission shall promptly notify the person subject to the order that it has been entered, of the reasons therefor and that upon written request the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Upon the request of the respondent, any hearing held under this act may be removed for hearing before a presiding officer from the office of administrative hearings as provided in K.S.A. 25-4161, and amendments thereto. If no hearing is requested and none is ordered by the commission, the order will remain in effect until it is modified or vacated by the commission. If a hearing is requested or ordered, the commission, after notice of and opportunity for hearing to the person subject to the order, shall by written findings of fact and conclusions of law vacate, modify or make permanent the order. Any such order shall be enforceable in any court of competent jurisdiction.
History:
L. 1988, ch. 369, § 3; L. 1991, ch. 150, § 19; L. 2023, ch. 23, § 11; April 20.
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4183 Same; injunction; restraining order; mandamus.

25-4183.
Same; injunction; restraining order; mandamus.
Whenever it appears to the commission that any person has engaged in any act or practice constituting a violation of any provision of the campaign finance act or any rule and regulation or order hereunder, the commission may bring an action in any court of competent jurisdiction to enjoin the acts or practices and to enforce compliance with such act or any rule and regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, restitution, writ of mandamus or other equitable relief shall be granted.
History:
L. 1988, ch. 369, § 4; L. 1991, ch. 150, § 20; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4184 Same; consent decree.

25-4184.
Same; consent decree.
The commission may enter into a consent decree with any person who has violated the campaign finance act.
History:
L. 1988, ch. 369, § 5; L. 1991, ch. 150, § 21; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4185 Same; appeal of commission orders.

25-4185.
Same; appeal of commission orders.
Any person aggrieved by any order of the commission pursuant to this act may appeal such order in accordance with the provisions of the Kansas judicial review act.
History:
L. 1988, ch. 369, § 6; L. 1991, ch. 150, § 22; L. 2010, ch. 17, § 41; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4187 Inaugural expense fund; administration by adjutant general; authorized uses.

25-4187.
Inaugural expense fund; administration by adjutant general; authorized uses.
(a) There is hereby created in the state treasury the inaugural expense fund. Expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of the accounts and reports issued pursuant to vouchers approved by the adjutant general or a person designated by the adjutant general.
(b) Moneys credited to the inaugural expense fund shall be expended only to reimburse the adjutant general for expenses incurred by the adjutant general in connection with a gubernatorial inauguration.
History:
L. 1994, ch. 209, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 41 - Election Campaign Finance; General › 25-4189 Public service announcements or advertisements; when prohibited.

25-4189. Public service announcements or advertisements; when prohibited.
(a) No candidate for elected office shall either appear in a public service announcement or advertisement or allow the candidate's name to be used in a public service announcement or advertisement during a period beginning 60 days before any primary election in which the candidate's name appears on the ballot and ending with the conclusion of the general election.
(b) As used in this section:
(1) "Public service announcement or advertisement" means any message broadcast by electronic, telephone or print media promoting or announcing some issue of public importance, public concern or public welfare regardless of whether or not the announcement or advertisement involves the donation of time or space on behalf of the media or is paid for with public sector funds or private sector funds from the current contractor of the sponsoring government entity;
(2) "electronic media" shall not include the website for the government agency or other entity that administers the program promoted by the public service announcement or advertisement; and
(3) "print media" means direct mail literature and advertisements in any newspaper, magazine or any other periodical publication, but it shall not include printed literature promoting a program so long as it is used regularly throughout the year in the regular course of business and not distributed in an unsolicited direct mail advertising campaign at a cost exceeding $2,000 during a period beginning 60 days before any primary election in which the candidate's name appears on the ballot and ending with the conclusion of the general election.
(c) Any candidate who intentionally violates this section shall be subject to the civil penalties provided by K.S.A. 25-4181, and amendments thereto.
(d) This act shall be part of and supplemental to the campaign finance act.
History:
L. 2011, ch. 112, § 18; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4301 Officers subject to recall; exceptions.

25-4301.
Officers subject to recall; exceptions.
All elected public officials in the state, except judicial officers, are subject to recall by the voters of the state or the political subdivision from which elected.
History:
L. 1976, ch. 178, § 1; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4302 Grounds for recall.

25-4302.
Grounds for recall.
(a) Grounds for recall are conviction of a felony, misconduct in office or failure to perform duties prescribed by law. No recall submitted to the voters shall be held void because of the insufficiency 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.
History:
L. 1976, ch. 178, § 16; L. 1987, ch. 130, § 1; L. 1999, ch. 105, § 8; L. 2003, ch. 127, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4303 Rules and regulations relating to recall.

25-4303.
Rules and regulations relating to recall.
The secretary of state may adopt rules and regulations for the administration of this act, and such rules and regulations may specify any forms needed therefor.
History:
L. 1976, ch. 178, § 17; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4304 Application of act; state officers; local officers.

25-4304.
Application of act; state officers; local officers.
(a) K.S.A. 25-4305 to 25-4317, inclusive, apply only to recall of the governor, members of the legislature, any public officials elected by the electors of the entire state and members of the state board of education. For the purpose of this act, officers mentioned in this subsection are "state officers."
(b) The provisions of this act do not apply to any judicial officer.
(c) K.S.A. 25-4318 to 25-4331, inclusive, apply only to recall of all elected public officials who are provided by law to be elected at an election conducted by one or more county election officers, except those officers specified in subsections (a) and (b). For the purpose of this act, officers to which this subsection apply are "local officers."
(d) Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (a) applies shall be a state officer for the purpose of this act. Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (c) applies shall be a local officer for the purpose of this act.
History:
L. 1976, ch. 178, § 2; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4305 Recall of state officers; application; deposit; filing, when.

25-4305.
Recall of state officers; application; deposit; filing, when.
The recall of a state officer, except the secretary of state, is proposed by filing an application with the secretary of state. The recall of the secretary of state is proposed by filing an application with the lieutenant governor, who shall perform the duties imposed on the secretary of state in the recall of other state officers. A deposit of $100 must accompany the application. This deposit will be remitted to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund if a petition is not properly filed. If a petition is properly filed the deposit shall be refunded. No application for the recall of a state officer may be filed during the first 120 days or the last 200 days of the term of office of such officer.
History:
L. 1976, ch. 178, § 3; L. 2001, ch. 5, § 93; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4306 Same; application; form; number of signatures.

25-4306.
Same; application; form; number of signatures.
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 statement 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 designation 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 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.
History:
L. 1976, ch. 178, § 4; L. 1976, ch. 177, § 1; L. 2001, ch. 128, § 8; L. 2003, ch. 127, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4307 Same; notice on matters relating to recall.

25-4307.
Same; notice on matters relating to recall.
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 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. County election officers shall assist the secretary of state as requested by such secretary.
History:
L. 1976, ch. 178, § 5; L. 1976, ch. 177, § 2; L. 2003, ch. 127, § 3; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4308 Same; certification of application; grounds for refusal of certification; commencement of proceedings concerning recall elections, time limits on.

25-4308.
Same; certification of application; grounds for refusal of certification; commencement of proceedings concerning recall elections, time limits on.
(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:
(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;
(3) the application was filed during the first 120 days of the term of office of the official sought to be recalled or within less than 200 days of the termination of the term of office of the state officer sought to be recalled;
(4) the person named in the application is not a state officer;
(5) there is an insufficient number of required signatures of any kind;
(6) the state 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.
(b) All mandamus proceedings to compel a recall election and all injunction proceedings to restrain a recall election shall be commenced within 30 days after the secretary of state's decision.
History:
L. 1976, ch. 178, § 6; L. 1978, ch. 147, § 1; L. 2003, ch. 127, § 4; L. 2007, ch. 125, § 4; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4309 Same; petition; form; certain acts crimes.

25-4309.
Same; petition; form; certain acts crimes.
(a) If the secretary of state certifies the application, he or she shall prescribe the form of, and prepare, a petition containing (1) the name and office of the person to be recalled, (2) the statement of the grounds for recall included in the application, (3) the statement of warning required in subsection (b), (4) sufficient space for signatures and addresses, and (5) other specifications prescribed by the secretary of state to assure proper handling and control. Petitions, for purposes of circulation, shall be prepared by the secretary of state in a number reasonably calculated to allow full circulation throughout the state or throughout the election district of the state officer sought to be recalled. The secretary of state shall number each petition and shall keep a record of the petitions delivered to each sponsor.
(b) Any person who signs a name other than that person's own name to a petition for recall of a state officer, or who knowingly signs more than once for the same proposition at one election, or who signs the petition knowing he or she is not a registered elector is guilty of a class B misdemeanor. Each page of the petition shall include a statement of warning of this crime.
History:
L. 1976, ch. 178, § 7; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4310 Same; petition; circulation; signatures; withdrawal.

25-4310. Same; petition; circulation; signatures; withdrawal.
The petitions may be circulated by a petition circulator, as defined in K.S.A. 25-3608, and amendments thereto, only in person throughout the state or election district of the state officer sought to be recalled. No copy of a petition shall be circulated in more than one county, and the county election officer of the county in which each petition is circulated shall certify to the secretary of state the sufficiency of the signatures on the petition. Any registered elector of such election district or of the state, as the case may be, may subscribe to the petition by signing the elector's name and address as the same appears on the voter registration books. A person who has signed the petition may withdraw such person's name only by giving written notice to the secretary of state before the date the petition is filed. The necessary signatures on a petition shall be secured within 90 days from the date that the petitions prepared by the secretary of state pursuant to K.S.A. 25-4309, and amendments thereto, are delivered to the recall committee. The petition shall be signed only in ink. Illegible signatures unless accompanied by a legible printed name may be rejected by the secretary of state or by any county election officer assisting the secretary of state.
History:
L. 1976, ch. 178, § 8; L. 1988, ch. 119, § 6; L. 2001, ch. 128, § 9; L. 2014, ch. 98, § 7; May 15.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4311 Same; petition; affidavit; filing, when; number of signatures.

25-4311.
Same; petition; affidavit; filing, when; number of signatures.
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 signatures were made in the petition circulator's actual presence, (d) to the best of the petition circulator's knowledge, the signatures 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 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 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.
History:
L. 1976, ch. 178, § 9; L. 1976, ch. 177, § 3; L. 1978, ch. 147, § 2; L. 2003, ch. 127, § 5; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4312 Same; petition; determination of sufficiency; when improperly filed.

25-4312.
Same; petition; determination of sufficiency; when improperly filed.
The secretary of state with the assistance and co-operation of each county election officer involved shall determine the sufficiency of each application and petition for recall of a state officer. Within thirty (30) days of the date of filing, the secretary of state shall review the petition and shall notify the recall committee and the person sought to be recalled whether the petition was properly or improperly filed. The secretary of state shall notify the committee that the petition was improperly filed if he or she determines that (a) there is an insufficient number of subscribing qualified registered electors, (b) the petition was filed within less than one hundred and eighty (180) days of the termination of the term of office of the state officer sought to be recalled or (c) the petition does not conform to any other requirement of this act.
History:
L. 1976, ch. 178, § 10; L. 1978, ch. 147, § 3; April 25.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4314 Same; election; time; ballot form.

25-4314.
Same; election; time; ballot form.
If the secretary of state determines the petition is properly filed and if the office is not vacant, he or she shall prescribe the ballot form and shall call a special election to be held on a date not less than sixty (60), nor more than ninety (90), days after the date that notification is given that the petition was properly filed. If a primary or general election is to be held not less than sixty (60), nor more than ninety (90), days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election. The ballot shall be designed with the question of whether the state officer shall be recalled, placed on the ballot in the following manner: "Shall (name of official) be recalled from the office of ______________?". Provision shall be made for marking the question "Yes" or "No." Except as otherwise specifically provided by this act, laws applicable to question submitted elections shall apply to elections held under this section.
History:
L. 1976, ch. 178, § 12; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4315 Same; election; public inspection of statements.

25-4315.
Same; election; public inspection of statements.
The secretary of state shall provide each county election officer in the state or in the election district of the state officer sought to be recalled with one copy of the statement of the grounds for recall included in the application and one copy of the statement of not more than 200 words made by the state officer sought to be recalled in justification of such state officer's conduct in office. The state officer sought to be recalled may provide the secretary of state with such state officer's statement within 10 days after the date the secretary of state gave notification that the petition was properly filed. Each county election officer shall maintain such statements for public inspection.
History:
L. 1976, ch. 178, § 13; L. 2003, ch. 127, § 6; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4316 Same; determination and certification of election results; filling of vacancy.

25-4316.
Same; determination and certification of election results; filling of vacancy.
If a majority of the votes cast on the question of recall favor the recall of the state officer, the state board of canvassers shall so determine and the secretary of state shall so certify and the office shall be vacant on the day after the date of certification. A vacancy caused by a recall shall be filled as a vacancy caused by other means.
History:
L. 1976, ch. 178, § 14; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4317 Same; action to have determinations relating to recall reviewed.

25-4317.
Same; action to have determinations relating to recall reviewed.
Any person aggrieved by a determination made by the secretary of state or lieutenant governor with respect to recall of a state officer may bring an action to have such determination reviewed within thirty (30) days of the date on which notice of determination was given by action in the district court of Shawnee county or of the county of the legal residence of state officer.
History:
L. 1976, ch. 178, § 15; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4318 Recall of local officers; petition, filing.

25-4318.
Recall of local officers; petition, filing.
The recall of a local officer is proposed by filing a petition with the county election officer of the county in which all or the greater part of the population of the election district of the local officer is located, if not a school district, or the home county of the school district, if the election district of the local officer is a school district. The recall of a county election officer (if elected) is proposed by filing a petition with the county attorney of his or her county who shall perform the duties imposed on the county election officer in the recall of other local officers.
History:
L. 1976, ch. 178, § 18; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4319 Same; conduct of election.

25-4319.
Same; conduct of election.
Subject to rules and regulations of the secretary of state, the recall election of a local officer shall be conducted by the county election officer of the county in which the petition is required to be filed. Other county election officers of counties in which any part of the election district of the officer sought to be recalled shall assist the county election officer conducting such election.
History:
L. 1976, ch. 178, § 19; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4320 Petitions for recall of local officers; petition; contents; circulation; form; sample from election officer on request; affidavit.

25-4320. Petitions for recall of local officers; petition; contents; circulation; form; sample from election officer on request; affidavit.
(a) Each petition for recall of a local officer shall include: (1) The name and office of the local officer sought to be recalled; (2) the grounds for recall described in particular in not more than 200 words; (3) a statement that the petition signers are registered electors of the election district of the local officer sought to be recalled; (4) the names and addresses of three registered electors of the election district of the officer sought to be recalled who shall comprise the recall committee; (5) the statement of warning required in K.S.A. 25-4321, and amendments thereto; and (6) a statement that a list of all petition circulators, as defined in K.S.A. 25-3608, and amendments thereto, authorized to circulate recall petitions for such recall may be examined in the office of the county election officer where the petition is required to be filed.
(b) Each page of a petition for recall of a local officer shall be in substantially the following form:
I, the undersigned, hereby seek the recall of ____________ from the office of __________, on the ground(s) that ____________, (state specific grounds) and declare that I am a registered elector of ______________ County, Kansas, and of the election district of the officer named above.
Street Number  Name of  or RR  Name of  Date of  Signer  (as Registered)  City  Signing
NOTE:
1.  It is a class B misdemeanor to sign a name other than your own name to this petition, to knowingly sign more than once for the recall of the same officer at the same election or to sign this petition knowing you are not a registered elector.
2.  The following comprise the recall committee:
(names and resident addresses)
3.  A list of all petition circulators, as defined in K.S.A. 25-3608, and amendments thereto, authorized to circulate petitions for this recall may be examined in the office of the ____________ County election officer.
(c) A county election officer shall provide a sample of the form prescribed by subsection (b) upon request by any person.
(d) The affidavit required by K.S.A. 25-4325, and amendments thereto, shall be appended to each petition for recall of a local officer.
History:
L. 1976, ch. 178, § 20; L. 1978, ch. 147, § 4; L. 1988, ch. 119, § 7; L. 1991, ch. 104, § 2; L. 2001, ch. 128, § 10; L. 2014, ch. 98, § 8; May 15.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4321 Same; certain acts crimes.

25-4321.
Same; certain acts crimes.
Any person who signs a name other than that person's own name to a petition for recall of a local officer, or who knowingly signs more than once for the same proposition at one election, or who signs the petition knowing he or she is not a registered elector is guilty of a class B misdemeanor. Each page of the petition shall include a statement of warning of this crime.
History:
L. 1976, ch. 178, § 21; L. 1976, ch. 176, § 1; L. 1978, ch. 147, § 5; April 25.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4323 Same; petition; filing, when; limitations.

25-4323.
Same; petition; filing, when; limitations.
(a) No petition for recall of a local officer may be filed during the first one hundred and twenty (120) days of the term of office of the local officer sought to be recalled or within less than one hundred and eighty (180) days of the termination of the term of office of the local officer sought to be recalled.
(b) Only one recall election may be held to recall a particular local officer in a single term of office, and no petition for a second recall election within a single term shall be approved or circulated.
(c) The number of local officers serving on the same governing body which may be subject to recall at the same time shall not exceed a majority of the members of the governing body minus one, and no petition for recall of a local officer serving on a governing body shall be approved if petitions for the recall of other local officers serving on the same governing body have been properly filed and elections thereon have not been held and the number of such other local officers equals a majority of the members of the governing body minus one.
History:
L. 1976, ch. 178, § 23; L. 1978, ch. 147, § 6; April 25.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4324 Same; petition; circulation; signatures; withdrawal.

25-4324.
Same; petition; circulation; signatures; withdrawal.
The petitions shall be circulated in person by a sponsor. No petition shall be circulated in more than one county. The county election officer of the county in which each petition is circulated shall certify to the county election officer where petitions are required to be filed the sufficiency of the signatures on the petition. Any registered elector of such election district may subscribe to the petition by signing such elector's name and address. A person who has signed the petition may withdraw such person's name only by giving written notice to the county election officer where petitions are to be filed before the date filed. The necessary signatures on a petition shall be secured within 90 days from the date that the recall committee receives notice that the county or district attorney has determined that the grounds for recall as stated in the petition are sufficient as required by K.S.A. 25-4322, and amendments thereto. The petition shall be signed only in ink. Illegible signatures unless accompanied by a legible printed name may be rejected by the county election officer.
History:
L. 1976, ch. 178, § 24; L. 1978, ch. 147, § 7; L. 1991, ch. 104, § 3; L. 1999, ch. 105, § 10; L. 2002, ch. 146, § 8; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4325 Recall of local officers; petition; affidavit, form, number of signatures.

25-4325.
Recall of local officers; petition; affidavit, form, number of signatures.
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 signatures 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 contained 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. 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.
History:
L. 1976, ch. 178, § 25; L. 1976, ch. 177, § 5; L. 1978, ch. 147, § 8; L. 1987, ch. 130, § 2; L. 2003, ch. 127, § 8; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4326 Same; petition; determination of sufficiency; when improperly filed.

25-4326.
Same; petition; determination of sufficiency; when improperly filed.
The county election officer of the county where petitions are required to be filed, with the assistance and cooperation of each other county election officer involved, shall determine the sufficiency of each petition for recall of a local officer. Within thirty (30) days of the date of filing, such county election officer shall review the petition and shall notify the recall committee and the local officer sought to be recalled whether the petition was properly or improperly filed. Such county election officer shall notify the recall committee that the petition was improperly filed if he or she determines that (a) there is an insufficient number of subscribing qualified registered electors, (b) the petition was filed within less than one hundred and eighty (180) days of the termination of the term of office of the local officer sought to be recalled, (c) the local officer sought to be recalled has been or is being subjected to another recall election during his or her current term of office, (d) petitions for the recall of other local officers serving on the same governing body have been properly filed and elections thereon have not been held and the number of such local officers equals a majority of the members of the governing body minus one or (e) the petition does not conform to any other requirement of this act.
History:
L. 1976, ch. 178, § 26; L. 1978, ch. 147, § 9; April 25.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4328 Same; election; form of ballot; vacancy in office.

25-4328.
Same; election; form of ballot; vacancy in office.
If the county election officer of the county where petitions are required to be filed determines the petition is properly filed and if the office is not vacant, such election officer shall prepare the ballots and shall call a special election to be held on a date not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed. If a vacancy occurs in the office held by the local officer sought to be recalled at any time after the date that notification is given that the petition therefor was properly filed, the county election officer, if such officer determines that unnecessary election expenses may be avoided thereby, may cancel such special election. The county election officer shall immediately notify the recall committee and any other county election officer involved of such vacancy and determination and take such other action as may be necessary to withdraw such proposition from submission to election. If a primary or general election is to be held not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election. If an election at which all or some of the residents of the district are entitled to vote, is to be held more than 90 days but not more than 120 days after the date notification is given that the petition was properly filed, the recall election may be held on the date of such election. The ballot shall be designed with the question of whether the local officer shall be recalled, placed on the ballot in the following manner: "Shall (name of official) be recalled from the office of ______________?" Provision shall be made for marking the question "Yes" or "No." Except as otherwise specifically provided by this act, laws applicable to question submitted elections shall apply to elections held under this section.
History:
L. 1976, ch. 178, § 28; L. 1984, ch. 146, § 1; L. 1992, ch. 1, § 1; February 13.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4329 Same; election; public inspection of statements.

25-4329.
Same; election; public inspection of statements.
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.
History:
L. 1976, ch. 178, § 29; L. 2003, ch. 127, § 9; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4330 Same; election results; certification; vacancies; disqualification for appointment to governing body.

25-4330.
Same; election results; certification; vacancies; disqualification for appointment to governing body.
If a majority of the votes cast on the question of recall favor the recall of the local officer, the county board of canvassers shall so determine and the county election officer shall so certify and the office shall be vacant on the day after the date of certification. A vacancy caused by a recall shall be filled as a vacancy caused by other means. No local officer who has been recalled, or who has resigned after a petition for recall has been filed to recall such officer, shall be eligible for appointment to fill such vacancy, and if the officer is a member of a governing body, the person so resigning shall be ineligible for appointment to any other position or office on such governing body until the current term of that office has expired.
History:
L. 1976, ch. 178, § 30; L. 1980, ch. 114, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 43 - Recall Of Elected Officials › 25-4331 Same; action to have determinations relating to recall reviewed.

25-4331.
Same; action to have determinations relating to recall reviewed.
Any person aggrieved by a determination made by the county election officer or county attorney of the county where petitions are required to be filed may bring an action to have the determination reviewed within thirty (30) days of the date on which notice of determination was given by action in the district court of such county.
History:
L. 1976, ch. 178, § 31; April 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4401 Electronic and electromechanical voting systems and electronic poll books; definitions.

25-4401. Electronic and electromechanical voting systems and electronic poll books; definitions.
As used in this act unless the context otherwise requires:
(a) "Ballot" may include an electronic display or printed document containing the offices and questions on which voters in a specified voting area are eligible to vote.
(b) "Counting location" means the location in the county selected by the county election officer for the counting of ballots.
(c) "Electronic or electromechanical voting system" means a system of casting votes and tabulating ballots employing automatic tabulating equipment or data processing equipment including a direct recording electronic system.
(d) "Direct recording electronic system" means a system that records votes by means of a ballot display provided with mechanical or electro-optical components that can be activated by the voter, that processes data by means of a computer program, that records voting data and ballot images in memory components, that produces a tabulation of the voting data stored in a removable memory component and as printed copy, and that may also provide a means for transmitting individual ballots or vote totals to a central location for consolidating and reporting results from precincts at the central location.
(e) "Electronic poll book" means an electronic list of registered voters for a particular precinct or polling location that may be transported to a polling location and on which each voter may sign the voter's signature. "Electronic poll book" includes both the hardware and software necessary for operation. An "electronic poll book" is a type of "poll book" as provided in K.S.A. 25-2507, and amendments thereto. "Electronic poll book" does not include automatic tabulating equipment or data processing equipment, including a direct recording electronic system, that are components of an electronic or electromechanical voting system.
History:
L. 1977, ch. 129, § 1; L. 1982, ch. 158, § 14; L. 2007, ch. 125, § 10; L. 2022, ch. 87, § 10; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4402 Purchase, lease or rent and use by county.

25-4402. Purchase, lease or rent and use by county.
Subject to the limitations of article 44 of chapter 25 of Kansas Statutes Annotated, and amendments thereto, the board of county commissioners and the county election officer of any county are authorized to purchase, lease or rent and use electronic or electromechanical voting systems or electronic poll books as provided by K.S.A. 25-4403, and amendments thereto.
History:
L. 1977, ch. 129, § 2; L. 1980, ch. 115, § 1; L. 2022, ch. 87, § 11; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4404 Certification by secretary of state; statement required.

25-4404. Certification by secretary of state; statement required.
The secretary of state shall examine and approve the kinds or makes of electronic or electromechanical voting systems, including operating systems, firmware and software, and electronic poll books, and no kind or make of such system or electronic poll book shall be used at any election unless and until it receives certification by the secretary of state and a statement thereof is filed in the office of the secretary of state.
History:
L. 1977, ch. 129, § 4; L. 2007, ch. 125, § 12; L. 2022, ch. 87, § 13; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 44 - Electronic And Electromechanical Voting Systems › 25-4406 Mandatory requirements for electronic or electromechanical systems and poll books approved.

25-4406. Mandatory requirements for electronic or electromechanical systems and poll books approved.
Electronic or electromechanical voting systems approved by the secretary of state:
(a) Shall provide for voting for the candidates for nomination or election of all political parties officially recognized pursuant to K.S.A. 25-302a, and amendments thereto;
(b) shall permit a voter to vote for any independent candidate for any office;
(c) shall provide for voting on constitutional amendments or other questions submitted;
(d) shall be so constructed that, as to primaries where candidates are nominated by political parties, the voter can vote only for the candidates for whom the voter is qualified to vote according to articles 2 and 33 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(e) shall afford the voter an opportunity to vote for any or all candidates for an office for whom the voter is by law entitled to vote and no more, and at the same time shall prevent the voter from voting for the same candidate twice for the same office;
(f) shall be so constructed that in presidential elections the presidential electors of any political party may be voted for by one action;
(g) shall provide for "write-in" votes;
(h) shall provide for voting in absolute secrecy, except as to persons who request assistance due to temporary illness or disability or a lack of proficiency in reading the English language;
(i) shall reject all votes for an office or upon a question submitted when the voter has cast more votes for such office or upon such question than the voter is entitled to cast;
(j) shall provide for instruction of voters on the operation of voting machines, illustrating the manner of voting by the use of such systems. The instruction may include printed materials or demonstration by election board workers;
(k) shall provide a paper record of each vote cast, produced at the time the vote is cast;
(l) shall have the ability to be tested both before an election and prior to the date of canvass. The test shall include the ability to match the paper records of such machines to the vote totals contained in the machines;
(m) shall meet the requirements of the help America vote act of 2002 and other federal statutes and regulations governing voting equipment; and
(n) shall not have the capability nor shall any component of an electronic or electromechanical voting system have the capability to be connected to the internet or to any other communications or computer network, including, but not limited to, a local area network, wireless network, cellular network or satellite network, or to use bluetooth or any other wireless communications technology.
History:
L. 1977, ch. 129, § 6; L. 1980, ch. 115, § 4; L. 2000, ch. 49, § 4; L. 2007, ch. 125, § 14; L. 2018, ch. 116, § 10; L. 2022, ch. 87, § 15; July 1.