reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 25 - Elections › Article 1 - General Provisions › 25-131 Severability clause for 2021 House Bill No. 2183, L. 2021, chapter 96.

25-131. Severability clause for 2021 House Bill No. 2183, L. 2021, chapter 96.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 2021, ch. 96, § 9; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-202 Methods of nomination of candidates; limitation on filing for office; exceptions to application of article.

25-202.
Methods of nomination of candidates; limitation on filing for office; exceptions to application of article.
(a) Except as otherwise provided in subsection (b) all candidates for national, state, county and township offices shall be nominated by: (1) A primary election held in accordance with article 2 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto; or (2) independent nomination petitions signed and filed as provided by existing statutes.
(b) Candidates for any of such offices who are members of any political party whose candidate for governor did not poll at least 5% of the total vote cast for all candidates for governor in the preceding general election shall not be entitled to nomination by primary election but shall be nominated by a delegate or mass convention according to article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto.
(c) No candidate for any national, state, county or township office shall file for office as a partisan candidate in a primary election and also file for office as an independent candidate for any national, state, county or township office in the general election immediately following.
(d) The provisions of article 2 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, shall not apply to the justices of the supreme court or to judges of the district court in judicial districts which have approved the proposition of nonpartisan selection of district court judges, as provided in K.S.A. 20-2901, and amendments thereto, nor to special elections to fill vacancies.
History:
R.S. 1923, 25-202; L. 1953, ch. 195, § 1; L. 1955, ch. 203, § 1; L. 1968, ch. 406, § 66; L. 1974, ch. 137, § 17; L. 1984, ch. 137, § 1; L. 1989, ch. 106, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-203 Date of primary election for national, state, county and township offices.

25-203. Date of primary election for national, state, county and township offices.
The primary national, state, county and township election shall be held on the first Tuesday of August in even-numbered years for the nomination of all candidates to be voted for at the next following general election.
History:
L. 1908, ch. 54, § 3; L. 1909, ch. 136, § 2; R.S. 1923, 25-203; L. 1927, ch. 201, § 1; L. 1933, ch. 184, § 1; L. 1943, ch. 104, § 1; L. 1968, ch. 406, § 67; L. 1992, ch. 237, § 1; L. 2023, ch. 79, § 16; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-204 Primary election notice.

25-204.
Primary election notice.
On or before April second in even-numbered years before the time of holding the statewide primary election, the secretary of state shall prepare and transmit to each county election officer a notice in writing, designating the offices for which candidates are to be nominated at such statewide primary election. Upon receipt of such notice each county election officer shall forthwith publish so much thereof as may be applicable to his county, once each week for three consecutive weeks, in the official county paper. Such notice so published shall state the time when such primary election will be held, together with the offices for which candidates are to be nominated.
History:
R.S. 1923, 25-204; L. 1935, ch. 171, § 1; L. 1943, ch. 103, § 3; L. 1968, ch. 406, § 68; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-206 Fees of candidates; declaration.

25-206.
Fees of candidates; declaration.
(a) Except as provided in subsection (b), when a candidate in lieu of nomination petitions files a declaration of intention to become a candidate for any national, state, county or township office, the accompanying fee shall be in an amount as follows: For the office of United States senator, United States representative from any district or at large, all state offices, and all county offices, where the salary is over $1,000 per year, a sum equal to 1% of one year's salary as determined by the secretary of state for state and national offices, and as determined by the county election officer for county offices. For all county offices where the salary is $1,000 or less, a fee of $5; for a state senator, $75; for representatives, $50; for all township offices, $1. Nothing in this act shall be construed as requiring any fee of a candidate filing a declaration of intention to become a candidate for precinct committeeman or precinct committeewoman. The officer receiving the funds shall turn them over to the state treasurer, if deposited with the secretary of state, or to the county treasurer, if deposited with the county election officer, and the funds shall become a part of the general fund of the respective government.
Such declaration shall be prescribed by the secretary of state and shall be attested before a county election officer or deputy county election officer in the case of county and township offices, and before a county election officer, the secretary of state or a deputy of one of such officers in the case of state and national offices, and a notary public in the case of precinct committeemen and committeewomen.
(b) When a candidate for the office of district magistrate judge, in lieu of nomination petitions, files a declaration of intention to become a candidate for such office, the declaration shall be in the same form and subject to the same method of attestation as provided for other state officers in subsection (a) and the required fee to accompany the declaration shall be $100.
History:
R.S. 1923, 25-206; L. 1961, ch. 199, § 1; L. 1968, ch. 406, § 70; L. 1970, ch. 134; § 1; L. 1976, ch. 180, § 2; L. 1980, ch. 94, § 11; L. 1986, ch. 115, § 70; L. 1989, ch. 106, § 4; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-208 Place of filing nomination petitions and declarations.

25-208.
Place of filing nomination petitions and declarations.
All nomination petitions and declarations of candidates shall be filed as follows: (1) For state officers, United States senator, representatives in congress, in the office of the secretary of state. (2) For all county and township officers and precinct committeemen and committeewomen, in the office of the county election officer.
History: R.S. 1923, 25-208; L. 1935, ch. 172, § 1; L. 1968, ch. 406, § 71; L. 1989, ch. 107, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-208a Validity of nominations; determination; duties of secretary of state and county election officers; objections.

25-208a. Validity of nominations; determination; duties of secretary of state and county election officers; objections.
(a) Within 10 days, Saturdays, Sundays and holidays not included, from the date of the filing of nomination petitions or a declaration of intention to become a candidate for United States senator or representative or for state office, the secretary of state shall determine the validity of such petitions or declaration.
The secretary of state shall send a copy of all petitions to the county election officer of the county of the district in which the nomination petition was passed. The county election officer shall check the petitions only for valid signatures and certify the results of such check to the secretary of state within 10 days, including Saturdays, Sundays and holidays, of the date the petitions were filed with the secretary. The secretary of state upon receipt of the validated petition from the county election officer shall notify the candidate of the validity of the petition.
(b) Within three days from the date of the filing of nomination petitions or a declaration of intention to become a candidate for county or township office or for precinct committeeman or committeewoman, the county election officer shall determine the validity of such petitions or declaration. The county election officer shall verify the party affiliation of the candidate at the time a declaration of intention is filed to become a candidate for precinct committeeman or committeewoman.
(c) If any nomination petitions or declarations are found to be invalid, the secretary of state or the county election officer, as the case may be, shall notify the candidate on whose behalf the petitions or declaration was filed that such nomination petitions or declaration have been found to be invalid and the reason for the finding. Such candidate may make objection to the finding of invalidity by the secretary of state or the county election officer in accordance with K.S.A. 25-308, and amendments thereto.
History:
L. 1978, ch. 135, § 1; L. 1989, ch. 107, § 2; L. 1990, ch. 121, § 1; L. 2011, ch. 56, § 16; L. 2011, ch. 112, § 9; L. 2023, ch. 79, § 17; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-209 Certification of candidates; publication notice of primary elections; municipal primary elections.

25-209. Certification of candidates; publication notice of primary elections; municipal primary elections.
(a) As soon as possible after the filing deadline, the secretary of state shall certify to each county election officer the name and post-office address of each person who has filed valid nomination petitions or a declaration of intent to become a candidate for United States senator or representative or for state office, together with the designation of the office for which each is a candidate and the party or principle which the candidate represents.
(b) The county election officer shall, upon receipt thereof, publish for three consecutive weeks in the official paper, a notice which shall set forth under the proper party designation, the title of each national, state, county and township office any part of the district of which is in the county, the names and addresses of all persons certified by the secretary of state as candidates for any national or state office any part of the district of which is in the county and, in addition thereto, the names and addresses of all persons from whom valid nomination papers or declarations have been filed in the county election officer's office, giving the name and address of each, the day of the primary election, the hours during which the polls will be open and stating that the primary election will be held at the regular voting places. Where such voting places are not well established and customarily known the published notice herein provided for shall give the location of such voting places.
(c) The secretary of state and county election officers shall utilize the procedures established in this section to the extent applicable for municipal elections conducted in the fall of both odd-numbered and even-numbered years when needed.
History:
R.S. 1923, 25-209; L. 1968, ch. 406, § 72; L. 1973, ch. 153, § 12; L. 1978, ch. 135, § 2; L. 1979, ch. 105, § 2; L. 2015, ch. 88, § 30; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-210 Official primary election ballots.

25-210. Official primary election ballots.
(a) The official primary election ballot for national and state offices and the official primary election ballot for county and township offices of each political party shall be arranged on the ballot, printed, voted, and canvassed in the same manner as is now or hereafter provided by law for the arrangement, printing, voting, and canvassing of official general ballots for national and state offices and official general ballots for county and township offices, except as otherwise provided by law.
(b) The official primary election ballot for municipal elections in odd-numbered years shall be arranged and printed by the county election officer.
History:
L. 1908, ch. 54, § 8; L. 1915, ch. 204, § 4; R.S. 1923, 25-210; L. 1968, ch. 406, § 73; L. 1981, ch. 165, § 1; L. 2015, ch. 88, § 31; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-211 Pre-election ballot inspection; suggested changes in ballots; corrections; number of ballots printed.

25-211. Pre-election ballot inspection; suggested changes in ballots; corrections; number of ballots printed.
The county election officer shall, at least 50 days prior to the primary election, mail to each person whose name is to appear on the official ballot in such county and to the chairpersons of the political parties of such county a list of those candidates whose names will be printed on the national, state, county and township primary election ballots, including the office, the candidate's name, the city where the candidate resides and the candidate's political party, as such information will appear on the primary election ballot. The chairperson of each political party or any candidate may, on or before the 45th day preceding such primary election, suggest to the county election officer any changes to the ballot, and, if upon examination the county election officer shall find any error or omission in such ballot, the county election officer shall correct the ballot and cause such ballot to be printed and distributed as required by law in the case of ballots for the national, state, county and township general election. The number of ballots of each party to be furnished to each precinct shall be adequate in the opinion of the county election officer.
History:
L. 1908, ch. 54, § 9; L. 1909, ch. 136, § 3; L. 1915, ch. 204, § 5; R.S. 1923, 25-211; L. 1968, ch. 406, § 74; L. 2023, ch. 79, § 18; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-213a Ballot form; governor and lieutenant governor.

25-213a.
Ballot form; governor and lieutenant governor.
Notwithstanding any provision of K.S.A. 25-213, and amendments thereto, there shall be printed upon the official primary election ballots the following heading (in lieu of the heading otherwise provided by law) when the governor and lieutenant governor are to be nominated:
OFFICIAL PRIMARY ELECTION BALLOT ______________ Party
"To vote for persons for governor and lieutenant governor whose names are printed on the ballot make a cross or check mark in the square to the left of the names of the persons running together for such offices.
"To vote for a person (except governor and lieutenant governor) whose name is printed on the ballot make a cross or check mark in the square to the left of the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write such person's name in the blank space provided for the purpose and make a cross or check mark in the square to the left."
After the names of each office, there shall be a statement of the number of candidates to vote for, for the particular office, and for one pair of governor and lieutenant governor candidates running together. When the governor, lieutenant governor, secretary of state, attorney general, state treasurer and commissioner of insurance are not to be nominated, no reference to those offices shall appear on the ballot.
To the left of governor and lieutenant governor running together, one square shall be printed to the left of the names of each pair running together. No blank lines shall be printed following the offices of governor and lieutenant governor.
History:
L. 1973, ch. 153, § 14; L. 1978, ch. 137, § 1; L. 1993, ch. 287, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-214 Statutes applicable to primary elections.

25-214.
Statutes applicable to primary elections.
The provisions of existing statutes concerning elections, and any amendment now or hereafter made thereto, so far as the same are consistent with provisions of law relating to primary elections, shall apply to primary elections, the intent being to place primary elections under the regulations and protections in all respects of the laws in force as to the general elections.
History:
L. 1908, ch. 54, § 10; L. 1915, ch. 204, § 8; R.S. 1923, 25-214; L. 1929, ch. 177, § 1; L. 1968, ch. 406, § 77; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-215 Qualifications of voters at primary elections; registration required.

25-215.
Qualifications of voters at primary elections; registration required.
(1) No person shall be entitled to vote at any national, state, county or township primary election unless he or she is a resident of the voting area, a citizen of the United States, at least eighteen (18) years of age, and duly registered. (2) The provisions as to registration required by existing statutes, and by any amendment now or hereafter made thereto, shall apply to such primary elections.
History:
L. 1908, ch. 54, § 11; R.S. 1923, 25-215; L. 1957, ch. 229, § 1; L. 1968, ch. 406, § 78; L. 1972, ch. 132, § 9; L. 1977, ch. 133, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-216 Challenging right to vote; affidavit.

25-216.
Challenging right to vote; affidavit.
The right of any person to vote at any national, state, county and township primary election may be challenged by any elector upon the same ground and his right to vote be determined in the same manner as at a national, state, county and township general election, except as otherwise provided herein.
If the person offering such person's vote is challenged as unqualified on the ground that the person is not a member of the party announced by such person, the person shall make and subscribe an affidavit in the following form, which shall be presented to and retained by the election board, and returned by the supervising judge with the poll list:
STATE OF KANSAS, COUNTY OF ________, ss.
I, ______________, am a registered voter in this jurisdiction and I am qualified to vote in this election. I am affiliated with the ________ party; I have not signed the petition of a member of any other party who is seeking a nomination at this primary election; and I have not signed the nominating petition of an independent candidate for any office for which candidates are to be voted for at this primary election.
I declare under penalty of perjury that the foregoing is true and correct, this ____ day of __________, A.D. ______.
_______________, Voter  _______________, Judge of Election.
History:
L. 1908, ch. 54, § 12; R.S. 1923, 25-216; L. 1968, ch. 406, § 79; L. 1969, ch. 185, § 2; L. 1972, ch. 132, § 1; L. 2000, ch. 56, § 1; L. 2004, ch. 25, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 2 - Primary Elections › 25-223 Payment of primary election expenses.

25-223.
Payment of primary election expenses.
All ballots and other supplies to be used at any national, state, county and township primary election, and all expenses necessarily incurred in the preparation for or conducting such primary elections, shall be paid out of the treasury of the county or state, as in the case of national, state, county and township general elections. The printing and distribution of the ballots shall be under the charge and control of the county election officer.
History:
L. 1908, ch. 54, § 19; R.S. 1923, 25-223; L. 1968, ch. 406, § 83; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-301 Nominations by political parties to be designated as party nominations; selection of presidential electors; nomination of governor and lieutenant governor.

25-301. Nominations by political parties to be designated as party nominations; selection of presidential electors; nomination of governor and lieutenant governor.
All nominations made by political parties shall be known and designated as "party nominations," and the certificates by which such nominations are certified shall be known and designated as "party certificates of nomination." Party nominations of candidates for public office can be made only by a delegate or mass convention, primary election or caucus of qualified voters belonging to one political party having a national or state organization. Each political party that is a recognized political party in accordance with K.S.A. 25-302a, and amendments thereto, shall adopt procedures to select presidential electors and select presidential electors in accordance with such procedures. Party nominations for governor and lieutenant governor can be made only by a delegate or mass convention of qualified electors belonging to a political party having a national or state organization and any such political party must be one that is not permitted to nominate its candidates by primary election, and such nominations shall be made with the candidates being selected so that each convention vote shall be made for a candidate for governor and a candidate for lieutenant governor running together. Party nominations so made shall, subject to the provisions of this act, be placed upon the official general ballot.
History:
L. 1893, ch. 78, § 3; L. 1897, ch. 129, § 3; L. 1901, ch. 177, § 1; R.S. 1923, 25-301; L. 1961, ch. 200, § 3; L. 1968, ch. 406, § 89; L. 1973, ch. 153, § 15; L. 1979, ch. 106, § 1; L. 2023, ch. 24, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-302 Same; caucus or convention by parties not authorized to participate in primary.

25-302.
Same; caucus or convention by parties not authorized to participate in primary.
Any recognized political party except those authorized to participate in a primary election pursuant to K.S.A. 25-202, and amendments thereto, may by means of a delegate or mass convention or caucus of qualified voters belonging to such party for the state or municipality, or any lawfully organized portion of either, for which such convention or caucus is held, nominate one person for each office that is to be filled therein at the next ensuing election, and, subject to the provisions of this act, file a certificate of such nominations so made. A convention or caucus for nominating persons for national, state, district, or county offices shall be called by the state chairperson of the party, or if there be no state chairperson by the party's candidate for governor at the preceding general election.
Every such certificate shall be signed by the presiding officer and a secretary of the convention or caucus making such nominations. In each case the persons signing the certificates shall add to their signatures their places of residence, and shall make and subscribe an oath that, to the best of their knowledge and belief, such certificates and the statements therein made are true; and a certificate that such oath has been taken and administered shall be made and signed on such certificate of nomination by the officer before whom the same was taken.
History: L. 1893, ch. 78, § 4; L. 1897, ch. 129, § 4; L. 1901, ch. 177, § 2; R.S. 1923, 25-302; L. 1955, ch. 204, § 1; L. 1984, ch. 137, § 2; April 5.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-302b Recognized political party; loss of recognition.

25-302b.
Recognized political party; loss of recognition.
Any recognized political party whose nominee for any office for which the officer is elected from the state as a whole fails to receive at least 1% of the total vote cast for any such office in this state at any general election, or which fails to nominate persons for at least one such office, shall cease to be a recognized political party. The secretary of state shall notify all county election officers that such party has ceased to be recognized.
History:
L. 1984, ch. 137, § 4; L. 1995, ch. 192, § 3; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-302c Same; listing of affiliated voters.

25-302c.
Same; listing of affiliated voters.
When a political party ceases to be recognized, each county election officer shall list as unaffiliated any registered voters then affiliated with that party.
History:
L. 1984, ch. 137, § 5; April 5.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-304 Certificates of nomination; party certificates; party names; presidential electors.

25-304.
Certificates of nomination; party certificates; party names; presidential electors.
All certificates of nomination shall be in writing, shall contain the name of each person nominated, with such person's residence and the office for which nominated. Party certificates of nomination shall designate the political party which the convention, primary election or caucus making the nominations represented. When electors for president and vice-president of the United States are nominated, the names of the candidates for president and vice-president may also be shown on the certificates. Independent nomination petitions for presidential electors shall contain the names of each elector and the names of the candidates for president and vice-president of the United States, together with the residence of each elector and candidate. The provisions of this section shall not apply to city or school elections, nor to the election of officers for which it is provided by law to be elected at the time of city and school elections.
History:
R.S. 1923, 25-304; L. 1968, ch. 406, § 91; L. 1979, ch. 106, § 2; L. 2003, ch. 112, § 5; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-306 Acceptance of multiple nominations prohibited; exceptions.

25-306.
Acceptance of multiple nominations prohibited; exceptions.
Unless a person declines a nomination pursuant to K.S.A. 25-306e, and amendments thereto, withdraws from candidacy pursuant to K.S.A. 25-306a, and amendments thereto, or withdraws from a nomination pursuant to K.S.A. 25-306b, and amendments thereto:
(a) No person shall be eligible to accept more than one nomination for the same office.
(b) No person shall be eligible for nomination to an office pursuant to K.S.A. 25-303 or 25-304, and amendments thereto, if such person has filed either a declaration of intention to become a candidate for the same office or has filed a nomination petition for the same office.
(c) No person shall be eligible to file either a declaration of intention to become a candidate for an office or a nomination petition for an office if such person has accepted a nomination for the same office pursuant to K.S.A. 25-303 or 25-304, and amendments thereto.
History: L. 1893, ch. 78, § 8; L. 1897, ch. 129, § 8; L. 1901, ch. 177, § 5; L. 1903, ch. 228, § 1; R.S. 1923, 25-306; L. 1955, ch. 205, § 1; L. 1968, ch. 406, § 93; L. 1970, ch. 135, § 3; L. 1999, ch. 105, § 6; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-306a Withdrawal of candidacy; procedure and deadline for withdrawal; omission of name from ballot.

25-306a.
Withdrawal of candidacy; procedure and deadline for withdrawal; omission of name from ballot.
Any person who has been nominated to be a candidate at any primary election for any national, state, county or township office may cause such person's name to be withdrawn from nomination by a request in writing, signed by the person nominated and acknowledged before an officer qualified to take acknowledgments of deeds, and filed with the secretary of state in the case of national and state offices or with the county election officer in the case of county and township offices not later than 12:00 noon, on the day fixed for the deadline for filing of a petition for nomination or the declaration of intent to become a candidate in accordance with K.S.A. 25-205, and amendments thereto. No name so withdrawn shall be printed on the ballots for such office for such primary election.
History:
L. 1970, ch. 135, § 1; L. 1983, ch. 120, § 3; L. 1992, ch. 237, § 4; May 14.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-306b Withdrawal from nomination, when permitted; omission of name from ballot; death of nominee.

25-306b. Withdrawal from nomination, when permitted; omission of name from ballot; death of nominee.
(a) Except as provided by this section, no person who has been nominated by any means for any national, state, county or township office may be withdrawn from nomination after the day of the primary election.
(b) (1) A person who has been nominated by any means for any national, state, county or township office may be withdrawn from nomination if:
(A) The nominee certifies to the secretary of state that such nominee is withdrawing from nomination because of a severe medical hardship on the nominee or the nominee's immediate family. Such nominee shall send the secretary a certification of the severe medical hardship signed by a medical doctor; or
(B) the nominee certifies to the secretary of state that the nominee does not reside in the state of Kansas.
(2) If the secretary of state receives either of the certifications listed in paragraph (A) or (B) from a nominee on or before the first day of September following a primary election, such nominee's name shall be withdrawn from nomination and such nominee's name shall not be printed on the ballots for such office for the general election. The secretary of state, in the case of national and state offices, or the county election officer in the case of county or township offices, shall notify the chairperson or the vice-chairperson of the party committee of the congressional district, county or state, as the case may be, of such vacancy within 48 hours of receiving a certification listed in paragraph *(A) or (B).
(c) In the case of the death of a person who has been nominated for any national, state, county or township office, which occurs on or before the first day of September following a primary election, such nominee's name shall be withdrawn from nomination and such nominee's name shall not be printed on the ballots for such office for the general election. The secretary of state in the case of national and state offices, or the county election officer in the case of county or township offices, shall notify the chairperson or the vice-chairperson of the party committee of the congressional district, county or state, as the case may be, of such vacancy within 48 hours of receiving notification of such death.
History:
L. 1970, ch. 135, § 2; L. 1973, ch. 150, § 1; L. 1991, ch. 99, § 1; L. 1995, ch. 192, § 4; L. 1997, ch. 124, § 10; L. 2015, ch. 88, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-306c Certificates of nomination; public inspection.

25-306c.
Certificates of nomination; public inspection.
Upon the filing thereof, all certificates of nomination shall be open to public inspection. The secretary of state or the county election officer having charge of such certificates shall retain such certificates for at least one year following the date of the election.
History:
L. 1999, ch. 105, § 4; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-306d Filing fees nonrefundable.

25-306d.
Filing fees nonrefundable.
No filing fee shall be refunded to any person:
(a) Declining a nomination pursuant to K.S.A. 25-306e, and amendments thereto;
(b) withdrawing from candidacy pursuant to K.S.A. 25-306a, and amendments thereto; or
(c) withdrawing from nomination pursuant to * 25-306b, and amendments thereto.
History:
L. 1999, ch. 105, § 5; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-306e Multiple nominations; acceptance of only one nomination.

25-306e.
Multiple nominations; acceptance of only one nomination.
If any person receives two or more nominations for the same office, such person shall file within seven days, including Saturday, Sunday and holidays, after the last nomination is received, a written statement, signed and sworn to by such person, designating which nomination such person desires to accept. Such statement shall be filed in the office where nomination papers are required to be filed. Upon filing such statement, such person shall be deemed to have declined any other nomination. If such person refuses or neglects to file such statement, the officer with whom the nomination papers are filed, immediately upon the expiration of the seven-day period, shall make and file in such officer's office an election of one nomination for such candidate. The county election officer shall print such candidate's name upon the official ballot under the designation so selected, and under no other designation.
History:
L. 1999, ch. 105, § 7; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-309 Certification of and placing on ballot of name of person nominated to fill vacancy.

25-309.
Certification of and placing on ballot of name of person nominated to fill vacancy.
When such certificate is filed with the secretary of state, he shall, in certifying nominations to the various county election officers, insert the name of the person thus nominated to fill vacancy in place of the original nominee; and in the event that he has already sent forward his certificate, he shall forthwith certify to the election officers of the proper counties the name and description of the person so nominated to fill the vacancy, the office he is nominated for, with the other details mentioned in certificates of nomination filed with the secretary of state. The names so supplied for the vacancy shall, if the ballots are not already printed, be placed on the ballots in place of the name of the original nominee; or, if the ballots have been printed, new ballots, whenever practicable, shall be furnished.
History:
L. 1893, ch. 78, § 11; L. 1897, ch. 129, § 11; R.S. 1923, 25-309; L. 1968, ch. 406, § 95; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-310 Placing on original ballot name to fill vacancy.

25-310.
Placing on original ballot name to fill vacancy.
Whenever it may not be practicable to have new ballots printed, it shall be the duty of the county election officer and election boards to place the name so supplied for the vacancy upon each ballot issued before delivering it to the voter; the name so supplied may be placed upon the ballots either by affixing a paster or by writing or stamping the name upon the ballot; and to enable this to be done, the officer with whom the certificates of nominations are to be filed shall immediately furnish the name of such substituted nominee to all county election officers within the territory in which such nominee is a candidate, and the county election officer shall inform the supervising judges thereof.
History:
L. 1893, ch. 78, § 12; L. 1897, ch. 129, § 12; R.S. 1923, 25-310; L. 1968, ch. 406, § 96; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-311 Certification of nominees by secretary of state to county election officers.

25-311.
Certification of nominees by secretary of state to county election officers.
Not less than twenty (20) days before an election to fill any national or state office, the secretary of state shall certify to the county election officer of each county within which any of the electors may by law vote for the candidates for such office, the name and residence of each person nominated for such office, as specified in the certificates of nomination or nomination papers filed with the secretary of state.
History:
L. 1893, ch. 78, § 13; L. 1897, ch. 129, § 13; R.S. 1923, 25-311; L. 1968, ch. 406, § 97; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-312 Vacancies in state and county offices, how filled.

25-312.
Vacancies in state and county offices, how filled.
All vacancies in any elective state or county office, unless otherwise provided for by law, shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. When any elected office is provided by law to be filled by appointment by the governor of a person selected by a party district convention, and the immediately past incumbent of such office was an independent without political party affiliation, the vacancy shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. If any vacancy shall occur in any state office which is to be abolished, the appointment to fill such vacancy shall extend until the date of such abolition and only until such date.
History: G.S. 1868, ch. 36, § 57; R.S. 1923, 25-312; L. 1941, ch. 226, § 2; L. 1959, ch. 174, § 1; L. 1968, ch. 406, § 98; L. 1972, ch. 131, § 7; L. 1979, ch. 107, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-312a Vacancy in office of judge of the district court; how filled.

25-312a. Vacancy in office of judge of the district court; how filled.
Except as otherwise provided in K.S.A. 20-2903 through 20-2913, and amendments thereto, whenever a vacancy occurs in the office of judge of the district court, it shall be filled by appointment by the governor following receipt of notice from the clerk of the supreme court, which shall be given not later than 120 days following the date the vacancy occurs or will occur. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualified. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualified at the next general election to serve the remainder of the unexpired term. Any appointment made by the governor as required by this section shall be made within 90 days following receipt of notice from the clerk of the supreme court.
History:
L. 1959, ch. 174, § 2; L. 1970, ch. 137, § 1; L. 1972, ch. 131, § 8; L. 1974, ch. 137, § 18; L. 1976, ch. 145, § 138; L. 1985, ch. 119, § 1; L. 1987, ch. 124, § 1; L. 2014, ch. 82, § 25; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-313 Commencement of terms of office.

25-313. Commencement of terms of office.
(a) Except as provided in subsection (b), the regular term of office of all state, district, county, township and municipal officers shall begin on the second Monday in January next after the election, except as otherwise provided by law.
(b) The regular term of office for all city officers shall begin on a date established by resolution of the city. The date shall be on or after December 1 following the certification of the election and no later than the second Monday in January following the certification of the election. If a city does not establish an alternative date for elected officials taking office, the term shall begin on the second Monday in January.
History:
R.S. 1923, 25-313; L. 2019, ch. 20, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-314 Term of office of persons filling vacancies.

25-314.
Term of office of persons filling vacancies.
Any of said officers that may be elected or appointed to fill vacancies may qualify and enter upon the duties of their office immediately thereafter, and when elected they may hold the same during the unexpired term for which they were elected, and until their successors are elected and qualified; but if appointed, unless otherwise provided by law, they shall hold the same only until their successors are elected and qualified. Appointment to fill a vacancy in an office which is to be abolished shall extend until the date of such abolition, and only until such date.
History:
G.S. 1868, ch. 36, § 59; R.S. 1923, 25-314; L. 1963, ch. 160, § 7; L. 1968, ch. 406, § 99; April 30.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-318 Vacancy in office of United States senator; how filled.

25-318.
Vacancy in office of United States senator; how filled.
When a vacancy shall occur in the office of United States senator from this state, the governor shall make a temporary appointment to fill such vacancy until the next election of representatives in congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.
History:
L. 1927, ch. 204, § 1; June 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 3 - Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies › 25-321 Vacancy in state senate and house of representatives; tenure of office of person appointed to fill vacancy.

25-321. Vacancy in state senate and house of representatives; tenure of office of person appointed to fill vacancy.
A person appointed to the office of state representative under the provisions of this act may hold the office for the remainder of the term. Any person appointed to the office of senator under the provisions of this act may hold the office: (a) If the vacancy occurs prior to May 1 of the second year of the term, until the next general election, when a senator shall be elected to fill the term; or (b) if such vacancy occurs on or after May 1 of the second year of the term, for the remainder of the term. In cases where the appointment of a senator is until the next general election, nomination and election of such successor shall be in the same manner as nomination and election of a senator for a regular term.
History:
L. 1947, ch. 246, § 3; L. 2011, ch. 112, § 20; L. 2023, ch. 79, § 22; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 4 - Conduct Of Elections › 25-407 Rule for determining residence of voter.

25-407.
Rule for determining residence of voter.
The judges of election, in determining the residence of a person offering to vote, shall be governed by this section. "Residence" means the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person has the intention of returning.
History:
G.S. 1868, ch. 36, § 9; R.S. 1923, 25-407; L. 1982, ch. 155, § 1; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 4 - Conduct Of Elections › 25-409 Challenged voters; rejection or acceptance of vote; procedure.

25-409.
Challenged voters; rejection or acceptance of vote; procedure.
(a) If any person challenged pursuant to K.S.A. 25-414, and amendments thereto, shall refuse to subscribe the application for registration pursuant to K.S.A. 25-2309, and amendments thereto, the judges shall reject such person's vote.
(b) If a person is challenged pursuant to K.S.A. 25-414, and amendments thereto, such person shall be permitted to subscribe the application for registration and mark a ballot. The person shall then execute the affirmation prescribed in subsection (c) of this section before a member of the election board and the ballot shall thereupon be sealed in an envelope. The judges shall write on the envelope the word "provisional" and a statement of the reason for the challenge, and that the ballot contained in the envelope is the same ballot which was challenged pursuant to K.S.A. 25-409 et seq., and amendments thereto. Such statement shall be attested by two of the judges. The judges shall attach the application for registration to the envelope containing the provisional ballot. The envelope shall be numbered to correspond to the number of the provisional voter's name in the registration or poll book, and the word "provisional" shall be written following the voter's name in the poll book. The judges shall provide written information stating how the voter may ascertain whether the voter's provisional ballot was counted and, if such ballot was not counted, the reason therefor. Such provisional ballots, together with objected to and void ballots packaged in accordance with K.S.A. 25-3008, and amendments thereto, shall be reviewed by the county board of canvassers at the time prescribed for canvassing votes, and such board shall determine the acceptance or rejection of the same. The county board of canvassers shall open all ballots deemed to be valid and include such ballots in the final canvass of election returns.
(c) The voter's affirmation shall be sufficient if substantially in the following form, but the voter's affirmation shall not contain less than that prescribed in the form:
VOTER'S AFFIRMATION
STATE OF KANSAS, COUNTY OF ________, ss.
I am a registered voter in this jurisdiction and I am qualified to vote in this election. I declare under penalty of perjury that the foregoing is true and correct. This ____ day of ______________ A.D. ______.
_____________________, Voter ______________, Judge of Election
History:
G.S. 1868, ch. 36, § 11; R.S. 1923, 25-409; L. 1974, ch. 156, § 1; L. 1975, ch. 206, § 1; L. 1979, ch. 108, § 1; L. 1983, ch. 121, § 1; L. 1992, ch. 6, § 1; L. 1995, ch. 192, § 25; L. 1996, ch. 187, § 1; L. 2001, ch. 124, § 3; L. 2004, ch. 25, § 2; July 1.
2023 Kansas Statutes › Chapter 25 - Elections › Article 4 - Conduct Of Elections › 25-413 Duty of clerks of election when vote received after person has taken oath prescribed.

25-413.
Duty of clerks of election when vote received after person has taken oath prescribed.
Whenever any person's vote shall be received after having subscribed the application for registration pursuant to subsection (b) of K.S.A. 25-409, and amendments thereto, it shall be the duty of the clerks of the election to write on the poll books, at the end of such person's name, the word "Sworn"; and the ballot shall be numbered on the upper right hand corner to correspond with the person's name on the poll books.
History:
G.S. 1868, ch. 36, § 15; L. 1877, ch. 103, § 1; R.S. 1923, 25-413; L. 1977, ch. 134, § 1; L. 2001, ch. 81, § 3; July 1.