Session of 1997
HOUSE BILL No. 2372
By Representative Krehbiel
9 AN ACT concerning elections; relating to the validity of nominations,
10 petitions and declarations and objections thereto; amending K.S.A. 25-
11 308 and repealing the existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 25-308 is hereby amended to read as follows: 25-
15 308. (a) Any certificate of nomination, nomination petitions or declara-
16 tion of intention to become a candidate, filed or issued in apparent con-
17 formity with law, shall be deemed to be valid unless:
18 (1) Objection thereto is made in writing
within three days from the
19 date the certificate, petitions or declaration is filed with or issued by the
20 proper officers prior to the 10th day, including Saturdays, Sundays and
21 holidays, following the date of the deadline fixed by K.S.A. 25-305, and
22 amendments thereto, for the filing of certificates of nomination by con-
23 vention or caucus and petitions for nomination and declarations of intent
24 to become a candidate; or
25 (2) objection thereto is made in writing on and after the date of the
26 primary and within three days, Saturdays, Sundays and holidays not
27 included, following the completion of the final canvass of any primary
28 election; or
29 (2) (3) in the case of nomination petitions and declarations of inten-
30 tion to become a candidate, the secretary of state or the county election
31 officer finds them to be invalid pursuant to K.S.A. 25-208a and amend-
32 ments thereto.
33 (b) If the secretary of state or the county election officer finds any
34 nomination petitions or declaration of intention to become a candidate
35 to be invalid pursuant to K.S.A. 25-208a and amendments thereto, the
36 candidate on whose behalf the petitions or declaration was filed may make
37 objection to such finding in writing within three days of receipt by the
38 candidate of notice of such finding.
39 (c) In the case of nominations of national and state officers, objections
40 shall be filed with the secretary of state and shall be considered by the
41 lieutenant governor, secretary of state, and attorney general, and a deci-
42 sion of a majority of these officers shall be final. In the case of nominations
43 for county, township, city and school officers, objections shall be filed
1 with the county election officer and shall be considered by the county
2 election officer, clerk of the district court and county attorney or district
3 attorney, and a decision of a majority of these officers shall be final.
4 (d) In any case where objection is made, notice shall forthwith be
5 given, by the officer with whom the objections are filed, to the other
6 officers required to determine the matter and to the candidates affected
7 thereby, addressed in the case of candidates to their places of residence
8 as given in the nomination petitions, declaration of intention to become
9 a candidate or certificate of nomination. The notice shall state the time
10 when the objection will be considered, which shall be not more than five
11 days following the giving of such notice in the case of nomination of a
12 national or state officer and not more than three days following the giving
13 of such notice in the case of nomination of a county, township, city or
14 school officer, and the place where such objections will be considered.
15 (e) The causes for objection under this section as to any office may
16 be any of those causes listed in K.S.A. 25-1436 and amendments thereto.
17 The officers determining any objections under this section may assess any
18 costs arising therefrom to either the objector or objectee in accordance
19 with the determination made. Such costs shall be paid to the secretary of
20 state or the county election officer, as the case may be, and deposited
21 thereby in the treasury of the state or county to the credit of its general
22 fund. If such costs are not paid within 10 days after the same are fixed,
23 the secretary of state or county election officer shall make a certificate of
24 the facts and file it with the clerk of the district court in the county where
25 the person owing the same resides, and such clerk of the district court
26 shall cause the same to be collected as in cases of collection of court costs,
27 and when so collected the same shall be disposed of as are court costs in
28 such district court.
29 (f) All mandamus proceedings to compel an officer to certify and
30 place upon the ballot any name or names, and all injunction proceedings
31 to restrain an officer from certifying and placing upon the ballot any name
32 or names, must be commenced not less than 30 days before the election.
33 Sec. 2. K.S.A. 25-308 is hereby repealed.
34 Sec. 3. This act shall take effect and be in force from and after its
35 publication in the statute book.