Session of 2000
By Committee on Elections and Local Government

  9             AN  ACT concerning elections; relating to recall petitions; amending
10             K.S.A. 1999 Supp. 25-4322 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1999 Supp. 25-4322 is hereby amended to read as
14       follows: 25-4322. (a) Before any petition for recall of a local officer is
15       circulated, a copy thereof accompanied by names and addresses of the
16       recall committee and sponsors shall be filed in the office of the county
17       election officer with whom the petitions are required to be filed. The
18       copy of the petition so filed shall be subscribed by the members of the
19       recall committee in the presence of such county election officer. The
20       recall committee shall represent all sponsors and subscribers in matters
21       relating to the recall. Notice on all matters pertaining to the recall may
22       be served on any member of the recall committee in person or by mail
23       addressed to a committee member as indicated on the petition so filed.
24       The county election officer, upon request, shall notify the recall commit-
25       tee of the official number of votes cast for the office of the officer sought
26       to be recalled in the last general election at which a person was elected
27       to such office.
28             (b) Before any petition for recall of a local officer is circulated, the
29       county election officer shall transmit a copy of such petition to the county
30       or district attorney or to the attorney designated pursuant to subsection
31       (c) for determination of the sufficiency of the grounds stated in the pe-
32       tition for recall. Within five days of receipt of the copy of the petition
33       from the county election officer, the county or district attorney or the
34       attorney designated pursuant to subsection (c) shall make such determi-
35       nation and notify the county election officer and the recall committee of
36       such determination. An attorney's finding or determination of the suffi-
37       ciency of a petition under this section shall not constitute or be construed
38       as an evaluation of the legal sufficiency of the grounds stated in the pe-
39       tition for recall.
40             (c) In the case of a recall of the county or district attorney, a judge
41       of the district court of such county shall designate an attorney to deter-
42       mine the sufficiency of the grounds stated in the petition for recall. Such
43       attorney shall perform the duties imposed on the county or district at-


  1       torney in the recall of other local officers. 
  2       Sec.  2. K.S.A. 1999 Supp. 25-4322 is hereby repealed.
  3        Sec.  3. This act shall take effect and be in force from and after its
  4       publication in the statute book.