SENATE BILL No. 107
An Act concerning elections; relating to petitions; amending K.S.A.
25-3601 and 25-3602
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-3601 is hereby
amended to read as follows: 25-
When under the laws of this state (a)
Subject to the provisions of
subsection (d), if a petition is required or authorized as a
part of the
procedure applicable to the state as a whole or any legislative
district or to any county, city, school district or other
municipality, or part
thereof, the provisions of
this act K.S.A.
25-3601 et seq., and amendments
thereto, shall apply
, except as is otherwise
specifically provided in the
statute providing for such petition. The
sufficiency of each signature and
the number thereof on any such petition shall be determined in
ance with the provisions of K.S.A. 25-3601 to 25-3607, inclusive,
amendments thereto by the county election officer or such other
as designated in the applicable statute.
petition other than a
recall petition as described in K.S.A. 25-4301
et seq. and amendments
thereto, requesting an election in any political or taxing
subdivision of the
state is circulated, a copy thereof containing the question
to be submitted
shall be filed in the office of the county attorney of the
county or district
attorney of the district in which all or the greater
portion of the political
or taxing subdivision is located for an opinion as to the
legality of the form
of such question. The county or district attorney shall
within five calendar
days following the receipt of such question furnish a
written opinion as
to the legality of the form of the question submitted.
There shall be a
rebuttable presumption that the form of any question
approved by the
county or district attorney complies with the requirements
of this act.
Except as provided herein, a copy of any petition requesting an
in any political or taxing subdivision of the state shall be
submitted to the
office of the county attorney of the county or district attorney
district in which all or the greater portion of the political or
division is located. If a county counselor has been appointed in
or district, the petition shall be submitted to the county
petition shall be submitted either by hand-delivery or by
return receipt requested. Such petition shall contain the
question to be
submitted at the election. Within five calendar days following
of the petition, the county counselor, county attorney or
shall furnish a written advisory opinion as to the legality of
the form of
the question contained on the petition. There shall be a
sumption that the form of any question approved by the county
county attorney or district attorney complies with the
this act. If such opinion is not furnished within five days of
of the question, the form of the question shall be deemed in
with the requirements of this act.
If the advisory opinion states that the
form of the question contained
in the petition does not comply with the requirements of this
advisory opinion shall also state specific grounds to support
Nothing in this subsection shall be
construed as prohibiting the circu-
lation of a petition for signatures or the filing of such
petition with the
county election officer prior to obtaining the advisory opinion
by this subsection.
(b) Any person challenging the
validity of the form of a question shall
have the burden of proving in the district court that the form
question is invalid.
(c) The form of any question in a
petition requesting an election on
or protesting an ordinance, or resolution, adopted by the
of any county, city, school district or other municipality shall
to be valid and in compliance with the requirements of K.S.A.
et seq., and amendments thereto, if such petition states the
and exact language of the ordinance, or resolution, and the
title of such
``Shall the following ordinance, or
resolution, become effective?''
(d) When any
makes specific provisions concerning matters
that other statute imposes specific
requirements which are different from
the requirements imposed by K.S.A. 25-3601 et seq.
also has requirements which are different
therefrom, the provi-
sions of the specific statute shall control. The county election
other official with whom the petition is required to be filed in
with the applicable statute shall give to persons requesting
regarding the filing of petitions a copy of K.S.A. 25-620 and
article 36 of
chapter 25 of the Kansas Statutes Annotated, and amendments
(e) Any action challenging the
validity of the form of a question in a
petition shall be filed in the district court within 20 days
after such pe-
tition has been filed with the county election
The court shall render an opinion in any
action filed to challenge the
validity of the form of a question in a petition within 20 days
date such action is filed with the court.
(f) The provisions of K.S.A.
25-3601 et seq., and amendments thereto,
shall not apply to recall petitions as described in K.S.A.
25-4301 et seq.,
and amendments thereto.
Sec. 2. K.S.A. 25-3602 is hereby
amended to read as follows: 25-
3602. (a) Each petition shall consist of one or more documents
to a single issue or proposition under one distinctive title. The
shall be filed with the county election officer or other official,
official is designated in the applicable statutes. The filing shall
at one time all in one group. Later or successive filings of
relating to the same issue or proposition shall be deemed to be
petitions and not a part of any earlier or later filing.
Each petition shall,
Unless otherwise specifically required, each
petition shall: (1) State the question which petitioners
seek to bring to an
election in the form of a question as it should appear upon the
accordance with the requirements of K.S.A. 25-620 and K.S.A.
and amendments thereto;
(2) name the taxing subdivision or other
political subdivision in which
an election is sought to be held;
(3) contain the following recital above
the spaces provided for sig-
natures: ``I have personally signed this petition. I am a
of the state of Kansas and of
(here insert name of political or taxing
and my residence address is correctly written after my name.''
The recital shall be followed by blank spaces
for the signature, resi-
dence address and date of signing for each person signing the
When petitioners are required by law to
possess qualifications in ad-
dition to being registered electors, the form of the petition shall
amended to contain a recital specifying the additional
quired and stating that the petitioners possess the qualifications;
(4) contain the following recital, at the end
of each set of documents
carried by each circulator: ``I am the circulator of this
petition. I have
personally witnessed the signing of the petition by each person
name appears thereon. I am a resident and a registered elector of
state of Kansas and of
(here insert name of political or taxing
the political or taxing subdivision in which the election is sought
(Signature of circulator)
(Circulator's residence address)
The recital of the circulator of each petition
shall be verified upon oath
or affirmation before a notarial officer in the manner prescribed
53-501, et. seq. and amendments thereto.
(c) Any person who has signed a petition
who desires to withdraw
such person's name may do so by giving written notice to the
election officer or other designated official not later than the
following the date upon which the petition is filed.
(d) Any petition shall be null and void
unless submitted to the county
election officer or other designated official within 180 days of
the date of
the first signature on the petition.
(e) Unless the governing body of the
political or taxing subdivision in
which the election is sought to be held authorizes a special
elections which are called as a result of the filing of a
shall be held at the next succeeding primary or general election as
by K.S.A. 25-2502, and amendments thereto, in which the political
taxing subdivision is participating.
(f) When a petition requires signatures
equal in number to a per-
centage of the total number of registered voters, such percentage
be based on the most recent number of registered voters as
the office of the secretary of state pursuant to subsection (f) of
2311, and amendments thereto.
Sec. 3. K.S.A. 25-3601 and 25-3602 are hereby
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 19, 2001.