19-1601a: Office at place other than county seat; validation.
Whenever a board of county commissioners has established in any county
at a place other than the county seat of said county, an office for the
rendering of county services by county officials, such action of the board
of county commissioners is hereby validated, confirmed and ratified.
History: L. 1947, ch. 212, § 1; April 11.
19-1601b: Same; deputy or clerks; compensation; additional
compensation to county officer.
Such board of county commissioners may require any county official to
provide a deputy or such clerk or clerks as may be necessary to render
services of his office at such place in the county as the board of county
commissioners shall direct. Such deputies and clerks shall be allowed such
compensation as the board of county commissioners shall fix which shall be
paid from the county general fund. The board of county commissioners may
allow any elective county officer maintaining an office at a place other
than the county seat such compensation for maintaining said office as it
shall deem proper, which compensation shall be paid from the county general
fund and shall be in addition to any compensation or salary otherwise
provided for by law.
History: L. 1947, ch. 212, § 2; April 11.
19-1602: Election for relocation of county seat, when; petition;
registration.
That in all cases where the county seat of any county in this state has
been, or shall hereafter be located by a vote of the electors of such
county, or where county buildings have been erected, donated, or
purchased at the county seat, the cost of which shall have been at least
two thousand dollars ($2,000) the board of county commissioners upon the
petition of three-fifths of the legal electors of such county, shall
order an election for the relocation of the county seat: Provided,
That in all counties having a population of more than two thousand
people, in which building shall have been erected at any such county
seat for county purposes, the cost of which shall have been at least ten
thousand dollars ($10,000), or in which the county seat has been located
for eight years or more consecutively at any one place by vote of the
electors of such county, it shall require a vote of three-fifths of the
legal electors of such county to relocate the county seat and to remove
it from such place, and the board of county commissioners shall only
upon the petition of two-thirds of the legal electors of such county
order an election for the relocation of any such county seat: Provided
further, That in counties of the state having a population of more
than 3,850 and less than 5,000 and having an assessed valuation of
tangible property of not more than $7,000,000, the board of county
commissioners shall upon the petition of fifty-one percent of the legal
electors of such county order an election for the relocation of the
county seat of such county and it shall require fifty-five percent of
the voters at such election to relocate the county seat: Provided
further, That in any county having a population of not less than
three thousand nor more than thirty-four hundred and fifty people,
according to the last preceding census taken by the several assessors of
said county, the board of county commissioners shall, upon the petition
of one-half of the legal electors of such county, order an election for
the relocation of the county seat of any such county, and it shall
require a majority of three-fifths of the votes of legal electors cast
at such election to relocate the county seat thereof, and to move it
from such place: And provided further, That when the county seat of
any county has been located by a vote of the electors of the county, the
place to which it is proposed to remove the county seat shall be
designated in the petition and the balloting at the election shall be
for or against a removal of the county seat to the place so designated,
and no election for the relocation of any county seat shall be ordered
or had within five years from the last preceding legal election touching
the location or relocation of any such county seat: Provided, That
in counties having a population of less than two thousand an election
may be called at any time after two years from the last preceding legal
election, but no preceding nor pretended election for the relocation of
any county seat had or held since the taking effect of K.S.A. 19-1613
to 19-1629, inclusive, shall be deemed
or held to have been an election within the meaning of this act unless
registration was had as required by the terms of said K.S.A. 19-1613
to 19-1629, inclusive.
History: L. 1920, ch. 25, § 1; R.S. 1923, 19-1602; L. 1925, ch. 134, § 1; L.
1937, ch. 184, § 1; March 25.
19-1603: Estimate of value of lots.
That for the purpose of ascertaining the compensation to which any
person may be entitled under the provisions of section 2 [*] of this act,
the board of county commissioners of the proper county shall appoint three
disinterested freeholders, electors of the county commissioners, whose duty
it shall be to make a true and just estimate, under oath, of the value of
all lots to which any owners thereof may be entitled, and shall file the
same in the office of the county clerk of the proper county; and the full
payment of the sum so estimated and reported by said commissioners, shall
be made before the seat of justice of such county shall be moved.
History: G.S. 1868, ch. 26, § 3; March 3; R.S. 1923, 19-1603.
19-1604: Determination of legal electors.
For the purposes of this act, the county commissioners shall be governed
by the last assessment rolls of the several township and city assessors of
the county, and no petitioner shall be deemed a legal elector unless he be
an elector and his name appears on said rolls.
History: G.S. 1868, ch. 26, § 4; L. 1883, ch. 91, § 2; April 5; R.S. 1923,
19-1604.
19-1605: When election held; notices.
The elections provided for in this act shall be held within fifty days
after the presentation of the petition therefor; and the county
commissioners shall cause thirty days' notice of any such election to be
given, by publication in one or more newspapers published in the county, or
by posting written or printed notices at the several voting places in the
county.
History: G.S. 1868, ch. 26, § 5; March 3; R.S. 1923, 19-1605.
19-1606: Canvass of first election.
The board of commissioners shall meet on the Saturday following said
election, and proceed to canvass the vote; and the place having received
the majority of all the votes cast shall be proclaimed by them the county
seat of the county.
History: G.S. 1868, ch. 26, § 6; March 3; R.S. 1923, 19-1606.
19-1607: Second election.
When the county seat of any county has not been located by a vote of the
legal electors of the county, if on the first election for the location
thereof no place shall receive a majority of all the votes cast a second
election shall be held on the second Tuesday thereafter, and at such
election the balloting shall be confined to the two places having received
the highest number of votes at the last preceding election.
History: G.S. 1868, ch. 26, § 7; L. 1883, ch. 91, § 3; April 5; R.S. 1923,
19-1607.
19-1608: Canvass of second election.
In case of a second election, the board of county commissioners shall
meet on the Saturday following, canvass the vote and proclaim the result,
as hereinbefore provided.
History: G.S. 1868, ch. 26, § 8; March 3; R.S. 1923, 19-1608.
19-1609: Removal to new county seat; time; penalty for failure.
The county officers who are required by law to keep their offices at the
county seat shall within twenty days after said proclamation remove all
books, records, papers and furniture belonging to the county, to the place
therein named; and if any officer shall fail to remove within the time
prescribed by this section, he or his sureties shall pay to the county the
sum of five dollars for each and every day of such failure, to be sued for
and collected by the board of county commissioners.
History: G.S. 1868, ch. 26, § 9; March 3; R.S. 1923, 19-1609.
19-1610: How elections conducted.
Elections provided for in this act shall be conducted in all respects as
provided for by the general election laws of the state.
History: G.S. 1868, ch. 26, § 10; March 3; R.S. 1923, 19-1610.
19-1611: Days for elections.
No election under this act shall be held on the day of any general
election.
History: G.S. 1868, ch. 26, § 11; March 3; R.S. 1923, 19-1611.
19-1612: Ballots at elections.
At all elections under this act the ballots shall be headed "For county
seat," and following thereafter shall be the name of the place for which
the elector desires to cast his vote.
History: G.S. 1868, ch. 26, § 12; March 3; R.S. 1923, 19-1612.
19-1613: Board of registry.
That the persons authorized by law to act as judges of elections in any
election or voting precinct of this state shall constitute a board of
registry for their respective voting precincts, and shall meet on Tuesday,
three weeks preceding any election for the permanent location or relocation
of the county seat of any county in the state of Kansas, at nine o'clock
a.m., at the place designated for holding the polls of said election, and
proceed to make a list as hereinbefore prescribed of all persons qualified
and entitled to vote at the ensuing election in the voting precinct of
which they are judges, which list when completed shall constitute and be
known as the register of election of said voting precinct; and said board
may continue their session two days if necessary.
History: L. 1881, ch. 89, § 1; March 4; R.S. 1923, 19-1613.
19-1614: Register.
Said registers shall each contain a list of the persons so qualified and
entitled to vote in said voting precinct at the coming election for the
permanent location or relocation of the county seat; alphabetically
arranged according to their respective surnames, so as to show in one
column the name at full length, and in another column, in cities, the
residence, by the number of the dwelling, if there be a number, and the
name of the street, or other location of the dwelling place of each
elector. It shall be the duty of said board to enter in said lists the
name of every person residing in their voting precinct whose name
appears on the poll book kept in said precinct at the last preceding
election; in cities, the numbers of the dwellings and name of the
street, or other location, if the same shall be known to or can be
ascertained by such board; and for this purpose said board is authorized
to take from the office in which they are filed the duplicate poll book
made and filed by the judges of such voting precinct at the election
held next prior to the making of such register.
In making said list the board shall enter thereon, in addition to the
names on the duplicate poll book, the names of all other persons who are
well known to them to be qualified electors in said voting precinct; and
the names of all persons on the duplicate poll book who have died or
removed from the voting precinct shall be omitted from said register.
The said boards shall complete, as far as practicable, the said register
on the day of their meeting aforesaid, and shall make four copies
thereof, and certify the register and each of said copies to be a true
list of the legal voters in their voting precinct, so far as the same
are known to them, within two days thereafter, and file said original
list, together with the list taken from the office as aforesaid, in the
office of the township clerk of the township in which said election
precinct may be, within three days of said meeting.
One copy of said list shall be kept by each of said judges, and
carefully preserved by him for their use, on the day or days hereinafter
mentioned for the revision of the same. One copy of said list shall,
immediately after its completion, be posted in some conspicuous place
where said election is to be held, in the voting precinct, and be
accessible to any elector who may desire to examine the same. And any
person who shall take down, tear down, or deface any list so posted,
shall on conviction thereof be punished by a fine of fifty dollars, or
by imprisonment in the county jail for a term of sixty days, or by both
fine and imprisonment.
History: L. 1881, ch. 89, § 2; March 4; R.S. 1923, 19-1614.
19-1615: Appointment of judges; new precincts.
In case in any township there shall be two or more election precincts,
and in any of said precincts there shall not reside any authorized judge of
election, the township trustee of the township shall appoint three
judges of election to make such registration. In case in any voting
precinct there shall not be a full board of authorized judges of
election, the authorized judges of election residing in such voting
precinct shall appoint judges from the voters of such precinct to fill
such vacancy; and in case a new voting precinct shall be formed by the
division or organization of a new township, or otherwise, the judges of
the election in the new voting precinct thus formed may make their
registry of the electors on the day prescribed by this act, in such
manner as a majority of them may direct, and for that purpose may make a
list, or cause to be made a certified copy of the duplicate poll books
of the township in which such new voting precinct is situated, or out of
which it may have been created, or they may dispense with such list or
lists, and proceed to make a register of electors from the best means at
their command. Said lists shall only embrace the names of such persons
as are known to them to be qualified electors of their voting precinct,
and shall be posted up, copies thereof made, and the original filed as
prescribed in the preceding section, and shall be corrected in the same
manner that other lists are corrected.
History: L. 1881, ch. 89, § 3; March 4; R.S. 1923, 19-1615.
19-1616: Revision of register.
The said board shall again meet on Tuesday of the week preceding the
said election, in their respective voting precincts at the place designated
for holding the polls of the election, for the purpose of revising,
correcting and completing said lists; and for this purpose, in cities, they
shall meet at eight o'clock a.m., and remain in session until nine o'clock
p.m., of that day; and in other districts they shall meet at nine o'clock
in the morning and remain in session until six o'clock p.m., of that day.
History: L. 1881, ch. 89, § 4; March 4; R.S. 1923, 19-1616.
19-1617: Proceedings and hearings of board.
The proceedings of said board shall be open, and all persons residing
and entitled to vote in said voting precinct shall be entitled to be heard
by said board in relation to corrections or additions to said register. One
of the lists so kept by the judges as aforesaid shall be used by them on
the day or days of making corrections or additions, for the purpose of
completing the registry for such voting precinct.
History: L. 1881, ch. 89, § 5; March 4; R.S. 1923, 19-1617.
19-1618: Names to be erased or placed on list; false information;
oaths.
It shall be the duty of said board, at their meeting for revising and
correcting said lists, to erase therefrom the name of any person inserted
therein who shall be proved by the oath of two legal voters of said voting
precinct, to the satisfaction of said board, to be a nonresident of said
voting precinct, or otherwise not entitled to vote in said precinct at the
election there next to be held: Provided, That said person shall be
entitled to appear and offer evidence in support of his right to vote in
said precinct. Any elector residing in said precinct, and entitled to vote
therein, may appear before said board and require his name to be recorded
on said alphabetical list.
Any person so requiring his name to be entered on said lists shall make
the statement as to the street and number thereof, or where he resides,
required by the provisions of this act of persons offering their votes at
elections, and shall be subject to the same penalties for refusing to give
such information or for falsely giving the same, and shall also be subject
to challenge either by the judges or either of them, or by any other
elector. And the same oaths may be administered by the judges or inspectors
as now provided in case of persons offering to vote at an election, and in
case no challenge is made of any person so requiring his name to be entered
on said alphabetical list, or, in case of challenge, if such person shall
make oath that would entitle him to vote in case of challenge at an
election, then the name of any such person shall be added to said
alphabetical poll list or register.
History: L. 1881, ch. 89, § 6; March 4; R.S. 1923, 19-1618.
19-1619: Copies of register; vote of certain persons not received;
challenges.
After said lists shall have been fully completed, and within three days
of said second meeting of said board, they shall cause four copies of the
same to be made, each of which shall be certified by them to be a correct
list of legal electors of their voting precinct, one of which shall be
within said time filed in the office of the township clerk of the township
in which said precinct is located, and one of which copies shall be
delivered to each of said judges. It shall be the duty of said judges so
receiving such lists to carefully preserve the same for their use on
election day, and to designate one of their number at the opening of the
polls to check the name of every voter voting in such precinct whose name
is on the register. No vote shall be received at any such election, if the
name of the person offering to vote be not on said register as corrected,
unless the person offering to vote shall furnish to the judges of the
election his affidavit, in writing, stating therein that he is an
inhabitant of said precinct, and entitled to vote therein at such election,
and prove by the affidavit of a householder and registered voter of the
precinct in which he offers to vote, that he knows such person to be an
inhabitant of the precinct, giving the residence of such person within said
precinct.
The oath may be administered by any one of the judges of said election
at the poll where the vote shall be offered, or by any other person
authorized to administer oaths; but no person shall be authorized or
allowed to receive compensation for administering said oath. Said oaths
shall be preserved and filed in the office of the township clerk of the
township in which such precinct is situated. Any person, whether his name
shall be on said list of voters or not, may be challenged by the judge or
any legal elector, and the same oaths shall be put as now are or hereafter
may be prescribed by law.
History: L. 1881, ch. 89, § 7; March 4; R.S. 1923, 19-1619.
19-1620: Duties of clerks of election; penalties.
The clerks at the polls, in addition to the duties now prescribed by
law, shall enter on the poll books kept by them, in columns prepared for
that purpose, opposite the name of each person voting, the same statement
or minute as hereinbefore required of the board making the registry; but
such entry is not to be made by them if the registry contains correctly the
name and residence of such voter; and in all cases said clerks shall enter
in a column opposite the name of each person not registered the words, "Not
registered." In cities, every elector, at the time of offering his vote,
shall truly state the street in which he resides, and if the house, lodging
or tenement in which he resides is numbered, the number thereof. And the
clerks of the polls, in case the name of such elector is not registered,
shall truly enter, in the appropriate column of the poll list, opposite the
name of the elector, the street and number, or other description of the
residence of such elector. In case of the refusal to make the statement as
aforesaid, the vote of such an elector shall not be received.
Any person who shall willfully make any false statement in relation
thereto shall upon conviction thereof be punished by a fine of fifty
dollars, or by imprisonment in the county jail for a period of ten days, or
by both such fine and imprisonment.
History: L. 1881, ch. 89, § 8; March 4; R.S. 1923, 19-1620.
19-1621: Poll books and register filed with county clerk.
After the canvass of the votes by the judges of said election, said poll
books and said register so kept and checked as aforesaid shall be attached
together, and shall on the following day be filed in the office of the
township clerk of said township in which said voting precinct may be, by
one of said judges; and a duplicate of same shall be returned to the county
clerk of the county as by law required.
History: L. 1881, ch. 89, § 9; March 4; R.S. 1923, 19-1621.
19-1622: Board may appoint clerk.
The said board may, if necessary, on the day or days of the making and
correcting such lists, appoint a clerk to assist them in the discharge of
their duties required by this act; and the same oath shall be taken by such
clerk as is required by law of clerks of elections.
History: L. 1881, ch. 89, § 10; March 4; R.S. 1923, 19-1622.
19-1623: Registers open to inspection.
The registers shall at all times be open to public inspection at the
office of the authorities in which they shall be deposited, without charge.
History: L. 1881, ch. 89, § 11; March 4; R.S. 1923, 19-1623.
19-1624: Compensation of members of board and clerks.
The members of the board of registration and their clerks shall each
receive the same compensation as is now allowed by law for judges and
clerks of elections, for each day actually and necessarily employed in the
making and completing of the registry, to be paid to them in the time and
manner in which they are paid other fees.
History: L. 1881, ch. 89, § 12; March 4; R.S. 1923, 19-1624.
19-1625: Board to preserve order; vacancies.
The said board shall have and exercise the same power in preserving
order at their meetings, under this act, as are given to judges of election
for preserving order on election days; and vacancies in said board shall be
filled in the same manner that vacancies in election boards are now filled
at elections.
History: L. 1881, ch. 89, § 13; March 4; R.S. 1923, 19-1625.
19-1626: Falsely registering or swearing; penalties; register blanks.
Any person who shall cause his name to be registered in more than one
voting precinct, or who shall cause his name to be registered, knowing that
he is not a qualified elector in said precinct where he causes such
registry to be made, or who shall falsely personate any registered voter,
and any person causing, aiding, or abetting any person in any manner, in
either of said acts, shall on conviction be punished for each and every
such offense by fine not exceeding three hundred dollars and imprisonment
in the county jail not exceeding one year.
All intentional false swearing before said board of registration shall
be deemed willful and corrupt perjury, and on conviction shall be punished
as such. If any member or officer of said board shall knowingly and
willfully violate any of the provisions of this act, or be guilty of any
fraud in the execution of the duties of his office, he shall be punished
for each and every such offense by fine not exceeding three hundred dollars
and imprisonment in the county jail not exceeding one year. The necessary
blanks for making the registers required by law shall be prepared by the
secretary of state, and transmitted to the county clerk upon his request
therefor.
History: L. 1881, ch. 89, § 14; March 4; R.S. 1923, 19-1626.
19-1627: Register used at subsequent election.
In case an election for the location or relocation of the permanent
county seat of a county is held for which a registration of electors is
made in pursuance of this act, and at such election no place shall receive
a majority of the votes cast and a subsequent election is had in pursuance
of the provisions of existing law, the said registration so taken for said
first election shall be taken and considered a registration of voters for
such second or subsequent election.
History: L. 1881, ch. 89, § 15; March 4; R.S. 1923, 19-1627.
19-1628: Construction of act.
Nothing in this act shall be construed in any manner to affect the
qualifications of electors, or general mode of conducting elections.
History: L. 1881, ch. 89, § 16; March 4; R.S. 1923, 19-1628.
19-1629: Judges of election appointed by county commissioners.
The board of county commissioners shall appoint judges of elections for
any election under this act, in any precinct where there are no judges
provided by law; and the judges so appointed shall take and subscribe an
oath to support the constitution of the United States and state of Kansas,
and faithfully discharge the duties of judges of election.
History: L. 1881, ch. 89, § 17; March 4; R.S. 1923, 19-1629.
19-1630: Application of 19-1613 to 19-1629 to county-seat elections.
Sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen of
chapter eighty-nine of the Laws of 1881 be and the same are hereby made
applicable to any and all elections held and to be held for the purpose of
locating the county seat of any county in the state of Kansas.
History: L. 1887, ch. 120, § 1; Feb. 5; R.S. 1923, 19-1630.