Kansas Statutes

Chapter 19: Counties And County Officers

Article 34: Election Commissioners

Statutes:

• 19-3401 to 19-3418:
• 19-3419: Counties over 130,000; appointment, term, removal; vacancies; qualifications, oath.
• 19-3419a: Salaries and car allowance of election commissioners.
• 19-3420: Assistant election commissioners; appointment, salary; expenses.
• 19-3421: Location of office.
• 19-3422: Transfer of election powers and duties.
• 19-3423: General authority; seal.
• 19-3424: Powers, authority and duties; ward and precinct boundaries; notices of elections; printing ballots; election contests; budget.
• 19-3425:
• 19-3426: Boundaries of wards and precincts; availability of description; publication of changes.
• 19-3427, 19-3428:
• 19-3429:
• 19-3430:
• 19-3431:
• 19-3432:
• 19-3433:
• 19-3434: Conduct of elections; cooperation.
• 19-3435: Same; how salaries and expenses paid.
• 19-3435a: Election commissioner; salaries and expenses of office; tax levy, use of proceeds.
• 19-3436: Transfer and delivery of books and records.
• 19-3437: Establishment and changing of ward and precinct boundaries in Johnson county.
• 19-3438: Same; limitations; procedure.
• 19-3439: Establishment and change of ward and precinct boundaries in counties between 140,000 and 220,000; effect of city's proposed annexation ordinance on elections; delay of ordinance's effective date by county election officer; appeal by city.

• 19-3401 to 19-3418:

        History:   L. 1945, ch. 175, §§ 1 to 18; Repealed, L. 1947, ch. 203, § 19; June 30.

• 19-3419: Counties over 130,000; appointment, term, removal; vacancies; qualifications, oath. In counties of this state having a population exceeding 130,000, there shall be an office of commissioner of elections, which shall be administered by an election commissioner. The election commissioner shall be appointed by the secretary of state and shall hold office for a term of four years and until a successor is appointed and qualified. The secretary of state may remove the election commissioner for official misconduct. Upon occurrence of a vacancy in the office of county election commissioner, the secretary of state shall appoint a successor. If the vacancy occurs before the expiration of a term of office, the appointment shall be for the unexpired term. Such election commissioner shall have been a qualified elector and a resident of the county at least two years prior to appointment. Within 10 days after receiving official notice of the appointment and before entering upon the duties of the office, the election commissioner shall take, subscribe and cause to be filed in the office of the secretary of state an oath of office for the faithful discharge of official duties.

        History:   L. 1947, ch. 203, § 1; L. 1949, ch. 207, § 1; L. 1951, ch. 274, § 12; L. 1953, ch. 157, § 1; L. 1955, ch. 169, § 1; L. 1957, ch. 191, § 1; L. 1959, ch. 187, § 15; L. 1961, ch. 213, § 1; L. 1963, ch. 238, § 1; L. 1965, ch. 181, § 1; L. 1969, ch. 159, § 1; L. 1982, ch. 347, § 13; July 1.

• 19-3419a: Salaries and car allowance of election commissioners. The election commissioners in any county shall receive a salary in an amount to be fixed by resolution of the board of county commissioners of the county. On and after January 1, 1977, the compensation so fixed shall be in an amount not less than ten thousand dollars ($10,000) per annum. Such salary shall be an annual salary payable in equal monthly installments.

        The election commissioner shall receive a car allowance in an amount to be fixed by resolution of the board of county commissioners.

        History:   L. 1969, ch. 160, § 1; L. 1972, ch. 153, § 28; L. 1973, ch. 175, § 37; L. 1974, ch. 361, § 6; L. 1976, ch. 380, § 1; May 8.

• 19-3420: Assistant election commissioners; appointment, salary; expenses. The election commissioner shall appoint one assistant, known as assistant election commissioner, who shall receive an annual salary to be fixed by the election commissioner and shall be paid in the same manner as other county officers and employees, and in addition the election commissioner shall certify to the board of county commissioners the amount necessary for clerk hire and expense, which amount shall be allowed by the board of county commissioners of said county. The board of county commissioners shall also authorize the statutory mileage allowance provided for in K.S.A. 75-3203 for the assistants of the election commissioner, to provide and maintain means of travel within their county. In counties having a population of more than two hundred thousand (200,000) the election commissioner shall appoint two (2) assistants, known as assistant election commissioners who shall be paid as provided for in this act.

        History:   L. 1947, ch. 203, § 2; L. 1949, ch. 207, § 2; L. 1953, ch. 212, § 14; L. 1955, ch. 169, § 2; L. 1957, ch. 245, § 20; L. 1961, ch. 213, § 2; L. 1963, ch. 238, § 2; L. 1965, ch. 181, § 2; L. 1968, ch. 259, § 1; L. 1969, ch. 160, § 2; July 1.

• 19-3421: Location of office. The election commissioner shall maintain his office in suitable and convenient quarters in the courthouse or in some other place, to be provided by the board of county commissioners.

        History:   L. 1947, ch. 203, § 3; L. 1953, ch. 157, § 2; Jan. 1, 1954.

• 19-3422: Transfer of election powers and duties. All the jurisdiction, powers and duties now or hereafter conferred by law upon the county clerks and city, school and township officers relating to the conduct, supervision and control of elections, are hereby withdrawn from said county clerks and city, school and township officers, in all counties having a population of more than one hundred thousand (100,000), and the same are conferred upon the election commissioner appointed as provided in K.S.A. 19-3419; and all laws of the state relating to the registration, qualification, challenging and voting of electors at any election in any such county are conferred upon and made applicable to the county election commissioner.

        History:   L. 1947, ch. 203, § 4; L. 1968, ch. 406, § 54; April 30.

• 19-3423: General authority; seal. (a) Election commissioners shall procure a seal of office, properly inscribed, and shall authenticate all official acts of the commissioner with such seal. The commissioner shall have full and complete power and authority over all elections in the county and shall see that such elections are conducted according to law.

        (b)   The election commissioner and assistant election commissioner shall have the general powers of a notary public in the performance of all notarial acts.

        History:   L. 1947, ch. 203, § 5; L. 1968, ch. 406, § 55; L. 1998, ch. 81, § 2; July 1.

• 19-3424: Powers, authority and duties; ward and precinct boundaries; notices of elections; printing ballots; election contests; budget. The election commissioner, as a part of his or her official duties shall have and exercise the following powers and authority:

        (a)   Such commissioner shall establish and fix the boundaries of wards and precincts within the county and in all cities the greater part of the population of which is located in said county. Such commissioner shall accept and file nomination and declaration papers of candidates and declarations of party affiliation.

        (b)   Such commissioner shall give notice by publication in the official county paper, at least fifteen (15) days before the holding of any election, except as otherwise provided by law, of the time of holding such election, and the officers at that time to be chosen, and any other matters to be voted upon.

        (c)   Such commissioner shall publish notice giving the proper party designation if required by law, the title of each office, the names and addresses of all persons seeking national and state offices and as certified to such county election officer by the secretary of state, as provided by law, and of all persons from whom nomination papers or declarations have been filed with such election officer as provided by law, giving the name and address of each, the title to such office, the day of the election, the hours during which the polls will be open and the location of the voting place in each precinct or area, and mail to all persons whose nomination or declaration papers are on file with such election officer, a copy of the first issue containing such publication notice.

        (d)   Such commissioner shall have charge of the printing of the ballots for all elections to which this act applies held within the county, or held within any city, school district, township or drainage district located in said county. Such commissioner shall conduct negotiations for the letting of the contract to print such ballots and shall let the contract, with the approval of the board of county commissioners.

        (e)   Such commissioner shall be the clerk of the court for the trial of contested elections except national and state elections, and all intentions to contest any election shall be filed with said election commissioner, and shall proceed in accordance with any laws of the state dealing with the subject.

        On or before July 15 of each year, the election commissioner shall certify to the board of county commissioners an itemized statement showing the amount necessary to pay the salary of the election commissioner, the deputy election commissioner and other employees in the office of the election commissioner and other expenses of said office during the next ensuing budget year and the county commissioners shall cause the same to be included in the county budget for such ensuing budget year.

        History:   L. 1947, ch. 203, § 6; L. 1949, ch. 207, § 3; L. 1968, ch. 406, § 56; L. 1975, ch. 207, § 2; July 1.

• 19-3425:

        History:   L. 1947, ch. 203, § 7; L. 1965, ch. 182, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.

• 19-3426: Boundaries of wards and precincts; availability of description; publication of changes. The election commissioner shall proclaim the boundaries of all wards and election precincts in the county. The description of such boundaries shall during all regular business hours be available for inspection in the office of the election commissioner. When any such boundaries are changed by the election commissioner, such changes shall be published once in the official paper of the county. Such publication shall be made at least 30 days prior to any election.

        History:   L. 1947, ch. 203, § 8; L. 1981, ch. 124, § 1; July 1.

• 19-3427, 19-3428:

        History:   L. 1947, ch. 203, §§ 9, 10; L. 1949, ch. 207, §§ 4, 5; Repealed, L. 1968, ch. 55, § 28; April 30.

• 19-3429:

        History:   L. 1947, ch. 203, § 11; Repealed, L. 1968, ch. 406, § 145; April 30.

• 19-3430:

        History:   L. 1947, ch. 203, § 12; L. 1949, ch. 207, § 6; Repealed, L. 1968, ch. 55, § 28; April 30.

• 19-3431:

        History:   L. 1947, ch. 203, § 13; L. 1949, ch. 207, § 7; L. 1953, ch. 158, § 1; L. 1957, ch. 190, § 1; L. 1961, ch. 70, § 3; Repealed, L. 1968, ch. 55, § 28; April 30.

• 19-3432:

        History:   L. 1947, ch. 203, § 14; L. 1965, ch. 183, § 1; Repealed, L. 1968, ch. 55, § 28; April 30.

• 19-3433:

        History:   L. 1947, ch. 203, § 15; Repealed, L. 1974, ch. 157, § 27; July 1.

• 19-3434: Conduct of elections; cooperation. The purpose of this act is to take from the county clerks, city, school and township officers, in the counties to which this act applies, all power and authority now exercised by them in relation to the supervision, conduct and control of elections within each county to which this act applies, and it is hereby made the duty of all public officials to cooperate fully with the election commissioner in response to any written request made to them by said election commissioner to the end that the declared purposes of this act be made fully effective.

        History:   L. 1947, ch. 203, § 16; L. 1968, ch. 406, § 57; April 30.

• 19-3435: Same; how salaries and expenses paid. That the salaries and expenses of the office of the election commissioner as in this act provided, the cost of printing and distributing the ballots and all other expenses connected with county-wide elections whether primary, general or special elections, in counties having an election commissioner, shall be paid by the county. The expense of all drainage district elections shall be paid by the drainage district holding such election from the general fund of such drainage district.

        History:   L. 1947, ch. 203, § 17; L. 1949, ch. 207, § 8; L. 1961, ch. 198, § 1; L. 1965, ch. 184, § 1; June 30.

• 19-3435a: Election commissioner; salaries and expenses of office; tax levy, use of proceeds. The board of county commissioners in any county having an election commissioner, is hereby authorized to make a tax levy in each year, in such amount as may be necessary in order to provide the necessary fund for the payment of the salaries and expenses of the office of the election commissioner and of election expenses as provided for in K.S.A. 19-3435 and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Said tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within the aggregate tax levy limit prescribed by K.S.A. 79-1947, or acts amendatory thereof.

        History:   L. 1961, ch. 198, § 2; L. 1965, ch. 184, § 2; L. 1979, ch. 52, § 127; July 1.

• 19-3436: Transfer and delivery of books and records. All files, books, records, papers, documents and data of every kind in any way pertaining to elections and necessary to the proper administration of election and voter registration and now under the jurisdiction and control of the city or school officers or the county clerk in any county to which this act applies shall be transferred and delivered over to the election commissioner appointed hereunder.

        History:   L. 1947, ch. 203, § 18; L. 1968, ch. 406, § 58; April 30.

• 19-3437: Establishment and changing of ward and precinct boundaries in Johnson county. Notwithstanding the provisions of any statute to the contrary, in any county which has been declared by K.S.A. 19-2654 to be an urban area, all precinct boundary lines shall be established and may be changed from time to time, exclusively by the election commissioner of any such county. No precinct shall be divided by a ward boundary line, and if any ward territory is changed, under the provisions of this act, such that a precinct is divided by a ward boundary line, such county election commissioner shall change the boundaries of such precincts in accordance with this act within one (1) year.

        History:   L. 1969, ch. 161, § 1; July 1.

• 19-3438: Same; limitations; procedure. Boundary lines of wards within the territory of any city shall be changed not more often than once each year at a time which will not interfere with any election procedure. Ward boundary lines within cities shall be changed only by the governing body of the city by ordinance duly enacted; in the event that any ward is established outside of a city, its boundaries shall be prescribed by order of the county election commissioner, which orders shall be published one time in the official county paper. In the event that the governing body of any city adopts an ordinance under the provisions of this act such that any election will be interefered with, the county election commissioner shall notify such governing body and the secretary of state. The governing body of such city shall immediately repeal such ordinance, and upon such repeal, ward boundary lines in such city shall exist as before the ordinance repealed was adopted. In the event that any such city fails to repeal such an ordinance, the secretary of state shall issue an order nullifying such ordinance, if in the opinion of the secretary of state, an election will be interfered with. Any such order shall be directed to the county election commissioner and the governing body of such city.

        History:   L. 1969, ch. 161, § 2; July 1.

• 19-3439: Establishment and change of ward and precinct boundaries in counties between 140,000 and 220,000; effect of city's proposed annexation ordinance on elections; delay of ordinance's effective date by county election officer; appeal by city. Notwithstanding the provisions of any statute to the contrary, in any county having a population of more than one hundred and forty thousand (140,000) and less than two hundred and twenty thousand (220,000), all ward and precinct boundary lines shall be established and may be changed from time to time, exclusively by the election commissioner of any such county. No precinct shall be divided by a ward boundary line. Whenever the governing body of any city proposes to adopt an annexation ordinance, at least seven (7) days prior to such adoption, it shall notify the county election officer by transmitting a copy of the proposed ordinance to him, together with a statement of the date the proposed ordinance, if passed, will take effect in accordance with the provisions of K.S.A. 12-523. If the county election officer is of the opinion that the date such ordinance takes effect will materially interfere with any election, he shall so certify, stating his reasons therefor, to the governing body of such city and deliver a copy of such certificate to the secretary of state. Whenever any such certificate is filed with the governing body of a city and the secretary of state, the ordinance to which it applies shall not take effect until the day after the election with which it will interfere, and if such an ordinance will materially interfere with the primary state-wide election in the opinion of the county election officer, such ordinance shall not take effect until the day after the state-wide general election. In the event that the governing body of any city which receives a certificate under this act is aggrieved thereby because the reasons for the opinion of the county election officer are deemed incorrect or insufficient, such governing body may appeal the decision to the district court. In any such case the district court shall advance the appeal for immediate determination as the public interest may require. A copy of any such appeal shall be filed with the secretary of state at the time the appeal is made, and the secretary of state shall file a statement of position with respect to the matter in controversy with the district court.

        History:   L. 1972, ch. 85, § 1; July 1.