Kansas Statutes

Chapter 25: Elections

Article 1: General Provisions

Statutes:

• 25-101: Time for general elections; officers to be elected; vacancies.
• 25-101a: Same; state officers elected every four years.
• 25-101b: Election and term of state treasurer.
• 25-102:
• 25-104:
• 25-105: Notice of elections.
• 25-106: Hours of voting; change of hours, how made; rules and regulations.
• 25-107: Privilege from arrest.
• 25-108: Residence of public officers and employees.
• 25-109:
• 25-110:
• 25-111: Justices of the supreme court.
• 25-112:
• 25-113: Votes for persons who are justices of the supreme court or judges of district courts.
• 25-114:
• 25-115:
• 25-116: Certain political parties barred.
• 25-117: Same; affidavit of newly organized party; filing.
• 25-118:
• 25-119: Election and registration expenses, how paid; counties without election commissioner.
• 25-120: Election expenses; tax levy, use of proceeds.
• 25-121:
• 25-122:
• 25-123: Election to more than one office; incompatible offices.
• 25-124: Training of county election officers; duties of secretary of state.
• 25-124 to 25-129: Reserved.
• 25-125 to 25-129: Reserved.
• 25-130: Severability clause.

• 25-101: Time for general elections; officers to be elected; vacancies. On the Tuesday succeeding the first Monday in November of each even-numbered year, there shall be held a general election to elect officers as follows:

        At each alternate election, prior to the year in which the term of office of the president and vice-president of the United States will expire, there shall be elected the electors of president and vice-president of the United States to which the state may be entitled at the time of such election;

        at each such election, when the term of a United States senator for this state shall expire during the next year, there shall be elected a United States senator;

        at each such election there shall be elected the representatives in congress to which the state may be entitled at the time of such election;

        at each alternate election, prior to the year in which their regular terms of office will expire, there shall be elected a governor, lieutenant governor, secretary of state, attorney general, state treasurer and state commissioner of insurance;

        at each such election there shall be elected such members of the state board of education as provided by law;

        at each such election, when, in a judicial district in which judges of the district court are elected, the term of any district judge expires during the next year, or a vacancy in a district judgeship has been filled by appointment more than 30 days prior to the election, there shall be elected a district judge of such judicial district;

        at each such election, when, in a judicial district in which judges of the district court are elected, the term of any district magistrate judge expires during the next year, or a vacancy in a district magistrate judgeship has been filled by appointment more than 30 days prior to the election, there shall be elected a district magistrate judge of such judicial district;

        at each alternate election, prior to the year in which the regular term of office of state senators shall expire, there shall be elected a state senator in each state senatorial district;

        at each election there shall be elected a representative from each state representative district;

        at each alternate election there shall be elected, in each county, a county clerk, county treasurer, register of deeds, county or district attorney, sheriff and such other officers as provided by law;

        at each alternate election, in counties that may by law be entitled to elect such officer, there shall be elected a county surveyor;

        at each election, when the term of county commissioner in any district in any county shall expire during the next year, there shall be elected from such district a county commissioner.

        This section shall apply to the filling of vacancies only so far as is consistent with the provisions of law relating thereto.

        History:   R.S. 1923, 25-101; L. 1965, ch. 164, § 17; L. 1968, ch. 406, § 59; L. 1976, ch. 146, § 40; L. 1976, ch. 123, § 7; L. 1976, ch. 179, § 3; L. 1986, ch. 115, § 69; Jan. 12, 1987.

• 25-101a: Same; state officers elected every four years. On the Tuesday succeeding the first Monday in November in 1978, and each four (4) years thereafter, there shall be elected a governor and lieutenant governor running together, a secretary of state, an attorney general, a state treasurer and a state commissioner of insurance.

        History:   L. 1973, ch. 153, § 11; L. 1976, ch. 179, § 4; Jan. 1, 1977.

• 25-101b: Election and term of state treasurer. At the general election held in 1978 and each four (4) years thereafter, there shall be elected a treasurer for the state of Kansas, whose term of office shall be four (4) years beginning on the second Monday in January next succeeding such treasurer's election. In case of a vacancy in such office, the governor shall appoint some suitable person to serve for the unexpired term and until a successor is elected and qualified.

        History:   L. 1976, ch. 179, § 2; Jan. 1, 1977.

• 25-102:

        History:   G.S. 1868, ch. 36, § 1; R.S. 1923, 25-102; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-104:

        History:   G.S. 1868, ch. 36, § 4; R.S. 1923, 25-104; L. 1961, ch. 197, § 3; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-105: Notice of elections. Except as otherwise provided by law, the county election officer shall cause notice of the time of the holding of any general election to be published once at least 15 days before such election, except in the case of special elections, when 10 days' notice shall be given. Such notice shall be published in a paper or papers having circulation in such county. Such notice shall state the date and times of such election, the name of each person nominated for any public office to be voted upon and any propositions to be voted upon. If such election is not held in conjunction with another election for which notice of voting areas and polling places has been published, the notice required by this section shall also include such information. When the names to appear on general election ballots are definitely known and no later than 25 days prior to any general election, the county election officer shall mail a copy of such notice to each person nominated for any public office, except candidates for president and vice president of the United States, and to judicial retention candidates.

        History:   R.S. 1923, 25-105; L. 1951, ch. 263, § 1; L. 1975, ch. 204, § 2; L. 1995, ch. 192, § 1; L. 1997, ch. 124, § 9; July 1.

• 25-106: Hours of voting; change of hours, how made; rules and regulations. (a) The provisions of this subsection shall apply to all counties in Kansas located in the central time zone.

        At all national, state, county and township primary and general elections the polls shall open at 7:00 a.m. and close at 7:00 p.m., unless different hours are set and publicly announced by the county election officer. If different hours are set, the polls shall be open at least 12 continuous hours commencing not earlier than 6:00 a.m. and ending not later than 8:00 p.m. and ending not earlier than 7:00 p.m. The secretary of state shall adopt rules and regulations specifying the time and manner of setting and announcing any change of hours under authority of this subsection.

        (b)   The provisions of this subsection shall apply to all counties in Kansas located in the mountain time zone.

        At all national, state, county and township primary and general elections the polls shall open at 6:00 a.m. and close at 6:00 p.m., unless different hours are set and publicly announced by the county election officer. If different hours are set, the polls shall be open at least 12 continuous hours commencing not earlier than 5:00 a.m. and ending not later than 7:00 p.m. and ending not earlier than 6:00 p.m. The secretary of state shall adopt rules and regulations specifying the time and manner of setting and announcing any change of hours under authority of this subsection.

        History:   L. 1917, ch. 182, § 1; R.S. 1923, 25-106; L. 1941, ch. 224, § 1; L. 1949, ch. 252, § 1; L. 1968, ch. 406, § 61; L. 2001, ch. 124, § 2; July 1.

• 25-107: Privilege from arrest. All judges, clerks and voters shall be free from arrest, except for felony and breach of the peace, in going to, attending on and returning from elections.

        History:   G.S. 1868, ch. 36, § 63; Oct. 31; R.S. 1923, 25-107.

• 25-108: Residence of public officers and employees. That for the purpose of voting, no person who is in the employment of this state or any municipal subdivision thereof in any civil capacity shall be deemed to have gained or lost a residence by reason of such employment, but all such officers or employees shall be considered as residents of the place from whence they were elected or appointed.

        History:   L. 1903, ch. 232, § 1; June 1; R.S. 1923, 25-108.

• 25-109:

        History:   L. 1893, ch. 78, § 1; L. 1897, ch. 129, § 1; L. 1909, ch. 133, § 1; R.S. 1923, 25-109; L. 1939, ch. 187, § 1; L. 1941, ch. 225, § 1; L. 1955, ch. 202, § 1; L. 1961, ch. 198, § 3; Repealed, L. 1963, ch. 227, § 5; June 30.

• 25-110:

        History:   L. 1893, ch. 78, § 2; L. 1897, ch. 129, § 2; R.S. 1923, 25-110; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-111: Justices of the supreme court. (a) The offices held by the seven justices of the supreme court shall be separate and distinct offices, each to be filled by the selection of a candidate for that particular place.

        (b)   A separate ballot shall be used for election upon the question of retention of justices of the supreme court and such elections shall be conducted as provided in article 3, section 5 of the constitution of Kansas. Election laws applicable to the general elections of other state officers shall apply to elections upon the question of retention of justices of the supreme court to the extent the same are not in conflict with and are consistent with said article 3, section 5.

        History:   L. 1915, ch. 207, § 2; R.S. 1923, 25-111; L. 1968, ch. 406, § 62; L. 1977, ch. 130, § 1; July 1.

• 25-112:

        History:   L. 1915, ch. 207, § 3; R.S. 1923, 25-112; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-113: Votes for persons who are justices of the supreme court or judges of district courts. (a) All ballots or votes cast at any election for any person holding the office of judge of the district court, or of justice of the supreme court, except as hereinafter provided, shall be deemed and held to be void, and shall not be counted by the judges and clerks at any election, nor by any canvassing board, nor shall any record of the same be made by any canvassing board, nor any certificate of election issued thereon.

        (b)   Ballots or votes may be cast for persons holding the office of judge of the district court for reelection to such office, or on the question of retention of any such judge in office, or for election to the office of senator or representative in the United States congress.

        (c)   Ballots or votes may be cast for justices of the supreme court on the question of retention of any such justice in office as provided by article 3, section 5 of the constitution of Kansas.

        History:   L. 1883, ch. 108, § 1; L. 1909, ch. 137, § 1; R.S. 1923, 25-113; L. 1968, ch. 406, § 63; L. 1974, ch. 137, § 16; L. 1977, ch. 130, § 2; July 1.

• 25-114:

        History:   L. 1883, ch. 108, § 2; R.S. 1923, 25-114; Repealed, L. 1974, ch. 157, § 27; July 1.

• 25-115:

        History:   R.S. 1923, 25-115; Repealed, L. 1977, ch. 131, § 1; July 1.

• 25-116: Certain political parties barred. No political party

        (a)   which is directly or indirectly affiliated by any means whatsoever with the Communist party of the United States, the Communist international, or any other foreign agency, political party, organization or government; or

        (b)   which either directly or indirectly advocates, teaches, justifies, aids or abets the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state; or

        (c)   which directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the government of the United States or this state, shall be recognized, or qualified to participate, or permitted to have the names of its candidates printed on the ballot, in any election in this state.

        History:   L. 1941, ch. 231, § 1; June 30.

• 25-117: Same; affidavit of newly organized party; filing. No newly organized political party shall be recognized or qualified to participate or permitted to have the names of its candidates printed on the ballot in any election in this state until it has filed an affidavit, by the officers of the party in the state, under oath that

        (a)   it is not directly or indirectly affiliated by any means whatsoever with the Communist party of the United States, the Communist international, or any other foreign agency, political party, organization or government; or

        (b)   that it does not either directly or indirectly advocate, teach, justify, aid or abet the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state; or

        (c)   it does not directly or indirectly carry on, advocate, teach, justify, aid or abet a program of sabotage, force and violence, sedition or treason against the government of the United States or this state.

        The affidavit herein provided for shall be filed with the secretary of state and he shall make such investigation as he may deem necessary to determine the character and nature of the political doctrines of such proposed new party, and if he finds that such proposed new party advocates doctrines or has affiliations which are in violation of the provisions of this act, he shall not permit such party to participate in the election.

        History:   L. 1941, ch. 231, § 2; June 30.

• 25-118:

        History:   L. 1963, ch. 227, § 1; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-119: Election and registration expenses, how paid; counties without election commissioner. In all counties not having a county election commissioner, the expense of printing and distributing ballots and all other expenses connected with and that are necessary to provide for national, state, county, township, city and school primary and general elections shall be paid by the county. Expenses connected with registration and copies of registration lists by cities of the first and second classes shall be paid by such cities. Whenever it is provided by law that certain election expenses shall be paid or reimbursed by any city, school district, community junior college district or any public special district, this section shall not be construed to prevent such reimbursement.

        History:   L. 1963, ch. 227, § 2; L. 1968, ch. 406, § 64; April 30.

• 25-120: Election expenses; tax levy, use of proceeds. The expenses of elections in counties not having a county election commissioner shall be paid by the county out of the county general fund, or the board of county commissioners of any such county may levy a tax each year upon the taxable tangible property in the county for the payment of the election expenses, both direct and indirect, of elections for which it is provided by law shall be conducted by the county election officer or the county clerk 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 levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within any specific or aggregate tax levy limit prescribed by K.S.A. 79-1947 or acts amendatory thereof.

        History:   L. 1963, ch. 227, § 3; L. 1968, ch. 406, § 65; L. 1979, ch. 52, § 137; July 1.

• 25-121:

        History:   L. 1963, ch. 227, § 4; Repealed, L. 1968, ch. 406, § 145; April 30.

• 25-122:

        History:   L. 1965, ch. 252, § 1; Repealed, L. 1968, ch. 55, § 28; April 30.

• 25-123: Election to more than one office; incompatible offices. When a person is simultaneously elected to more than one office, such person may accept any such offices that are not incompatible with any other office accepted by such person. If a person accepts election to incompatible offices, the person shall be deemed to have accepted the office last accepted and to have declined any previously accepted incompatible office.

        History:   L. 1981, ch. 165, § 9; July 1.

• 25-124: Training of county election officers; duties of secretary of state. County election officers, as defined in K.S.A. 25-2504 and amendments thereto, shall receive instruction relating to their duties in conducting official elections, including procedures for complying with federal and state laws and regulations. The form and content of the instruction shall be determined by the secretary of state.

        History:   L. 2004, ch. 25, § 16; July 1.

• 25-124 to 25-129: Reserved.
• 25-125 to 25-129: Reserved.
• 25-130: Severability clause. If any provision of this act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the act and the application of such provision to other persons and circumstances shall not be affected thereby.

        History:   L. 2003, ch. 112, § 9; July 1.