History: G.S. 1868, ch. 36, § 75; R.S. 1923, 25-1401; L. 1968, ch. 406, § 132; L. 1976, ch. 145, § 139; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 76, 77; R.S. 1923, 25-1402, 25-1403; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1968, ch. 36, § 78; R.S. 1923, 25-1404; L. 1973, ch. 157, § 2; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 79, 80; R.S. 1923, 25-1405, 25-1406; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 81; R.S. 1923, 25-1407; L. 1976, ch. 145, § 140; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 82 to 84; R.S. 1923, 25-1408 to 25-1410; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 85; R.S. 1923, 25-1411; L. 1968, ch. 406, § 133; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 86; R.S. 1923, 25-1412; L. 1968, ch. 406, § 134; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 87; R.S. 1923, 25-1413; L. 1976, ch. 145, § 141; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 88; R.S. 1923, 25-1414; L. 1968, ch. 406, § 135; L. 1976, ch. 145, § 142; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 89; R.S. 1923, 25-1415; L. 1976, ch. 145, § 143; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 90; R.S. 1923, 25-1416; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 91; R.S. 1923, 25-1417; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 92; R.S. 1923, 25-1418; L. 1976, ch. 145, § 144; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 93, 94; R.S. 1923, 25-1419, 25-1420; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 95; R.S. 1923, 25-1421; L. 1976, ch. 145, § 145; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 96, 97; R.S. 1923, 25-1422, 25-1423; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 98; R.S. 1923, 25-1424; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 99; R.S. 1923, 25-1425; L. 1974, ch. 446, § 11; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 100; R.S. 1923, 25-1426; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 101; R.S. 1923, 25-1427; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, §§ 102, 103; R.S. 1923, 25-1428, 25-1429; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 104; R.S. 1923, 25-1430; L. 1976, ch. 145, § 146; L. 1977, ch. 109, § 27; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 105; R.S. 1923, 25-1431; L. 1976, ch. 145, § 147; Repealed, L. 1978, ch. 138, § 22; July 1.
History: G.S. 1868, ch. 36, § 106; R.S. 1923, 25-1432; Repealed, L. 1968, ch. 406, § 145; April 30.
History: L. 1887, ch. 155, § 2; R.S. 1923, 25-1433; Repealed, L. 1978, ch. 138, § 22; July 1.
History: L. 1978, ch. 138, § 1; L. 1978, ch. 142, § 2; July 1.
History: L. 1978, ch. 138, § 2; July 1.
(a) The person to whom a certificate of election was issued was ineligible to hold such office at the time of the election;
(b) some voters were deprived of the right of voting for a candidate or on a question submitted, when such voters had the right under the election laws of this state to vote thereon, and such deprival could change the result of the election;
(c) illegal votes were received or legal votes were rejected which could change the result of the election;
(d) error or fraud occurred in computing the results of the election which could change the result of the election;
(e) the person to whom the certificate of election was issued offered or gave, or caused to be offered or given, a bribe to any person charged by law with any election duty, for the purpose of procuring such person's election; or
(f) any other cause which shows that another was the person to whom the certificate of election for such office should have been issued.
History: L. 1978, ch. 138, § 3; L. 1985, ch. 121, § 1; March 28.
History: L. 1978, ch. 138, § 4; July 1.
(a) In the case of a constitutional amendment or other question submitted on a statewide basis, in the district court of Shawnee county, and the place of trial shall not be changed.
(b) In the case of a question submitted in a school district, the district court of the home county of the school district.
(c) In the case of a question submitted in a city election, the district court of the county in which the greater part of the population of the city is located.
(d) In the case of a question submitted at a county election, the district court of such county.
(e) In the case of a question submitted at a township election, the district court of the county in which the township is located.
(f) In the case of a question submitted in a district smaller than the entire state and extending into more than one county and not otherwise provided for in this section, the district court of the county any part of which is located in the district and which has the greatest population of all such counties.
(g) In the case of a question submitted in a district entirely within a single county and not otherwise provided for in this section, the district court of such county.
History: L. 1978, ch. 138, § 5; July 1.
History: L. 1978, ch. 138, § 6; July 1.
History: L. 1978, ch. 138, § 7; July 1.
History: L. 1978, ch. 138, § 8; July 1.
History: L. 1978, ch. 138, § 9; July 1.
History: L. 1978, ch. 138, § 10; July 1.
History: L. 1978, ch. 138, § 11; July 1.
History: L. 1978, ch. 138, § 12; July 1.
History: L. 1978, ch. 138, § 13; July 1.
(b) The party applying for the inspection shall file with the clerk of the district court a bond in the sum of two hundred fifty dollars ($250) if the contest be within a single county; otherwise the bond shall be in a sum to be fixed by the court in its discretion, with such sureties as shall be approved by the court, and conditioned that such party will pay the costs and expenses thereof in case the party fails.
(c) If the contest relates to a state office or to the result determined of a constitutional amendment or other question submitted on a statewide basis, the party applying for the inspection shall designate the precincts in the counties in which such party desires the inspection to be made. If the court authorizes the inspection, it shall order the appointment of as many sets of three inspectors as may be necessary to expeditiously count and inspect the ballots and voting machines, and the same shall be inspected in the office of the legal custodian of the ballots in question. The inspectors in a state contest shall be selected in the manner provided in subsection (a).
(d) The inspection shall be made in the presence of the legal custodian of the ballots or voting machines, and the inspectors shall recanvass the votes cast for the parties to the contest or the question submitted in accordance with the rules for counting votes provided in the applicable Kansas election laws. The inspectors shall make a written report of such recanvass and report the number of votes cast for each of the parties to the contest, or for and against a question submitted, for each precinct that is recounted and report any disputed votes upon which the inspectors cannot agree.
History: L. 1978, ch. 138, § 14; July 1.
History: L. 1978, ch. 138, § 15; L. 1985, ch. 121, § 2; March 28.
History: L. 1978, ch. 138, § 16; July 1.
History: L. 1978, ch. 138, § 17; July 1.
(b) In judging the election, returns and qualifications of any member of the house of representatives or senate, in the absence of rules providing otherwise, the speaker or president shall appoint a select committee of equal numbers of members of the two parties having the greatest number of members of the entire senate or house of representatives as the case may be, and shall also appoint the chairperson and vice chairperson of the select committee. The select committee shall consider the files, records and evidence transmitted from the court and shall hear the contestant and contestee and their respective counsel. Such select committee shall have powers of compulsory process and laws applicable thereto shall apply, except that all hearings shall be open. The select committee shall report to the full house of representatives or senate not later than ten days after its appointment. Such report shall be set for the special order of business within five legislative days from the date the report is made. All members shall have access to files, records and evidence transmitted from the court at such reasonable times as determined by the full house of representatives or senate. When the time of the special order of business arrives the full house of representatives or senate except the contestee shall determine, after debate thereon, the person who is the elected member.
History: L. 1978, ch. 138, § 18; July 1.
History: L. 1978, ch. 138, § 19; July 1.