History: L. 1968, ch. 59, § 1; July 1.
History: L. 1968, ch. 59, § 2; July 1.
(b) "Board member" and "member" mean a member of a board of education of any unified school district.
(c) "Holdover member" means a member, or an appointed successor to such member, whose term extends for any period before and two years after the July 1 following a change in method of election under this act.
(d) "Member position" means one of the seven positions of members of the board of education when a district method is used, each member position, except the at-large member position, is numbered.
History: L. 1968, ch. 59, § 3; L. 1976, ch. 185, § 1; April 13.
(b) "District method" means either a six district method, three district method, or two district method.
(c) "Election at large method" means election of board members without member districts.
(d) "Election at large" means an election at which all electors vote on all candidates.
History: L. 1968, ch. 59, § 4; July 1.
(b) "Plan of change" means a specific proposal to change the voting plan or the method of election, or both, in a school district.
(c) "Voting plan" means one of the three voting plans described in this act. "Voting plan-A" is election at large in both primary and general elections. "Voting plan-B" is voting by a district method in the primary and by election at large in the general election. "Voting plan-C" is voting by a district method in both the primary and general elections.
History: L. 1968, ch. 59, § 5; July 1.
(b) "Primary election" means the election held five weeks preceding the election on the first Tuesday in April, and any other preliminary election at which part of the candidates for special election to any school office are eliminated by the process of the election but at which no officer is finally elected.
History: L. 1968, ch. 59, § 6; L. 1982, ch. 157, § 1; April 22.
(b) "County election officer" means:
(1) The election commissioner of the home county of the school district if such county has an election commissioner,
(2) the county clerk of the home county of the school district if the county does not have an election commissioner,
(3) the county clerk (or the election commissioner if there is one) of the county in which all or the greater part of the population is located in the case of a nonunified school district. In the event that doubt exists concerning which public officer is the county election officer under this subpart, the secretary of state shall specify such officer and such specification shall be conclusive.
(c) "Filing deadline" means the hour, date or time after which it is provided by law no person may become a candidate for election to public office; for school elections the filing deadline is 12:00 o'clock noon on the Tuesday which precedes by 10 weeks the first Tuesday in April of any odd-numbered year.
History: L. 1968, ch. 59, § 7; L. 1973, ch. 161, § 1; L. 1982, ch. 157, § 2; April 22.
(b) "State board" means the state superintendent of public instruction until that office is abolished and thereafter the constitutional state board of education.
History: L. 1968, ch. 59, § 8; July 1.
(b) Except as is provided in (a) above, laws applicable to county and city elections shall apply to school elections to the extent that the same are not in conflict with the provisions of this act. The provisions of this subsection (b) shall not apply to election notices.
History: L. 1968, ch. 59, § 28; July 1.
History: L. 1968, ch. 59, § 22; L. 1983, ch. 123, § 4; Jan. 27.
History: L. 1968, ch. 59, § 25; July 1.
History: L. 1968, ch. 59, § 29; L. 1973, ch. 162, § 1; March 16.
History: L. 1970, ch. 140, § 2; July 1.
History: L. 1968, ch. 59, § 31; Repealed, L. 1973, ch. 162, § 2; L. 1973, ch. 167, § 2; March 16.
History: L. 1968, ch. 59, § 26; July 1.
History: L. 1969, ch. 190, § 1; L. 1972, ch. 138, § 1; L. 1979, ch. 109, § 2; July 1.
History: L. 1968, ch. 59, § 37; Repealed, L. 1999, ch. 105, § 17; July 1.
History: L. 1968, ch. 59, § 34; July 1.
History: L. 1968, ch. 59, § 27; July 1.
History: L. 1970, ch. 140, § 1; L. 1972, ch. 138, § 2; July 1.
(b) On or before January 15, the county election officer shall publish a notice of election one time in a newspaper having general circulation in the school district. The notice for board member elections shall state (1) the name of the school district, (2) the date of the general election, (3) the date of the primary election if one is held, (4) the filing deadline and the place of filing, and (5) the offices or positions to be filled.
(c) All notices provided for by this section shall be given in the form prescribed by the secretary of state to the extent that any notice or part thereof is prescribed by the secretary of state. The provisions of this section shall not be construed to require the secretary of state to prescribe any particular form.
(d) Not less than six weeks prior to the first Tuesday in April a notice of primary elections shall be published by the county election officer in a newspaper having general circulation in the school district, if a primary election is required to be held. The publication shall be made one time and shall state (1) the name of the school district, (2) the date of the primary election, (3) the names of the candidates and the office or position for which each is a candidate, (4) the voting place or places and the area each voting place is to serve, (5) the times of opening and closing of the polls. Description of areas shall be in the terms determined by the county election officer.
(e) Not less than three days prior to the first Tuesday in April a notice of the general election shall be published by the county election officer one time in a newspaper having general circulation in the school district. The notice shall state (1) the name of the school district, (2) the date of the general election, (3) the names of the candidates and the office or position for which each is a candidate, (4) the voting place or places and the area each voting place is to serve, (5) the time of opening and closing of polls. Description of areas shall be in such terms as may be determined by the county election officer.
(f) Notice of any question submitted election of any school district shall be made in the manner provided by K.S.A. 10-120, and amendments thereto. The notice shall state (1) the name of the school district, (2) the date of the election, (3) the amount of bonds to be issued, if a bond election, (4) the proposition to be voted upon, (5) the hours of opening and closing of the polls, (6) the voting place or places and the area each voting place is to serve, and (7) any other information specifically required by law. Description of areas shall be in the terms determined by the county election officer.
History: L. 1968, ch. 59, § 36; L. 1974, ch. 162, § 1; L. 1982, ch. 157, § 3; L. 1983, ch. 50, § 2; July 1.
The provisions of this act shall have no application to any capital outlay tax levy or election for authorization thereof. This act shall apply to every school district offering any of grades one to twelve and to community junior colleges.
This section shall not apply to bond elections held for the purpose of replacing, or repairing and equipping school buildings or facilities destroyed or substantially damaged by fire, windstorm, flood or other casualty, if approval for such election is obtained from the state board of education.
History: L. 1968, ch. 276, § 1; L. 1970, ch. 141, § 1; July 1.
(1) Any person who is an elector in any member district may petition to be a candidate for board member from the member district in which such person resides. Any such person shall file with the county election officer, a petition for such candidacy signed by not less than 50 electors residing in such member district or by a number of such electors equal to not less than 10% of the electors residing in such member district, whichever is less.
(2) Any person who is an elector in any school district may petition to be a candidate for board member at-large from the school district in which such person resides. Any such person shall file with the county election officer, a petition for such candidacy signed by not less than 50 electors residing in such school district.
(3) Any person who is an elector in any member district may become a candidate for board member from the member district in which such person resides by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $5. Such declaration shall be prescribed by the secretary of state.
(4) Any person who is an elector in any school district may become a candidate for board member at-large from the school district in which such person resides by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $5. Such declaration shall be prescribed by the secretary of state.
(5) Any such petition or declaration shall specify the member position for which the person is a candidate.
(b) When the election at large method is in effect in any school district, a person may become a candidate for election to board member by either one of the following methods:
(1) Any person who is an elector of the school district may petition to be a candidate for board member. Any such person shall file with the county election officer a petition for such candidacy signed by not less than 50 electors residing in the school district.
(2) Any person who is an elector in the unified school district may become a candidate for board member by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $5. Such declaration shall be prescribed by the secretary of state.
(3) Any such petition or declaration which is for an unexpired term of a member shall so specify.
(c) Any such petition or declaration of intent must be filed before the filing deadline. No candidate shall be permitted to withdraw from candidacy after the filing deadline.
(d) Within three days from the date of the filing of a nomination petition or a declaration of intention to become a candidate for board member, the county election officer shall determine the validity of such petition or declaration.
(e) If a nomination petition or declaration is found to be invalid, the county election officer shall notify the candidate on whose behalf the petition or declaration was filed that such nomination petition or declaration has been found to be invalid and the reason for the finding. Such candidate may make objection to the finding of invalidity by the county election officer in accordance with K.S.A. 25-308 and amendments thereto.
History: L. 1968, ch. 59, § 23; L. 1976, ch. 185, § 2; L. 1978, ch. 138, § 21; L. 1989, ch. 106, § 8; L. 2002, ch. 146, § 1; July 1.
(b) In school districts having the election at large method, if there are more than two (2) times the number of candidates as there are board members to be elected, the county election officer shall call, and there shall be held, a primary election. The names of twice the number of candidates as there are board members to be elected who received the greatest number of votes at the primary election shall appear on the ballots in the general election.
(c) If a member is to be elected to fill an unexpired term the rules in this section shall be modified consistent with the provisions of this subsection. If there are more than two (2) candidates for such unexpired term, the county election officer shall call and there shall be held, a primary election. The names of the two (2) candidates for such unexpired term receiving the greatest number of votes shall appear on the ballots in the general election.
(d) No ballot in a primary school election shall have either names or write-in blanks for any board member position unless more than two (2) candidates have filed for such position.
(e) On the ballots in general school elections, blank lines for the name of write-in candidates shall be printed at the end of the list of candidates for each different office equal to the number to be elected thereto. The purpose of such blank lines shall be to permit the voter to insert the name of any person not printed on the ballot for whom such voter desires to vote for such office. No lines for write-in candidates shall appear on primary school election ballots.
History: L. 1968, ch. 59, § 24; L. 1971, ch. 130, § 1; L. 1974, ch. 163, § 1; L. 1976, ch. 185, § 3; April 13.
In the latter event, the unexpired term of two years commencing July 1 after the following general school election shall be filled at such election and the ballots or ballot labels and returns of election with respect to such office shall be designated as follows: "To fill the unexpired term."
History: L. 1968, ch. 59, § 30; L. 1971, ch. 131, § 1; L. 1973, ch. 163, § 1; July 1.
History: L. 1970, ch. 140, § 4; L. 1974, ch. 163, § 2; L. 1976, ch. 185, § 4; April 13.
History: L. 1972, ch. 281, § 1; L. 1976, ch. 145, § 149; L. 1977, ch. 109, § 28; July 1.
History: L. 1968, ch. 59, § 32; L. 1974, ch. 164, § 1; July 1.
History: L. 1970, ch. 140, § 3; July 1.