History: L. 1976, ch. 178, § 1; April 14.
(b) As used in this section, the term "misconduct in office" means a violation of law by the officer that impacts the officer's ability to perform the official duties of the office.
History: L. 1976, ch. 178, § 16; L. 1987, ch. 130, § 1; L. 1999, ch. 105, § 8; L. 2003, ch. 127, § 1; July 1.
History: L. 1976, ch. 178, § 17; April 14.
(b) The provisions of this act do not apply to any judicial officer.
(c) K.S.A. 25-4318 to 25-4331, inclusive, apply only to recall of all elected public officials who are provided by law to be elected at an election conducted by one or more county election officers, except those officers specified in subsections (a) and (b). For the purpose of this act, officers to which this subsection apply are "local officers."
(d) Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (a) applies shall be a state officer for the purpose of this act. Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (c) applies shall be a local officer for the purpose of this act.
History: L. 1976, ch. 178, § 2; April 14.
History: L. 1976, ch. 178, § 3; L. 2001, ch. 5, § 93; July 1.
History: L. 1976, ch. 178, § 4; L. 1976, ch. 177, § 1; L. 2001, ch. 128, § 8; L. 2003, ch. 127, § 2; July 1.
History: L. 1976, ch. 178, § 5; L. 1976, ch. 177, § 2; L. 2003, ch. 127, § 3; July 1.
(1) The facts do not support the grounds for recall as stated in the application;
(2) the application is not substantially in the required form;
(3) the application was filed during the first 120 days of the term of office of the official sought to be recalled or within less than 200 days of the termination of the term of office of the state officer sought to be recalled;
(4) the person named in the application is not a state officer;
(5) there is an insufficient number of required signatures of any kind;
(6) the state officer sought to be recalled has been or is being subjected to another recall election during such officer's current term of office; or
(7) the application does not conform to any other requirement of this act.
(b) All mandamus proceedings to compel a recall election and all injunction proceedings to restrain a recall election shall be commenced within 30 days after the secretary of state's decision.
History: L. 1976, ch. 178, § 6; L. 1978, ch. 147, § 1; L. 2003, ch. 127, § 4; L. 2007, ch. 125, § 4; July 1.
(b) Any person who signs a name other than that person's own name to a petition for recall of a state officer, or who knowingly signs more than once for the same proposition at one election, or who signs the petition knowing he or she is not a registered elector is guilty of a class B misdemeanor. Each page of the petition shall include a statement of warning of this crime.
History: L. 1976, ch. 178, § 7; April 14.
History: L. 1976, ch. 178, § 8; L. 1988, ch. 119, § 6; L. 2001, ch. 128, § 9; July 1.
History: L. 1976, ch. 178, § 9; L. 1976, ch. 177, § 3; L. 1978, ch. 147, § 2; L. 2003, ch. 127, § 5; July 1.
History: L. 1976, ch. 178, § 10; L. 1978, ch. 147, § 3; April 25.
History: L. 1976, ch. 178, § 11; Repealed, L. 1985, ch. 125, § 1; July 1.
History: L. 1976, ch. 178, § 12; April 14.
History: L. 1976, ch. 178, § 13; L. 2003, ch. 127, § 6; July 1.
History: L. 1976, ch. 178, § 14; April 14.
History: L. 1976, ch. 178, § 15; April 14.
History: L. 1976, ch. 178, § 18; April 14.
History: L. 1976, ch. 178, § 19; April 14.
(b) Each page of a petition for recall of a local officer shall be
in substantially the following form:
I, the undersigned, hereby seek the recall of ______________ from the office of ___________________________, on the ground(s) that ___________________________________________________________, (state specific grounds) and declare that I am a registered elector of ___________________ County, Kansas, and of the election district of the officer named above. Street Number Name of or RR Name of Signer (as Registered) City Date of Signing _______ _______________ _______ _______________ _______ _______________ _______ _______________
NOTE:
1. It is a class B misdemeanor to sign a name other than your own name to this petition, to knowingly sign more than once for the recall of the same officer at the same election or to sign this petition knowing you are not a registered elector.
2. The following comprise the recall committee:
3. A list of all sponsors authorized to circulate petitions for this recall may be examined in the office of the ____________ County election officer.
(c) A county election officer shall provide a sample of the form prescribed by subsection (b) upon request by any person.
(d) The affidavit required by K.S.A. 25-4325, and amendments thereto, shall be appended to each petition for recall of a local officer.
History: L. 1976, ch. 178, § 20; L. 1978, ch. 147, § 4; L. 1988, ch. 119, § 7; L. 1991, ch. 104, § 2; L. 2001, ch. 128, § 10; July 1.
History: L. 1976, ch. 178, § 21; L. 1976, ch. 176, § 1; L. 1978, ch. 147, § 5; April 25.
(b) Before any petition for recall of a local officer is circulated, the county election officer shall transmit a copy of such petition to the county or district attorney or to the attorney designated pursuant to subsection (c) for determination of the sufficiency of the grounds stated in the petition for recall. Within five days of receipt of the copy of the petition from the county election officer, the county or district attorney or the attorney designated pursuant to subsection (c) shall make such determination and notify the county election officer, the officer sought to be recalled and the recall committee of such determination. Such determination shall include whether:
(1) The facts do not support the grounds for recall as stated in the petition for recall;
(2) the petition is not substantially in the required form;
(3) the petition was filed during the first 120 days of the term of office of the official sought to be recalled or within less than 180 days of the termination of the term of office of the officer sought to be recalled;
(4) the person named in the petition is not a local officer;
(5) there is an insufficient number of required signatures of any kind;
(6) the local officer sought to be recalled has been or is being subjected to another recall election during such officer's current term of office; or
(7) the application does not conform to any other requirement of this act.
(c) In the case of a recall of the county or district attorney, a judge of the district court of such county shall designate an attorney to determine the sufficiency of the grounds stated in the petition for recall. Such attorney shall perform the duties imposed on the county or district attorney in the recall of other local officers.
(d) All mandamus proceedings to compel a recall election and all injunction proceedings to restrain a recall election shall be commenced within 30 days after the county or district attorney's decision.
History: L. 1976, ch. 178, § 22; L. 1976, ch. 177, § 4; L. 1999, ch. 105, § 9; L. 2003, ch. 127, § 7; L. 2007, ch. 125, § 5; July 1.
(b) Only one recall election may be held to recall a particular local officer in a single term of office, and no petition for a second recall election within a single term shall be approved or circulated.
(c) The number of local officers serving on the same governing body which may be subject to recall at the same time shall not exceed a majority of the members of the governing body minus one, and no petition for recall of a local officer serving on a governing body shall be approved if petitions for the recall of other local officers serving on the same governing body have been properly filed and elections thereon have not been held and the number of such other local officers equals a majority of the members of the governing body minus one.
History: L. 1976, ch. 178, § 23; L. 1978, ch. 147, § 6; April 25.
History: L. 1976, ch. 178, § 24; L. 1978, ch. 147, § 7; L. 1991, ch. 104, § 3; L. 1999, ch. 105, § 10; L. 2002, ch. 146, § 8; July 1.
History: L. 1976, ch. 178, § 25; L. 1976, ch. 177, § 5; L. 1978, ch. 147, § 8; L. 1987, ch. 130, § 2; L. 2003, ch. 127, § 8; July 1.
History: L. 1976, ch. 178, § 26; L. 1978, ch. 147, § 9; April 25.
History: L. 1976, ch. 178, § 27; Repealed, L. 1985, ch. 125, § 1; July 1.
History: L. 1976, ch. 178, § 28; L. 1984, ch. 146, § 1; L. 1992, ch. 1, § 1; Feb. 13.
History: L. 1976, ch. 178, § 29; L. 2003, ch. 127, § 9; July 1.
History: L. 1976, ch. 178, § 30; L. 1980, ch. 114, § 1; July 1.
History: L. 1976, ch. 178, § 31; April 14.