----------------------------------------------------------------------------


10  AN ACT concerning elections; relating to candidates for office; relating
11    to nominations for office; relating to ballots; amending K.S.A. 22a-102,
12    25-308, 25-616 and 25-1903 and K.S.A. 1996 Supp. 25-105 and 25-
13    306b and repealing the existing sections.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 22a-102 is hereby amended to read as follows: 22a-
17  102. No person shall be eligible for nomination to the office of district
18  attorney unless such person shall have been regularly admitted to practice
19  law in the state of Kansas for five (5) years next preceding his nomination
20  for such office: Provided, That. An attorney who shall have been a county
21  attorney, assistant county attorney or assistant district attorney for the
22  three (3) years immediately preceding his nomination as district attorney
23  shall be eligible for nomination. A person so qualified may become a
24  candidate for election to the office of district attorney by either one of
25  the following methods:
26    (a)  Any person who is a qualified elector of any judicial district in
27  which a district attorney is to be elected and who is otherwise qualified
28  under this act may petition to be a candidate for district attorney of such
29  judicial district by filing in the office of the secretary of state a petition
30  for his candidacy, signed by not less than five percent (5%) 5% of the
31  qualified electors of such judicial district who voted for the office of sec-
32  retary of state at the last preceding general election; or
33    (b)  Any person who is a qualified elector of any judicial district in
34  which a district attorney is to be elected and who is otherwise qualified
35  under this act may become a candidate for district attorney of such judicial
36  district by filing in the office of the secretary of state a declaration of
37  intent to be such a candidate and payment therewith of a filing fee in an
38  amount equal to one percent (1%) 1% of the annual salary for such office.
39    (c)  Any such petition or declaration of intent must be filed at the time
40  and in the manner and form provided in K.S.A. 25-205, to the extent the
41  provisions thereof are not in conflict with this act, and filed by a candidate
42  to run in the primary election held in accordance with K.S.A. 25-203, and
43  amendments thereto, shall be filed no later than 12:00 noon, June 10, prior
HB 2133--Am.
                                     

 1  to such primary election, or if such date falls on Saturday, Sunday or a
 2  holiday, then before 12:00 noon of the next following day that is not a
 3  Saturday, Sunday or a holiday. Any such petition or declaration of intent
 4  filed by an independent candidate for the office of district attorney shall
 5  be filed no later than 12:00 noon on the Monday preceding the date fixed
 6  for the holding of primary elections in accordance with K.S.A. 25-203,
 7  and amendments thereto. All laws applicable to the election of other state
 8  officers shall apply to elections of district attorneys to the extent the same
 9  are not in conflict with this act.
10    Sec. 2.  K.S.A. 1996 Supp. 25-105 is hereby amended to read as fol-
11  lows: 25-105. Except as otherwise provided by law, the county election
12  officer shall cause notice of the time of the holding of any general election
13  to be published once at least 15 days before such election, except in the
14  case of special elections, when 10 days' notice shall be given. Such notice
15  shall be published in a paper or papers having circulation in such county.
16  Such notice shall state the date and times of such election, the name of
17  each person nominated for any public office to be voted upon and any
18  propositions to be voted upon. If such election is not held in conjunction
19  with another election for which notice of voting areas and polling places
20  has been published, the notice required by this section shall also include
21  such information. When the names to appear on general election ballots
22  are definitely known and no later than 25 days prior to any general elec-
23  tion, the county election officer shall mail a copy of such notice to each
24  person nominated for any public office, except candidates for president
25  and vice president of the United States, and to judicial retention candi-
26  dates.
27    Sec. 3.  K.S.A. 1996 Supp. 25-306b is hereby amended to read as
28  follows: 25-306b. (a) Any No person who has been nominated by any
29  means whatsoever for any national, state, county or township office may
30  cause such person's name to be withdrawn from nomination by a request
31  in writing, signed by the person and acknowledged before an officer qual-
32  ified to take acknowledgments of deeds. Any such request shall be filed
33  with the secretary of state in the case of national and state offices and
34  with the county election officer in the case of county and township offices.
35  Except as provided in subsection (b) of this section, in the case of national
36  and state offices, any such request shall be filed within seven days, in-
37  cluding Saturdays, Sundays and holidays, after the meeting of the state
38  board of canvassers for the final canvass of primary election provided for
39  in K.S.A. 25-3205 and amendments thereto. Except as provided in sub-
40  section (b) of this section, in the case of county and township offices, any
41  such request shall be filed within 10 days after the meeting of the county
42  board of canvassers to canvass the primary election as provided in K.S.A.
43  25-3104 and amendments thereto. No name withdrawn as provided in
HB 2133--Am.
                                     

 1  this section shall be printed on the ballots for such office for the general
 2  election.
 3    (b)  Whenever there has been a vacancy which occurred from a with-
 4  drawal under this section, and such vacancy was filled according to law,
 5  the person filling the vacancy may cause such person's name to be with-
 6  drawn from nomination in the manner provided in subsection (a) of this
 7  section at any time prior to the 40th day before the general election after
 8  the day of the primary election.
 9    Sec. 4.  K.S.A. 25-308 is hereby amended to read as follows: 25-308.
10    (a) Any certificate of nomination, nomination petitions or declaration of
11  intention to become a candidate, filed or issued in apparent conformity
12  with law, shall be deemed to be valid unless:
13    (1)  Objection thereto is made in writing within three days from the
14  date the certificate, petitions or declaration is filed with or issued by the
15  proper officers; or
16    (2)  in the case of certificates of nomination, nomination petitions and
17  declarations of intention to become a candidate, the secretary of state or
18  the county election officer finds them to be invalid pursuant to K.S.A.
19  25-208a, and amendments thereto.
20    (b)  If the secretary of state or the county election officer finds any
21  certificates of nomination, nomination petitions or declaration of intention
22  to become a candidate to be invalid pursuant to K.S.A. 25-208a, and
23  amendments thereto, the candidate on whose behalf the certificates pe-
24  titions or declaration was filed may make objection to such finding in
25  writing within three days of receipt by the candidate of notice of such
26  finding.
27    (c)  In the case of nominations of national and state officers, objections
28  shall be filed with the secretary of state and shall be considered by the
29  lieutenant governor, secretary of state, and attorney general, and a deci-
30  sion of a majority of these officers shall be final. In the case of nominations
31  for county, township, city and school officers, objections shall be filed
32  with the county election officer and shall be considered by the county
33  election officer, clerk of the district court and county attorney or district
34  attorney, and a decision of a majority of these officers shall be final.
35    (d)  In any case where objection is made, notice shall forthwith be
36  given, by the officer with whom the objections are filed, to the other
37  officers required to determine the matter and to the candidates affected
38  thereby, addressed in the case of candidates to their places of residence
39  as given in the nomination petitions, declaration of intention to become
40  a candidate or certificate of nomination. The notice shall state the time
41  when the objection will be considered, which shall be not more than five
42  days following the giving of such notice in the case of nomination of a
43  national or state officer and not more than three days following the giving
HB 2133--Am.
                                     

 1  of such notice in the case of nomination of a county, township, city or
 2  school officer, and the place where such objections will be considered.
 3    (e)  The causes for objection under this section as to any office may
 4  be any of those causes listed in K.S.A. 25-1436, and amendments thereto.
 5  The officers determining any objections under this section may assess any
 6  costs arising therefrom to either the objector or objectee in accordance
 7  with the determination made. Such costs shall be paid to the secretary of
 8  state or the county election officer, as the case may be, and deposited
 9  thereby in the treasury of the state or county to the credit of its general
10  fund. If such costs are not paid within 10 days after the same are fixed,
11  the secretary of state or county election officer shall make a certificate of
12  the facts and file it with the clerk of the district court in the county where
13  the person owing the same resides, and such clerk of the district court
14  shall cause the same to be collected as in cases of collection of court costs,
15  and when so collected the same shall be disposed of as are court costs in
16  such district court.
17    (f)  All mandamus proceedings to compel an officer to certify and
18  place upon the ballot any name or names, and all injunction proceedings
19  to restrain an officer from certifying and placing upon the ballot any name
20  or names, must be commenced not less than 30 45 days before the elec-
21  tion.
22    Sec. 5.  K.S.A. 25-616 is hereby amended to read as follows: 25-616.
23  The secretary of state shall prescribe the ballot format but the national
24  offices part of the official general ballot for national and state offices shall
25  be substantially in the form shown in this section and the state offices
26  part of such ballot shall be substantially in the form shown in K.S.A. 25-
27  617, and amendments thereto.
28                                                      STATE OF KANSAS
29                                                  OFFICIAL GENERAL BALLOT
30                                                 National and State Offices
31                                                   County of ____________
32                                                 November _________, 19___
33  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
34 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -                                                      NATIONAL OFFICES
35  __________________________________________________________________________________________________________________
36    To vote for presidential electors for candidates for president and vice-president make a
37  cross or check mark in the square at the left of the names of the candidates. To vote for
38  presidential electors to be selected by candidates for president and vice-president whose
39  names are not printed on the ballot, write the persons' names in the appropriate blank
40  spaces and make a cross or check mark in the square at the left of the names of the can-
41  didates.
42  __________________________________________________________________________________________________________________
HB 2133--Am.
                                     

 1  VOTE FOR ONE PAIR
 2  [] FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND VICE-PRESIDENT
 3    JONESTERN AND DOE [lfRepublican
 4  [] FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND VICE-PRESIDENT
 5    ROEHEAD AND RICHARDBY [lfDemocrat
 6  [] FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND VICE-PRESIDENT
 7    JANEBRAND AND JOHNBERG [lfIndependent
 8
     Nominations
 9  [] FOR PRESIDENTIAL ELECTORS FOR PRESIDENT
10    AND VICE-PRESIDENT _________ and _________
11  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
12    To vote for a person make a cross or check mark in the square at the left of the person's
13  name. To vote for a person whose name is not printed on the ballot, write the person's name
14  in the blank space and make a cross or check mark in the square to the left.
15  __________________________________________________________________________________________________________________
16  FOR UNITED STATES SENATOR
17  Vote for One
18    [] DAN BOBING, Brussell.............................................................................Republican
19    [] ROBERTA SMITH, Salina..............................................................................Democrat
20    [] ____________________________________________________________________________________________________________
21  __________________________________________________________________________________________________________________
22  FOR UNITED STATES REPRESENTATIVE
23    ____________ DISTRICT
24  Vote for One
25    [] ELMER O'BRIEN, Wichita.............................................................................Democrat
26    [] WM.T. MILLER, Maple City.........................................................................Republican
27    [] ____________________________________________________________________________________________________________
28  __________________________________________________________________________________________________________________
29    When any office is not to be elected, it shall be omitted from the ballot.
30    Sec. 6 5.  K.S.A. 25-1903 is hereby amended to read as follows: 25-
31  1903. (a) A person may become a candidate for election to the office of
32  state board member by either one of the methods provided in this section.
33    (1) Any person who is an elector of any board member district may pe-
34  tition to be a candidate for member of the state board from the board
35  member district in which such person resides. Any such person shall file
36  with the secretary of state a petition for the candidacy of such person
37  signed by not less than two hundred (200) 200 electors residing in such
38  board member district. (2) Any person who is an elector of any board
39  member district may become a candidate for member of the state board
40  from the board member district in which such candidate resides by filing
41  in the office of the secretary of state a declaration of intent to be such a
42  candidate and payment therewith of a filing fee in the amount of twenty-
43  five dollars ($25) $25.
HB 2133--Am.
                                     

 1    (b)  Any such petition or declaration of intent must be filed in the
 2  form, and at the time and in the manner provided in K.S.A. 25-205, as
 3  amended, to the extent the provisions thereof are not in conflict with this
 4  act filed by a candidate to run in the primary election held in accordance
 5  with K.S.A. 25-203, and amendments thereto, shall be filed no later than
 6  12:00 noon, June 10, prior to such primary election, or if such date falls
 7  on Saturday, Sunday or a holiday, then before 12:00 noon of the next
 8  following day that is not a Saturday, Sunday or a holiday. Any such
 9  petition or declaration of intent filed by an independent candidate for the
10  office of state board member shall be filed no later than 12:00 noon on
11  the Monday preceding the date fixed for the holding of primary elections
12  in accordance with K.S.A. 25-203, and amendments thereto.
13    Sec. 7 6.  K.S.A. 22a-102, 25-308, 25-616 and 25-1903 and K.S.A.
14  1996 Supp. 25-105 and 25-306b are hereby repealed.
15    Sec. 8 7.  This act shall take effect and be in force from and after its
16  publication in the statute book.