CHAPTER 195 SENATE BILL No. 262
      An Act concerning courts; relating to additional district magistrate positions; election filing
      requirements; jurors, qualifications and questionnaires; amending K.S.A. 20-355, 25-
      205, 43-158 and 43-161 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 20-355 is hereby amended to read as follows: 20-
355. (a) On or before April 15 of every even-numbered year, the supreme
court shall examine the need for more or less divisions or district mag-
istrate judge positions of the district court in each judicial district which
has not approved the proposition of nonpartisan selection of district
judges of the district court, as provided in K.S.A. 20-2901, and amend-
ments thereto, and, except that on or before May 15, 1998, the supreme
court shall examine the need for more or less divisions or district magis-
trate judge positions of the district court in each judicial district which
has not approved the proposition of nonpartisan selection of judges of the
district court. On or before May 15 of each year, the supreme court shall
examine the need for more or less divisions or positions of the district
court in judicial districts which have approved such proposition. When-
ever the supreme court shall determine that in order to effectively ex-
pedite the business of the district court in any judicial district in this state,
the need exists for an additional district judge of the district court and an
additional division of or position in such court, the supreme court shall
so certify to the secretary of state, and where the need for such additional
district judge of the district court and division or position is in a judicial
district in which such proposition of nonpartisan selection of district court
judges of the district court has been approved, such certification also shall
be made to the chairperson of the district judicial nominating commission
of such judicial district. Any additional division or position so certified
shall be designated as the next numbered division or position of such
court.

(b) Upon certification of an additional district judge of the district
court and an additional division or position of the district court in any
judicial district which has not approved the proposition of nonpartisan
selection of district judges of the district court, the first district judge of
the district court of such new division or position shall be elected at the
general election held in November of the year in which the division or
position is determined to be necessary and such judge shall take office
on the second Monday in January of the following year. No judge of any
such new division shall be appointed pending the first election to fill such
office.

(c) Upon certification of an additional district judge of the district
court and an additional division or position of the district court in any
judicial district which has approved the proposition of nonpartisan selec-
tion of district judges of the district court, the additional division or po-
sition shall be created on July 15 of the year in which such certification
is made, and the additional district judge shall be selected and take office
in the manner prescribed by subsection (b) of K.S.A. 20-2913, and
amendments thereto. The additional position shall be created on July 1
of the year in which the position is approved, and the additional district
magistrate judge shall be selected and take office in the manner prescribed
by K.S.A. 20-2914 and amendments thereto.

(d) The supreme court shall determine the county or judicial district
in which the newly created division or position shall be placed.

(e) Any additional district judge or district magistrate judge position
created by this section shall be considered a position created by the su-
preme court and not a civil appointment to a state office pursuant to
K.S.A. 46-234, and amendments thereto.

Sec. 2. K.S.A. 25-205 is hereby amended to read as follows: 25-205.
(a) Except as otherwise provided in subsection (h) this section, the names
of candidates for national, state, county and township offices shall be
printed upon the official primary ballot when each shall have qualified to
become a candidate by one of the following methods and none other: (1)
They shall have had filed in their behalf, not later than 12:00 noon, June
10, prior to such primary election, or if such date falls on Saturday, Sunday
or a holiday, then before 12:00 noon of the next following day that is not
a Saturday, Sunday or a holiday, nomination petitions, as provided for in
this act, except that in 1998, candidates for judge or district magistrate
judge of the district court for positions created in 1998 in those judicial
districts that have not approved the proposition of nonpartisan selection
of judges of the district court shall have filed in their behalf, not later than
12:00 noon, July 1, 1998, nomination petitions, as provided for in this act;
or (2) they shall have filed not later than the time for filing nomination
petitions, as above provided, with the proper officer a declaration of in-
tention to become a candidate, accompanied by the fee required by law.
Such declaration shall be prescribed by the secretary of state.

(b) Nomination petitions shall be in substantially the following form:

I, the undersigned, an elector of the county of ________, and state of Kansas, and
a duly registered voter, and a member of ______ party, hereby nominate ______________ ,
who resides in the township of ________ (or at number ________ on ________
street, city of ________), in the county of ________ and state of Kansas, as a
candidate for the office of (here specify the office) ________, to be voted for at the
primary election to be held on the first Tuesday in August in ________, as representing
the principles of such party; and I further declare that I intend to support the candidate
herein named and that I have not signed and will not sign any nomination petition for any
other person, for such office at such primary election.

(HEADING)

Name of		Street Number		Name of		Date of
Signers.		or Rural Route		City.		Signing.
		(as registered).

All nomination petitions shall have substantially the foregoing form,
written or printed at the top thereof. No signature shall be counted unless
it is upon a sheet having such written or printed form at the top thereof.

(c) Each signer of a nomination petition shall sign but one such pe-
tition for the same office, and shall declare that such person intends to
support the candidate therein named, and shall add to such person's sig-
nature and residence, if in a city, by street and number (if any); or, oth-
erwise by post-office address. No signature shall be counted unless the
place of residence of the signer is clearly indicated and the date of signing
given as herein required and if ditto marks are used to indicate address
they shall be continuous and clearly made. Such sheets shall not be cut
or pasted together.

(d) All signers of each separate nomination petition shall reside in the
same county and election district of the office sought. The affidavit de-
scribed in this paragraph of a qualified elector who resides in such county
and election district or of the candidate shall be appended to each petition
and shall contain, at the end of each set of documents carried by each
circulator, a verification, signed by the circulator or the candidate, to the
effect that such circulator or the candidate personally witnessed the sign-
ing of the petition by each person whose name appears thereon. The
person making such affidavit shall be duly registered to vote.

(e) Except as otherwise provided in subsection (g), nomination peti-
tions shall be signed:

(1) If for a state officer elected on a statewide basis or for the office
of United States senator, by voters equal in number to not less than 1%
of the total of the current voter registration of the party designated in the
state as compiled by the office of the secretary of state;

(2) If for a state or national officer elected on less than a statewide
basis, by voters equal in number to not less than 2% of the total of the
current voter registration of the party designated in such district as com-
piled by the office of the secretary of state, except that for the office of
district magistrate judge, by not less than 2% of the total of the current
voter registration of the party designated in the county in which such
office is to be filled as certified to the secretary of state in accordance
with K.S.A. 25-3302, and amendments thereto;

(3) If for a county office, by voters equal in number to not less than
3% of the total of the current voter registration of the party designated
in such district or county as compiled by the county election officer and
certified to the secretary of state in accordance with K.S.A. 25-3302, and
amendments thereto; and

(4) If for a township office, by voters equal in number to not less than
3% of the total of the current voter registration of the party designated
in such township as compiled by the county election officer and certified
to the secretary of state in accordance with K.S.A. 25-3302, and amend-
ments thereto.

(f) Subject to the requirements of K.S.A. 25-202, and amendments
thereto, any political organization filing nomination petitions for a major-
ity of the state or county offices, as provided in this act, shall have a
separate primary election ballot as a political party and, upon receipt of
such nomination petitions, the respective officers shall prepare a separate
state and county ballot for such new party in their respective counties or
districts thereof in the same manner as is provided for existing parties.

(g) (1) In the year 1992, if new boundary lines are defined and dis-
tricts established in the manner prescribed by law on or after the effective
date of this act and on or before May 10, 1992, for the offices of repre-
sentative in the United States congress, senator and representative in the
legislature of the state of Kansas, and member of the state board of ed-
ucation, nomination petitions for nomination to such offices shall be
signed by voters equal in number to not less than 1% of the total of the
current voter registration of the party designated in the district as com-
piled by the office of the secretary of state.

(2) In the year 1992, if new boundary lines are defined and districts
established in the manner prescribed by law on or after May 11, 1992,
nomination petitions for nomination to the following offices shall be
signed by registered voters of the party designated in the district equal
in number to not less than the following:

(A) For the office of representative in the United States congress	1,000 registered voters;
(B) for the office of member of the state board of education	300 registered voters;
(C) for the office of state senator	75 registered voters; and
(D) for the office of state representative	25 registered voters.

(h) (1) In the year 1992, if new boundary lines are defined and dis-
tricts established in the manner prescribed by law for the offices of rep-
resentative in the United States congress, senator and representative in
the legislature of the state of Kansas, and member of the state board of
education, on or before June 12, 1992, the deadline for filing nomination
petitions and declarations of intention to become a candidate for such
office, accompanied by the fee required by law, shall be June 24, 1992.

(2) In the year 1992, if new boundary lines are defined and districts
established in the manner prescribed by law for the offices of represen-
tative in the United States congress, senator and representative in the
legislature of the state of Kansas, and member of the state board of ed-
ucation, on or after June 13, 1992, the deadline for filing nomination
petitions and declarations of intention to become a candidate for such
office, accompanied by the fee required by law, shall be July 14, 1992.

Sec. 3. On and after July 1, 1998, K.S.A. 43-158 is hereby amended
to read as follows: 43-158. The following persons shall be excused from
jury service: (a) Persons unable to read, write, and understand the English
language with a degree of proficiency sufficient to fill out respond to a
jury questionnaire form prepared by the commissioner;

(b) persons under adjudication of incompetency; and

(c) persons who within ten (10) 10 years immediately preceding have
been convicted of or pleaded guilty, or nolo contendere, to an indictment
or information charging a felony.

Sec. 4. On and after July 1, 1998, K.S.A. 43-161 is hereby amended
to read as follows: 43-161. Each jury commissioner may require any per-
son summoned for jury duty whose name has been selected for a jury list
prepared in accordance with the provisions of K.S.A. 43-162 and amend-
ments thereto to answer in writing such questions as he the commissioner
may address to such person, touching his relating to such person's name,
age, residence, occupation and qualifications as a juror, with a view to the
due and faithful jury service of such person; and also all such questions
as to involving similar matters touching relating to all persons in his
household living in such person's residence.

Any such person summoned for jury duty who shall fail or refuse whose
name has been selected for a jury list who fails or refuses to answer such
questions in writing, and signing his such person's name thereto, shall be
cited for contempt of court.

Any such person summoned for jury duty whose name has been selected
for a jury list who shall willfully or corruptly make makes false answers
to such questions put to him such person by the jury commissioner shall
be deemed to be guilty of a class A nonperson misdemeanor.

Sec. 5. K.S.A. 20-355 and 25-205 are hereby repealed.

Sec. 6. On and after July 1, 1998, K.S.A. 43-158 and 43-161 are
hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 18, 1998

Published in the Kansas Registers May 28, 1998

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