25-1436.
Grounds for contest.
Any contest of election to which K.S.A. 25-1435, and amendments thereto, applies shall be brought on any one or more of the following grounds:
(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.
Notes of Decisions
Cure v. Bd. of Hodgeman Cnty. Comm'rs, 952 P.2d 920 (Kan. 1998).
· cites it 4× “” The grounds for contest are set out in K.S.A. 25-1436. Contestants base their challenge on subsection (c), which provides in part: “Any contest of election to which K.”
Legislative Coordinating Council v. Stanley, 957 P.2d 379 (Kan. 1998).
· cites it 2× “See K.S.A. 25-1436. The contested election statutes specifically state that in a contest the parties shall be called the contestant and contestee, removing any doubt as to their status.”
Sawyer v. Chapman, 729 P.2d 1220 (Kan. 1986).
· cites it 6× “" This presents the question of whether challenging the constitutionality of voting by mail falls within the purview of the foregoing statutes.”
Lambeth v. Levens, 702 P.2d 320 (Kan. 1985).
· cites it 2× “25-1448 provides that where a contestant to an election prevails on the grounds stated in subsection (a), (b) or (e) of K.S.A. 25-1436, the court may order another election to be held within 30 days.”
Thomason v. Stout, 978 P.2d 918 (Kan. 1999).
· cites it 2× “K.S.A. 25-1436 provides in pertinent part: “Any contest of election to which K.”
— K.S.A. § 25-1436(a) — 1 case
Lambeth v. Levens, 702 P.2d 320 (Kan. 1985).
“25-1448 provides that where a contestant to an election prevails on the grounds stated in subsection (a), (b) or (e) of K.S.A. 25-1436, the court may order another election to be held within 30 days.”
— K.S.A. § 25-1436(b) — 1 case
Thomason v. Stout, 978 P.2d 918 (Kan. 1999).
“K.S.A. 25-1436 provides in pertinent part: “Any contest of election to which K.”
— K.S.A. § 25-1436(c) — 1 case
Sawyer v. Chapman, 729 P.2d 1220 (Kan. 1986).
“" This presents the question of whether challenging the constitutionality of voting by mail falls within the purview of the foregoing statutes.”
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