25-1452.
Costs of contests of elections.
If the election be confirmed or the contest be dismissed, judgment shall be rendered against the contestant for all costs. No costs shall be rendered against the contestee unless found responsible for any of the provisions in (a) through (f) of K.S.A. 25-1436. The court, in the interests of justice may waive any costs assessed pursuant to this section in which case the costs shall be paid by the state from any appropriations therefor. Payment by the state shall be made by the director of accounts and reports upon voucher therefor approved by the clerk of the district court.
History:
L. 1978, ch. 138, § 19; July 1.
Notes of Decisions
Legislative Coordinating Council v. Stanley, 957 P.2d 379 (Kan. 1998).
· cites it 39× “Jones filed suit contesting the elections and on January 6,1995, the Cowley County District Court determined the election to be a tie vote and under K.S.A. 25-1452 waived the costs of the contest and held, in part: ‘3.”
Legislative Coordinating Council v. Frahm, 936 P.2d 267 (Kan. 1997).
· cites it 4× “Jones filed suit contesting the elections and on January 6,1995, the Cowley County District Court determined the election to be a tie vote and under K.S.A. 25-1452 waived the costs of the contest and held, in part: ‘3.”
Hershaw v. Farm & City Ins., 87 P.3d 360 (Kan. Ct. App. 2004).
“The court in Stanley specifically found that the use of the term “all costs” in K.S.A. 25-1452 does not include attorney fees.”
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