25-4320.
Petitions for recall of local officers; petition; contents; circulation; form; sample from election officer on request; affidavit.
(a) Each petition for recall of a local officer shall include: (1) The name and office of the local officer sought to be recalled; (2) the grounds for recall described in particular in not more than 200 words; (3) a statement that the petition signers are registered electors of the election district of the local officer sought to be recalled; (4) the names and addresses of three registered electors of the election district of the officer sought to be recalled who shall comprise the recall committee; (5) the statement of warning required in K.S.A. 25-4321, and amendments thereto; and (6) a statement that a list of all petition circulators, as defined in K.S.A. 25-3608, and amendments thereto, authorized to circulate recall petitions for such recall may be examined in the office of the county election officer where the petition is required to be filed.
(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.
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Name of Signer
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Street Number or RR
(as Registered)
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Name of City
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Date of Signing
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NOTE:
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1.
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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.
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2.
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The following comprise the recall committee:
(names and resident addresses)
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3.
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A list of all petition cirulators, as defined in K.S.A. 25-3608, and amendments thereto, authorized to circulate petitions for this recall may be examined in the office of the ____________ County election officer.
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(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; L. 2014, ch. 98, § 8; May 15.
Notes of Decisions
Cited in
8
cases, 1980–2002 · leading case:
Unger v. Horn, 732 P.2d 1275 (Kan. 1987).
Unger v. Horn, 732 P.2d 1275 (Kan. 1987).
· cites it 6× “K.S.A. 25-4320 states what must be included in the petition, reproduced in part as follows: "(a) Each petition for recall of a local officer shall include (1) the name and office of the local officer sought to be recalled, (2) the grounds for recall described in particular in…”
Cline v. Meis, 905 P.2d 1072 (Kan. Ct. App. 1995).
· cites it 5× “25-4310, K.S.A. 25-4320, and K.A.R. 7-28-1. K.S.A.”
Cline v. Tittel, 891 P.2d 1137 (Kan. Ct. App. 1995).
· cites it 3× “” K.S.A. 25-4320 lists several requirements recall petitions must satisfy: “(a) Each petition for recall of a local officer shall include: (1) The name and office of the local officer sought to be recalled; (2) the grounds for recall described in particular in not more than 200…”
Eveleigh v. Conness, 933 P.2d 675 (Kan. 1997).
· cites it 2× “” K.S.A. 25-4320. After filing has been completed, the county election officer determines the sufficiency of the recall petition, K.”
Randall v. Seemann, 613 P.2d 1376 (Kan. 1980).
“Whether stated in sufficient particularity to comply with K.S.A. 1979 Supp. 25-4320(a). B. Sufficiency as to number of registered voters signing the petitions.”
Richards v. Schmidt, 56 P.3d 274 (Kan. 2002).
“*756 K.S.A. 25-4320 establishes the requirements for what must be contained in a recall petition.”
Reynolds v. Figge, 19 P.3d 193 (Kan. Ct. App. 2001).
· cites it 10× “For example, the attorney general addressed the procedure for recall of a commissioner when the boundaries of the commissioner’s district had been altered after the election of the commissioner.”
Baker v. Gibson, 913 P.2d 1218 (Kan. Ct. App. 1995).
“In addition to the requirements of K.S.A. 25-4320, the petition must contain the names and addresses of the recall committee and sponsors and must be properly subscribed by the members of the committee prior to circulation for signatures.”
— K.S.A. § 25-4320(a) — 2 cases
Randall v. Seemann, 613 P.2d 1376 (Kan. 1980).
“Whether stated in sufficient particularity to comply with K.S.A. 1979 Supp. 25-4320(a). B. Sufficiency as to number of registered voters signing the petitions.”
Reynolds v. Figge, 19 P.3d 193 (Kan. Ct. App. 2001).
“For example, the attorney general addressed the procedure for recall of a commissioner when the boundaries of the commissioner’s district had been altered after the election of the commissioner.”
— K.S.A. § 25-4320(a)(2) — 2 cases
Unger v. Horn, 732 P.2d 1275 (Kan. 1987).
“K.S.A. 25-4320 states what must be included in the petition, reproduced in part as follows: "(a) Each petition for recall of a local officer shall include (1) the name and office of the local officer sought to be recalled, (2) the grounds for recall described in particular in…”
Cline v. Tittel, 891 P.2d 1137 (Kan. Ct. App. 1995).
“” K.S.A. 25-4320 lists several requirements recall petitions must satisfy: “(a) Each petition for recall of a local officer shall include: (1) The name and office of the local officer sought to be recalled; (2) the grounds for recall described in particular in not more than 200…”
— K.S.A. § 25-4320(a)(3) — 1 case
Reynolds v. Figge, 19 P.3d 193 (Kan. Ct. App. 2001).
“For example, the attorney general addressed the procedure for recall of a commissioner when the boundaries of the commissioner’s district had been altered after the election of the commissioner.”
— K.S.A. § 25-4320(a)(5) — 1 case
Reynolds v. Figge, 19 P.3d 193 (Kan. Ct. App. 2001).
“For example, the attorney general addressed the procedure for recall of a commissioner when the boundaries of the commissioner’s district had been altered after the election of the commissioner.”
— K.S.A. § 25-4320(b) — 2 cases
Cline v. Meis, 905 P.2d 1072 (Kan. Ct. App. 1995).
“25-4310, K.S.A. 25-4320, and K.A.R. 7-28-1. K.S.A.”
Reynolds v. Figge, 19 P.3d 193 (Kan. Ct. App. 2001).
“For example, the attorney general addressed the procedure for recall of a commissioner when the boundaries of the commissioner’s district had been altered after the election of the commissioner.”
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