25-4326.
Same; petition; determination of sufficiency; when improperly filed.
The county election officer of the county where petitions are required to be filed, with the assistance and cooperation of each other county election officer involved, shall determine the sufficiency of each petition for recall of a local officer. Within thirty (30) days of the date of filing, such county election officer shall review the petition and shall notify the recall committee and the local officer sought to be recalled whether the petition was properly or improperly filed. Such county election officer shall notify the recall committee that the petition was improperly filed if he or she determines that (a) there is an insufficient number of subscribing qualified registered electors, (b) the petition was filed within less than one hundred and eighty (180) days of the termination of the term of office of the local officer sought to be recalled, (c) the local officer sought to be recalled has been or is being subjected to another recall election during his or her current term of office, (d) petitions for the recall of other local officers serving on the same governing body have been properly filed and elections thereon have not been held and the number of such local officers equals a majority of the members of the governing body minus one or (e) the petition does not conform to any other requirement of this act.
History:
L. 1976, ch. 178, § 26; L. 1978, ch. 147, § 9; April 25.
Notes of Decisions
Cited in
7
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 8× “K.S.A. 25-4326. If the petition is determined to be sufficient, the county election officer, after notifying the election board and the official sought to be recalled that the petition was properly filed, prepares the ballots and calls a special election.”
Randall v. Seemann, 613 P.2d 1376 (Kan. 1980).
· cites it 2× “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.”
Eveleigh v. Conness, 933 P.2d 675 (Kan. 1997).
· cites it 2× “After filing has been completed, the county election officer determines the sufficiency of the recall petition, K.S.A. 25-4326, and the county attorney determines that the grounds contained in the recall petition are sufficient.”
Cline v. Tittel, 891 P.2d 1137 (Kan. Ct. App. 1995).
· cites it 2× “) K.S.A. 25-4326. The Committee argues that the 1987 amendment merely placed the duty of verifying whether the grounds alleged in a particular petition are grounds set forth in K.”
Richards v. Schmidt, 56 P.3d 274 (Kan. 2002).
“) K.S.A. 25-4326 next requires the county election officer to determine the sufficiency of each petition within 30 days of its filing and notify the recall committee if he or she determines that “there is an insufficient number of subscribing qualified registered electors.”
Baker v. Gibson, 913 P.2d 1218 (Kan. Ct. App. 1995).
· cites it 4× “K.S.A. 25-4326. Notice on all recall matters must be effectuated pursuant to the provisions of K.”
Reynolds v. Figge, 19 P.3d 193 (Kan. Ct. App. 2001).
“This is evidenced by statutes allowing for review of a recall petition by the county election officer (K.S.A. 25-4326) and by the judiciary (K.S.”
— K.S.A. § 25-4326(e) — 1 case
Cline v. Tittel, 891 P.2d 1137 (Kan. Ct. App. 1995).
“) K.S.A. 25-4326. The Committee argues that the 1987 amendment merely placed the duty of verifying whether the grounds alleged in a particular petition are grounds set forth in K.”
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