K.S.A. » Chapter 25
Kansas Statutes Annotated

K.S.A. § 25-4328 (2026)

Same; election; form of ballot; vacancy in office

✓ current as of May 2026
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25-4328. Same; election; form of ballot; vacancy in office. If the county election officer of the county where petitions are required to be filed determines the petition is properly filed and if the office is not vacant, such election officer shall prepare the ballots and shall call a special election to be held on a date not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed. If a vacancy occurs in the office held by the local officer sought to be recalled at any time after the date that notification is given that the petition therefor was properly filed, the county election officer, if such officer determines that unnecessary election expenses may be avoided thereby, may cancel such special election. The county election officer shall immediately notify the recall committee and any other county election officer involved of such vacancy and determination and take such other action as may be necessary to withdraw such proposition from submission to election. If a primary or general election is to be held not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election. If an election at which all or some of the residents of the district are entitled to vote, is to be held more than 90 days but not more than 120 days after the date notification is given that the petition was properly filed, the recall election may be held on the date of such election. The ballot shall be designed with the question of whether the local officer shall be recalled, placed on the ballot in the following manner: "Shall (name of official) be recalled from the office of ______________?" Provision shall be made for marking the question "Yes" or "No." Except as otherwise specifically provided by this act, laws applicable to question submitted elections shall apply to elections held under this section.

History: L. 1976, ch. 178, § 28; L. 1984, ch. 146, § 1; L. 1992, ch. 1, § 1; February 13.


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Notes of Decisions
Cited in 2 cases, 1987–1997 · leading case: Unger v. Horn, 732 P.2d 1275 (Kan. 1987).
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Unger v. Horn, 732 P.2d 1275 (Kan. 1987). · cites it 4× “K.S.A. 25-4328. The elected official sought to be recalled may file with the election officer a statement of not more than 200 words justifying his conduct in office.”
Eveleigh v. Conness, 933 P.2d 675 (Kan. 1997). “At this point, a recall election is normally scheduled in accord with K.S.A. 25-4328 through K.S.A. 25-4330. However, any aggrieved person is given 30 days to file an action to have the determination of the county election officer or county attorney reviewed in the district…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.