25-4331.
Same; action to have determinations relating to recall reviewed.
Any person aggrieved by a determination made by the county election officer or county attorney of the county where petitions are required to be filed may bring an action to have the determination reviewed within thirty (30) days of the date on which notice of determination was given by action in the district court of such county.
History:
L. 1976, ch. 178, § 31; April 14.
Notes of Decisions
Cited in
8
cases, 1987–2013 · leading case:
Unger v. Horn, 732 P.2d 1275 (Kan. 1987).
Unger v. Horn, 732 P.2d 1275 (Kan. 1987).
· cites it 10× “K.S.A. 25-4331. The district court upheld the decision of the county election officer.”
Eveleigh v. Conness, 933 P.2d 675 (Kan. 1997).
· cites it 2× “25-4318 through K.S.A. 25-4331. The recall of a local officer is begun by filing a petition with the county election officer of the county in which all or the greater part of the population of the election district of the local officer is located.”
Cline v. Tittel, 891 P.2d 1137 (Kan. Ct. App. 1995).
· cites it 2× “Pursuant to K.S.A. 25-4331, the Committee then petitioned the district court for review of Tittel’s decision.”
Baker v. Gibson, 913 P.2d 1218 (Kan. Ct. App. 1995).
· cites it 8× “The Committee first contends the district court erred under the grant of review stated in K.S.A. 25-4331 by reviewing the sufficiency of the recall petition before the actual signatures were secured.”
Richards v. Schmidt, 56 P.3d 274 (Kan. 2002).
“Richards filed the present action, as is permitted by K.S.A. 25-4331. Both parties requested summary judgment.”
Collins v. Hoeme, 189 P.3d 566 (Kan. Ct. App. 2008).
· cites it 3× “K.S.A. 25-4331 provides: “Any person aggrieved by a determination made by the county election officer or county attorney of the county where petitions are required to be filed may bring an action to have the determination reviewed within thirty (30) days of the date on which…”
Reynolds v. Figge, 19 P.3d 193 (Kan. Ct. App. 2001).
“25-4326) and by the judiciary (K.S.A. 25-4331). It would serve little purpose for an official subject to recall to obtain a determination that one or more of the grounds for recall is insufficient but yet allow those legally insufficient grounds to be posted at the polling…”
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