Printable Format19-1602. Election for relocation of county seat, when; petition; registration. That in all cases where the county seat of any county in this state has been, or shall hereafter be located by a vote of the electors of such county, or where county buildings have been erected, donated, or purchased at the county seat, the cost of which shall have been at least two thousand dollars ($2,000) the board of county commissioners upon the petition of three-fifths of the legal electors of such county, shall order an election for the relocation of the county seat: Provided, That in all counties having a population of more than two thousand people, in which building shall have been erected at any such county seat for county purposes, the cost of which shall have been at least ten thousand dollars ($10,000), or in which the county seat has been located for eight years or more consecutively at any one place by vote of the electors of such county, it shall require a vote of three-fifths of the legal electors of such county to relocate the county seat and to remove it from such place, and the board of county commissioners shall only upon the petition of two-thirds of the legal electors of such county order an election for the relocation of any such county seat: Provided further, That in counties of the state having a population of more than 3,850 and less than 5,000 and having an assessed valuation of tangible property of not more than $7,000,000, the board of county commissioners shall upon the petition of fifty-one percent of the legal electors of such county order an election for the relocation of the county seat of such county and it shall require fifty-five percent of the voters at such election to relocate the county seat: Provided further, That in any county having a population of not less than three thousand nor more than thirty-four hundred and fifty people, according to the last preceding census taken by the several assessors of said county, the board of county commissioners shall, upon the petition of one-half of the legal electors of such county, order an election for the relocation of the county seat of any such county, and it shall require a majority of three-fifths of the votes of legal electors cast at such election to relocate the county seat thereof, and to move it from such place: And provided further, That when the county seat of any county has been located by a vote of the electors of the county, the place to which it is proposed to remove the county seat shall be designated in the petition and the balloting at the election shall be for or against a removal of the county seat to the place so designated, and no election for the relocation of any county seat shall be ordered or had within five years from the last preceding legal election touching the location or relocation of any such county seat: Provided, That in counties having a population of less than two thousand an election may be called at any time after two years from the last preceding legal election, but no preceding nor pretended election for the relocation of any county seat had or held since the taking effect of K.S.A. 19-1613 to 19-1629, inclusive, shall be deemed or held to have been an election within the meaning of this act unless registration was had as required by the terms of said K.S.A. 19-1613 to 19-1629, inclusive.
History: L. 1920, ch. 25, § 1; R.S. 1923, 19-1602; L. 1925, ch. 134, § 1; L. 1937, ch. 184, § 1; March 25.
Source or Prior Law:
G.S. 1868, ch. 26, § 2; L. 1879, ch. 94, § 1; L. 1883, ch. 91, § 1; L. 1919, ch. 161, § 1.
CASE ANNOTATIONS
1. Number of petitioners required. The State, ex rel., v. Comm'rs of Butler County, 31 Kan. 460, 2 P. 562; The State, ex rel., v. Eggleston, 34 Kan. 714, 10 P. 3; The State, ex rel., v. Stock, 38 Kan. 154, 16 P. 106; The State, ex rel., v. Comm'rs of Rawlins Co., 44 Kan. 528, 24 P. 955.
2. Commissioners cannot remove county seat or offices without popular vote. The State, ex rel., v. Harwi, County Clerk, 36 Kan. 588, 14 P. 158.
3. Reading of petition required before signing it; estoppel. Eggleston v. The State, ex rel., 37 Kan. 426, 15 P. 608.
4. Cited in determining number of votes required to relocate county seat. Patrick v. Johnson, 90 Kan. 140, 144, 147, 133 P. 161.
5. When injunction lies to enjoin removal of county seat. Patrick v. Haskell County, 105 Kan. 153, 181 P. 611.
6. Legislative proceedings in enactment of statute considered. Patrick v. Haskell County, 108 Kan. 141, 193 P. 1061.
7. Classification of counties for relocation of county seats is not unconstitutional. State, ex rel., v. Russell, 119 Kan. 266, 237 P. 877.
8. Petition for election for removal of county seat considered and held sufficient. State v. Morton County Comm'rs, 121 Kan. 191, 246 P. 504.
9. Courts will not enjoin the calling and holding of an election. Dunn v. Morton County Comm'rs, 162 Kan. 449, 451, 177 P.2d 207.
10. Act discussed, construed, applied; "legal electors" defined; legal sufficiency of vote. Dunn v. Board of County Comm'rs of Morton County, 165 Kan. 314, 317, 318, 323, 324, 194 P.2d 924.
11. Statutes construed; vote considered and applicable provisions of this section held satisfied; county seat relocated. State, ex rel., v. Board of County Commissioners, 188 Kan. 318, 320, 321, 362 P.2d 81.
12. Election hereunder; action to enjoin removal of county officers; order denying motion for judgment on pleadings not appealable. Wycoff v. Board of County Commissioners, 189 Kan. 557, 558, 370 P.2d 138.
13. Various objections to election procedure and determination of result considered and election held valid; statute construed and applied. Wycoff v. Board of County Commissioners, 191 Kan. 658, 659, 660, 383 P.2d 520.