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25-202. Methods of nomination of candidates; limitation on filing for office; exceptions to application of article. (a) Except as otherwise provided in subsection (b) all candidates for national, state, county and township offices shall be nominated by: (1) A primary election held in accordance with article 2 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto; or (2) independent nomination petitions signed and filed as provided by existing statutes.

(b) Candidates for any of such offices who are members of any political party whose candidate for governor did not poll at least 5% of the total vote cast for all candidates for governor in the preceding general election shall not be entitled to nomination by primary election but shall be nominated by a delegate or mass convention according to article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto.

(c) No candidate for any national, state, county or township office shall file for office as a partisan candidate in a primary election and also file for office as an independent candidate for any national, state, county or township office in the general election immediately following.

(d) The provisions of article 2 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, shall not apply to the justices of the supreme court or to judges of the district court in judicial districts which have approved the proposition of nonpartisan selection of district court judges, as provided in K.S.A. 20-2901, and amendments thereto, nor to special elections to fill vacancies.

History: R.S. 1923, 25-202; L. 1953, ch. 195, § 1; L. 1955, ch. 203, § 1; L. 1968, ch. 406, § 66; L. 1974, ch. 137, § 17; L. 1984, ch. 137, § 1; L. 1989, ch. 106, § 2; July 1.

Source or prior law:

L. 1908, ch. 54, § 2.

Attorney General's Opinions:

Independent nominations; requirements; party affiliations; party candidacy; petitions. 92-81.

Filling vacancy in office of United States senator; filing deadlines; authority of governor and legislature. 96-56.

County hospital board; terms of office, election thereto; involvement of county commissioners. 2000-28.

CASE ANNOTATIONS

1. Effect of L. 1909, ch. 82, considered. The State v. Harsha, 80 Kan. 72, 73, 101 P. 454; Martin v. Harsha, 80 Kan. 76, 101 P. 456.

2. No candidate elected at primary; party committee has no authority to fill vacancy occurring after primary. Hamilton v. Raub, 131 Kan. 392, 394, 292 P. 396.

3. Certificates of nomination for presidential electors and party nominations must be filed before noon, June 20. Parsons v. Ryan, 144 Kan. 370, 373, 60 P.2d 910.

4. New party candidates for presidential electors must comply with K.S.A. 25-205; statutes reviewed. Wiggans v. Ryan, 152 Kan. 629, 631, 633, 634, 106 P.2d 711.

5. State may require nominating petitions to be filed 91 days in advance of general election. Dr. John Hagelin for President Committee v. Graves, 804 F. Supp. 1377, 1382 (1992).


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