Printable Format25-308. Nominations; validity; filing; objections; proceeding to compel or restrain election officers. (a) Any certificate of nomination, nomination petitions or declaration of intention to become a candidate, filed or issued in apparent conformity with law, shall be deemed to be valid unless:
(1) An objection is made in writing within three days from the date the certificate, petitions or declaration is filed with or issued by the proper officers; or
(2) in the case of certificates of nomination, nomination petitions and declarations of intention to become a candidate, the secretary of state or the county election officer finds them to be invalid pursuant to K.S.A. 25-208a, and amendments thereto.
(b) If the secretary of state or the county election officer finds any certificates of nomination, nomination petitions or declaration of intention to become a candidate to be invalid pursuant to K.S.A. 25-208a, and amendments thereto, the candidate on whose behalf the certificates, petitions or declaration was filed may make objection to such finding in writing within three days of receipt by the candidate of notice of such finding.
(c) In the case of nominations of national and state officers, objections shall be filed with the secretary of state and shall be considered by the lieutenant governor, secretary of state and attorney general, or such officer's designee, and a decision of a majority of these officers, or such officers' designees, shall be final. In the case of nominations for county, township, city and school officers, objections shall be filed with the county election officer and shall be considered by the county election officer, county attorney or district attorney and an elected official of the county whose position is not involved in the controversy, who shall be designated by the county election officer. The decision of a majority of these officers shall be final.
(d) In any case where objection is made, notice shall be given immediately, by the officer with whom the objections are filed, to the other officers required to determine the matter and to the candidates affected by such objection, addressed in the case of candidates to their places of residence as given in the nomination petitions, declaration of intention to become a candidate or certificate of nomination. The notice shall state the time when the objection will be considered. Such time shall not be more than five days following the giving of such notice in the case of nomination of a national or state officer and not be more than three days following the giving of such notice in the case of nomination of a county, township, city or school officer, and the place where such objections will be considered.
(e) The causes for objection under this section as to any office may be any of those causes listed in K.S.A. 25-1436, and amendments thereto. The officers determining any objections under this section may assess any costs arising from such determination to either the objector or objectee in accordance with the determination made. Such costs shall be paid to the secretary of state or the county election officer, as the case may be, and deposited in the treasury of the state or county to the credit of its general fund. If such costs are not paid within 10 days after being fixed, the secretary of state or county election officer shall make a certificate of the facts and file it with the clerk of the district court in the county where the person resides who must pay such costs. Such clerk of the district court shall collect such costs as in cases of collection of court costs, and when collected such costs shall be disposed of as are court costs in such district court.
(f) All mandamus proceedings to compel an officer to certify and place upon the ballot any name or names, and all injunction proceedings to restrain an officer from certifying and placing upon the ballot any name or names, must be commenced not less than 60 days before the election.
History: L. 1893, ch. 78, § 10; L. 1897, ch. 129, § 10; R.S. 1923, 25-308; L. 1968, ch. 406, § 94; L. 1970, ch. 136, § 1; L. 1973, ch. 153, § 27; L. 1978, ch. 135, § 3; L. 1978, ch. 138, § 20; L. 1989, ch. 107, § 3; L. 1990, ch. 121, § 2; L. 1997, ch. 124, § 11; L. 2001, ch. 39, § 1; L. 2023, ch. 79, § 21; July 1.
Revisor's Note:
Section was amended twice in 1989 session, see also 25-308a.
Attorney General's Opinions:
City elections; candidate for office elected at large; filing of petition or statement of candidacy. 85-19.
Voter registration; application form; alteration by applicant. 95-27.
Partisan election of members of city council; acceptance of more than one nomination to same office; name only once on ballot. 97-20.
Election of members of boards of education under voting plan-B; validity of nomination petition. 1999-15.
Primary elections; persons qualified to file objections. 1999-23.
CASE ANNOTATIONS
1. Act construed and applied prior to amendment of 1897. Simpson v. Osborn, 52 Kan. 328, 330, 34 P. 747.
2. Tribunal cannot decide which party faction shall dominate. Sims v. Daniels, 57 Kan. 552, 46 P. 952. Overruled: Miller v. Clark, 62 Kan. 278, 279, 62 P. 664.
3. Finality of decision of tribunal considered. Miller v. Clark, 62 Kan. 278, 282, 62 P. 664; Allen v. Burrow, 69 Kan. 812, 77 P. 555.
4. Nomination for state senator or representative is contestable before tribunal; time for filing objections stated. Griffin v. Gesner, 78 Kan. 669, 97 P. 794.
5. Judgment of statutory tribunal is final. Hay v. Keeshan, 83 Kan. 438, 111 P. 436.
6. Statutory remedy excludes contest by means of mandamus. Thompson v. Pettijohn, 107 Kan. 548, 550, 192 P. 749.
7. Authority and procedure of tribunal stated. Thompson v. Pettijohn, 107 Kan. 561, 193 P. 345.
8. Objection to nomination of candidate must be timely made. State, ex rel., v. Penner, 124 Kan. 285, 286, 259 P. 785.
9. Authority not limited to consideration of petitions, extends to all pertinent questions. Hanson v. Cornell, 136 Kan. 172, 173, 12 P.2d 802.
10. Secretary of state is without authority to file nomination papers tendered late. Parsons v. Ryan, 144 Kan. 370, 373, 374, 60 P.2d 910.
11. Discussed and construed; suit to enjoin certificate of nomination proper. Coates v. Camp, 161 Kan. 732, 738, 739, 173 P.2d 266.
12. Mandamus proper to determine constitutionality of statute under which candidate declared ineligible. Miller v. Jackson, 166 Kan. 141, 142, 199 P.2d 513.
13. Twenty-day limitation inapplicable to mandamus action brought by the state. State v. Tipton, 166 Kan. 145, 150, 151, 199 P.2d 463.
14. Original mandamus proceeding hereunder finding the use of "M.D." on ballot improper; writ barred by laches. Douville v. Docking, 210 Kan. 285, 287, 501 P.2d 778.
15. 1978 amendment did not violate Article 2, § 16 of the Kansas constitution; dismissal of action proper. Hiett v. Brier, 2 Kan. App. 2d 610, 611, 612, 613, 614, 615, 616, 618, 586 P.2d 55.