25-605. Ballot form for constitutional amendments. When a constitutional amendment is to be submitted to the voters of the state, a separate ballot may be provided by the county election officers or the proposition may be combined with the official general ballot provided for in K.S.A. 25-601, and amendments thereto. If such propositions are printed on a separate ballot, such ballot shall comply with the requirements for ballots for election of officers insofar as such requirements are applicable. The secretary of state shall prescribe the ballot format but a ballot shall include the information required by this section and be substantially in the form specified in this section. The statement expressing the intent or purpose of the proposition and the effect of a vote for and a vote against the proposition, followed by the words "Shall the following be adopted?" shall be printed on the ballot immediately preceding the full text of the proposed constitutional amendment. If there is more than one constitutional amendment to be voted upon, the different amendments shall be separately numbered and printed, and be separated by a broad solid line ⅛th inch wide or by double lines approximately ⅛th inch apart.
Opposite and after each amendment, submitted shall be printed two squares, one above the other. To the right of the upper one of the squares shall be printed the word "Yes," and to the right of the lower one of the squares shall be printed the word "No." Across the entire width of the ballot, preceding such proposition or propositions, shall be printed the following instructions: "To vote in favor of any question submitted upon this ballot, make a cross or check mark in the square to the left of the word 'Yes'; to vote against it, make a cross or check mark in the square to the left of the word 'No'." On the back of each ballot shall be printed, in addition to other required matters, the words "questions submitted." If such propositions are printed on a separate ballot, county election officers may cause to be printed on the outside of such ballots "Ballot No._______" with the blank filled with a number to aid in distinguishing such ballots when more than one question submitted ballot is voted upon at a voting place.
History: L. 1893, ch. 78, § 16; L. 1897, ch. 129, § 16; L. 1901, ch. 177, § 7; R.S. 1923, 25-605; L. 1968, ch. 406, § 108; L. 1971, ch. 126, § 1; L. 1972, ch. 133, § 1; L. 1978, ch. 137, § 2; L. 1979, ch. 109, § 1; L. 1981, ch. 166, § 2; L. 1992, ch. 291, § 2; L. 1993, ch. 68, § 1; July 1.
Cross References to Related Sections:
Propositions for amendment of constitution, see Kansas Constitution, article 14, § 1.
Ballot form for propositions other than constitutional amendments, see 25-620.
CASE ANNOTATIONS
1. Ballot containing propositions "to purchase" or "to erect" waterworks void. Leavenworth v. Wilson, 69 Kan. 74, 76, 76 P. 400. Questioned: State, ex rel., v. McCombs, 129 Kan. 834, 284 P. 618.
2. Voting bonds for rural high school; section does not apply. Stanhope v. Rural High-school District, 110 Kan. 739, 743, 205 P. 648.
3. Instructions should be printed across top of ballot. Thomas v. Covell, 119 Kan. 684, 240 P. 574.
4. Section cited in considering legality of bond election. Pittsburg Board of Education v. Davis, 120 Kan. 768, 770, 245 P. 112.
5. Proposition for municipal light plant equivocally stated vitiates the election. Kansas Electric Power Co. v. City of Eureka, 142 Kan. 117, 122, 45 P.2d 877.
6. School bond election; notice misleading; proposition misstated on ballot; election vitiated. Board of Education v. Powers, 142 Kan. 664, 669, 51 P.2d 421.
7. Dual proposition in bond election; issuance of bonds enjoined. Kansas Utilities Co. v. City of Paola, 148 Kan. 267, 270, 271, 80 P.2d 1084.
8. Bond ballot held not to present dual question and not indefinite. Drenning v. City of Topeka, 148 Kan. 366, 373, 374, 81 P.2d 720.
9. Municipal bond ballot not in conformity with statute held sufficient. Jaeger v. City of Hillsboro, 164 Kan. 533, 538, 190 P.2d 420.
10. Election ballot to organize rural high-school district not assumed in noncompliance herewith. State, ex rel., v. Miami County Comm'rs, 168 Kan. 723, 737, 215 P.2d 631.
11. Proposed constitutional amendment must be printed in full on ballot. State, ex rel., v. Shanahan, 183 Kan. 464, 466, 327 P.2d 1042.
12. Election proposition on school bonds did not sufficiently inform electorate as to use of bond proceeds. Unified School District v. Hedrick, 203 Kan. 478, 483, 454 P.2d 536.
13. School bond election upheld; proposition on ballot corresponded verbatim with notice. West v. Unified School District, 204 Kan. 29, 33, 460 P.2d 103.
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