25-702. Plurality of votes to govern election of certain officers. (a) In all elections for the choice of any officer, except the offices of governor and lieutenant governor, unless it is otherwise expressly provided, the person having the highest number of votes for any office shall be deemed to have been elected to that office; and whenever it shall satisfactorily appear that any person has received the highest number of votes for any office, such person shall receive the certificate of election, notwithstanding the provisions of law may not have been fully complied with in noticing and conducting the election, so that the real will of the people may not be defeated by any technical irregularity of any officer.
(b) In all elections for the choice of governor and lieutenant governor, the pair of candidates having the highest number of votes shall be deemed to have been elected. Whenever it shall satisfactorily appear that any pair of candidates has received the highest number of votes for governor and lieutenant governor, such candidates shall receive certificates of election, notwithstanding the provisions of law may not have been fully complied with in noticing and conducting the election, so that the real will of the people may not be defeated by any technical irregularity of any officer.
History: G.S. 1868, ch. 36, § 29; R.S. 1923, 25-702; L. 1973, ch. 153, § 22; L. 1987, ch. 126, § 2; July 1.
Source or prior law:
L. 1861, ch. 28, § 28.
Attorney General's Opinions:
School district election candidates; member district; residence; change of election method. 95-62.
Notice requirements for special bond election. 2003-22.
CASE ANNOTATIONS
1. Result of ballot expresses election of candidate: formal declaration unnecessary. Lathen v. Campbell, 7 Kan. App. 388, 390, 51 P. 931.
2. Election not affected by irregularities; good faith of judges shown. Morris v. Vanlaningham, 11 Kan. 269, 279.
3. Election fairly conducted; mistake of officers cannot disfranchise electors. Wildman v. Anderson, 17 Kan. 344, 349.
4. Quo warranto proceedings to depose wrongful holder. Searle v. Clark, 34 Kan. 49, 7 P. 630.
5. Final result obtained from all of the genuine poll books. Patten v. Florence, County Clerk, 38 Kan. 501, 505, 17 P. 174.
6. In absence of fraud ballot not invalidated by erroneous printing. Short v. Davis, 90 Kan. 147, 152, 132 P. 1172.
7. Section cited in considering validity of ballots. Wall v. Pierpont, 119 Kan. 420, 421, 240 P. 251.
8. Section held inapplicable where ballots distributed to precincts in county but outside of city of Topeka did not contain names of candidates for marshal of court of Topeka; election void; all legal electors of county entitled to vote. Stawitz v. Nelson, 188 Kan. 430, 435, 436, 362 P.2d 629.
9. Subsection (a) construed; nonresidency of person elected not an irregularity subject to correction hereunder. In re Election of Massey, 227 Kan. 155, 157, 159, 605 P.2d 147.
|
|