25-2020. Candidate for election; petition; declaration; filing fee; nomination petitions. (a) When a district method of election is in effect in any school district, a person may become a candidate for election to board member by any one of the following methods:
(1) Any person who is an elector in any member district may petition to be a candidate for board member from the member district in which such person resides. Any such person shall file with the county election officer, a petition for such candidacy signed by not less than 50 electors residing in such member district or by a number of such electors equal to not less than 10% of the electors residing in such member district, whichever is less.
(2) Any person who is an elector in any school district may petition to be a candidate for board member at-large from the school district in which such person resides. Any such person shall file with the county election officer, a petition for such candidacy signed by not less than 50 electors residing in such school district.
(3) Any person who is an elector in any member district may become a candidate for board member from the member district in which such person resides by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $20. Such declaration shall be prescribed by the secretary of state.
(4) Any person who is an elector in any school district may become a candidate for board member at-large from the school district in which such person resides by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $20. Such declaration shall be prescribed by the secretary of state.
(5) Any such petition or declaration shall specify the member position for which the person is a candidate.
(b) When the election at large method is in effect in any school district, a person may become a candidate for election to board member by either one of the following methods:
(1) Any person who is an elector of the school district may petition to be a candidate for board member. Any such person shall file with the county election officer a petition for such candidacy signed by not less than 50 electors residing in the school district.
(2) Any person who is an elector in the unified school district may become a candidate for board member by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $20. Such declaration shall be prescribed by the secretary of state.
(3) Any such petition or declaration which is for an unexpired term of a member shall so specify.
(c) Any such petition or declaration of intent must be filed before the filing deadline as prescribed in K.S.A. 25-205, and amendments thereto. No candidate shall be permitted to withdraw from candidacy after the filing deadline.
(d) Within three days from the date of the filing of a nomination petition or a declaration of intention to become a candidate for board member, the county election officer shall determine the validity of such petition or declaration.
(e) If a nomination petition or declaration is found to be invalid, the county election officer shall notify the candidate on whose behalf the petition or declaration was filed that such nomination petition or declaration has been found to be invalid and the reason for the finding. Such candidate may make objection to the finding of invalidity by the county election officer in accordance with K.S.A. 25-308, and amendments thereto.
History: L. 1968, ch. 59, § 23; L. 1976, ch. 185, § 2; L. 1978, ch. 138, § 21; L. 1989, ch. 106, § 8; L. 2002, ch. 146, § 1; L. 2015, ch. 88, § 46; July 1.
Cross References to Related Sections:
Transfer of school territory, effect on qualifications of candidates, see 72-525.
Attorney General's Opinions:
School district elections—candidates. 89-21.
Voter registration; application form; alteration by applicant. 95-27.
Recall of members of board of unified school district; change of district boundaries since election; which electors qualified to sign petition; number of signatures required. 97-28.
Election of members of boards of education under voting plan-B; validity of nomination petition. 1999-15.
CASE ANNOTATIONS
1. Mentioned in action arising from election contest; nonresidency of person elected not an irregularity subject to correction pursuant to K.S.A. 25-702(a). In re Election of Massey, 227 K. 155, 156, 605 P.2d 147.
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06/05/2023
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