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25-4318. Recall of local officers; petition, filing. The recall of a local officer is proposed by filing a petition with the county election officer of the county in which all or the greater part of the population of the election district of the local officer is located, if not a school district, or the home county of the school district, if the election district of the local officer is a school district. The recall of a county election officer (if elected) is proposed by filing a petition with the county attorney of his or her county who shall perform the duties imposed on the county election officer in the recall of other local officers.

History: L. 1976, ch. 178, ยง 18; April 14.

Law Review and Bar Journal References:

"Recall of Local Elected Officials in Kansas," Rich Smith and Theresa Nuckolls, 70 J.K.B.A. No. 8, 18 (2001).

Attorney General's Opinions:

Grounds for recall of elected officials; sufficiency; petition; alleged violations of open meetings act; county commission district boundary change. 90-120.

Recall of local elected official; petition; affidavit; jurat; date of notarial act. 91-1.

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.

Recall of elected official; number of signatures on petition. 1999-38.

Recall of elected officials; procedure when more than one is sought to be recalled. 1999-52.

Recall of local officials. 2001-05.

Recall of local official; election to position on same governing body. 2001-06.

CASE ANNOTATIONS

1. Whether recall petition failed to state sufficient grounds for recall examined; county attorney's review responsibility discussed. Cline v. Tittel, 20 Kan. App. 2d 695, 696, 891 P.2d 1137 (1995).

2. Cited; omission of the jurat in petition document did not invalidate document; action of sponsors constituted sufficient compliance with K.S.A. 25-4325. Eveleigh v. Conness, 261 Kan. 970, 972, 933 P.2d 675 (1997).

3. In recall election, "last general election" refers only to general election for office sought to be recalled held prior to initiation of recall petition. Richards v. Schmidt, 274 Kan. 753, 56 P.3d 274 (2002).


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