25-4326. Same; petition; determination of sufficiency; when improperly filed. The county election officer of the county where petitions are required to be filed, with the assistance and cooperation of each other county election officer involved, shall determine the sufficiency of each petition for recall of a local officer. Within thirty (30) days of the date of filing, such county election officer shall review the petition and shall notify the recall committee and the local officer sought to be recalled whether the petition was properly or improperly filed. Such county election officer shall notify the recall committee that the petition was improperly filed if he or she determines that (a) there is an insufficient number of subscribing qualified registered electors, (b) the petition was filed within less than one hundred and eighty (180) days of the termination of the term of office of the local officer sought to be recalled, (c) the local officer sought to be recalled has been or is being subjected to another recall election during his or her current term of office, (d) petitions for the recall of other local officers serving on the same governing body have been properly filed and elections thereon have not been held and the number of such local officers equals a majority of the members of the governing body minus one or (e) the petition does not conform to any other requirement of this act.
History: L. 1976, ch. 178, § 26; L. 1978, ch. 147, § 9; April 25.
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; determination of sufficiency of grounds by county or district attorney; constitutionality. 91-59.
Recall of elected officials; procedure when more than one is sought to be recalled. 1999-52.
CASE ANNOTATIONS
1. Portion of K.S.A. 25-4302 relative to submission of recall to voters is plain and unambiguous and must be given effect. Randall v. Seemann, 228 Kan. 395, 396, 400, 613 P.2d 1376.
2. 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, 701, 891 P.2d 1137 (1995).
3. Review of county attorney's determination of recall petition's sufficiency may be brought within 30 days of notice of determination. Baker v. Gibson, 22 Kan. App. 2d 36, 38, 40, 913 P.2d 1218 (1995).
4. 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, 973, 933 P.2d 675 (1997).
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