25-4331. Same; action to have determinations relating to recall reviewed. Any person aggrieved by a determination made by the county election officer or county attorney of the county where petitions are required to be filed may bring an action to have the determination reviewed within thirty (30) days of the date on which notice of determination was given by action in the district court of such county.
History: L. 1976, ch. 178, ยง 31; 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; determination of sufficiency of grounds by county or district attorney; constitutionality. 91-59.
CASE ANNOTATIONS
1. Statutes require specificity when stating grounds for recall of public officer. Unger v. Horn, 240 Kan. 740, 741, 742, 732 P.2d 1275 (1987).
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, 697, 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, 37, 913 P.2d 1218 (1995).
4. Cited; there is no authority for damages against county officials for invalid determination under recall act. Collins v. Hoeme, 40 Kan. App. 2d 93, 99, 100, 189 P.3d 566 (2008).
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