19-826. Fingerprinting of sheriff and candidates for office of sheriff; exception; fingerprints forwarded to K.B.I. for background investigation; cost. (a) Before January 1, 1988, each person holding office as sheriff of any county in this state on the effective date of this act shall be fingerprinted as provided by this section.
(b) Before assuming the office of sheriff of any county in this state, a person, other than an undersheriff or county clerk temporarily serving as sheriff pursuant to K.S.A. 19-804 or 19-804a, and amendments thereto, shall be fingerprinted as provided by this section. If the person is a candidate for the office of sheriff, such person shall be fingerprinted at the time of the filing of: (1) Nomination papers or a declaration of intent to become such a candidate; (2) a certificate of nomination as such a candidate of a political party; or (3) a certificate of election to fill a vacancy in such a candidacy.
(c) Fingerprinting pursuant to this section shall be done by the law enforcement agency of the county in the presence of the county election officer. The county election officer shall forthwith forward the fingerprints to the Kansas bureau of investigation for a search of state and national fingerprint files to determine whether the person qualifies for the office of sheriff pursuant to subsection (a)(3) of K.S.A. 19-801b, and amendments thereto. The Kansas bureau of investigation shall certify any conviction record of the person, or lack thereof, found as a result of such search to the county election officer and, if such a record is found, to the attorney general. If the person is a candidate for the office of sheriff and is found, as a result of the search, to be unqualified for such office, the county election officer shall notify the person within three days. Such person found to be unqualified for such office shall have five days from the date of the notice given by the Kansas bureau of investigation to: (1) Present evidence to the county election officer showing error in the conviction record certified by the Kansas bureau of investigation; and (2) seek correction of any such error by the Kansas bureau of investigation. If there is no error in such conviction record, the county election officer shall terminate the person's candidacy and remove the person's name from the ballot.
(d) Fingerprints taken and submitted pursuant to this section shall be on forms approved by the attorney general.
(e) The cost of a search of fingerprint files pursuant to this section shall be paid by the person being fingerprinted.
History: L. 1987, ch. 93, ยง 1; July 1.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
19-801a Sheriff; election, term, bond.
19-801c Eligibility of sheriffs holding office on July 1, 1972, for nomination and election.
19-802 Condition of such bond.
19-803 Appointment of undersheriff.
19-804 Vacancy in office of sheriff, how filled; duties and liabilities of undersheriff.
19-804a Exercise of functions of sheriff by county clerk, when.
19-805a Special deputies; appointment, revocation; bonds.
19-805b Same; authority of special deputies.
19-805c Same; act extends appointing power.
19-810 Appointment of undersheriff or deputy to be in writing; revocation.
19-811 Charge and custody of jail; liability for acts.
19-812 Process, writs, precepts and orders; court attendance; fees.
19-812a Montgomery county; duties of sheriff.
19-812b Neosho county; duties of sheriff.
19-814 What sheriff shall deliver to successor.
19-815 Writs in hand on expiration of term or removal.
19-816 Default or misconduct of deputy after death, resignation or removal of sheriff.
19-817 Action for default or misconduct of sheriff or deputy.
19-818 Service of paper on sheriff.
19-820 Default as to writ or process; penalties.
19-821 Demanding or receiving illegal fees; penalties.
19-822 Uniforms and display of badges by sheriff and deputies; requirements; exceptions.
19-823 Same; allowance for uniform expense in counties under 200,000.
19-827 Payment for services provided by certain special deputies.