25-1448. Final determination of contest of person elected to office; disposition by court; applicability of section. Upon final determination of a contest of an election to an office by the court, after the time for appeal thereof specified in K.S.A. 25-1450, and amendments thereto, has expired, or in case of an appeal, upon the final judicial determination of the contest, if the contestant succeeds in the contest, the court may invalidate and revoke any election certificate which has been issued to the contestee, and the secretary of state or county election officer authorized to issue the certificate of election shall issue the certificate to the person the court finds is entitled thereto; except that in cases where the court has found that the contestant prevails in the contest on the grounds provided for in subsection (a), (b), (c) or (e) of K.S.A. 25-1436, and amendments thereto, then the court may order another election for such office to be held within 45 days after the date of such order or may make such other orders as the court deems appropriate. This section shall not apply to any contest of the office of state senator or member of the house of representatives.
History: L. 1978, ch. 138, § 15; L. 1985, ch. 121, § 2; March 28.
Structure Kansas Statutes
Article 14 - Contest Of Elections
25-1434 Application of act; definitions.
25-1435 Who may contest elections.
25-1438 Contests of question submitted elections; filing of notice of contest; contents.
25-1439 Time for filing notice of contest; copy of notice to election official.
25-1441 Service of notice of contest.
25-1444 Contestee's answer to notice of contest.
25-1445 Intervenors in contest.
25-1446 Procedure for court proceedings in the election contest.
25-1447 Inspection of ballots and voting machines; procedure; bond.
25-1449 Final determination of contest of question submitted elections; disposition by court.