25-4308. Same; certification of application; grounds for refusal of certification; commencement of proceedings concerning recall elections, time limits on. (a) The secretary of state shall review the application and shall either certify such application or notify the recall committee of the grounds of refusal. The secretary of state shall deny certification if the secretary of state determines that:
(1) The facts do not support the grounds for recall as stated in the application;
(2) the application is not substantially in the required form;
(3) the application was filed during the first 120 days of the term of office of the official sought to be recalled or within less than 200 days of the termination of the term of office of the state officer sought to be recalled;
(4) the person named in the application is not a state officer;
(5) there is an insufficient number of required signatures of any kind;
(6) the state officer sought to be recalled has been or is being subjected to another recall election during such officer's current term of office; or
(7) the application does not conform to any other requirement of this act.
(b) All mandamus proceedings to compel a recall election and all injunction proceedings to restrain a recall election shall be commenced within 30 days after the secretary of state's decision.
History: L. 1976, ch. 178, § 6; L. 1978, ch. 147, § 1; L. 2003, ch. 127, § 4; L. 2007, ch. 125, § 4; July 1.
Structure Kansas Statutes
Article 43 - Recall Of Elected Officials
25-4301 Officers subject to recall; exceptions.
25-4303 Rules and regulations relating to recall.
25-4304 Application of act; state officers; local officers.
25-4305 Recall of state officers; application; deposit; filing, when.
25-4306 Same; application; form; number of signatures.
25-4307 Same; notice on matters relating to recall.
25-4309 Same; petition; form; certain acts crimes.
25-4310 Same; petition; circulation; signatures; withdrawal.
25-4311 Same; petition; affidavit; filing, when; number of signatures.
25-4312 Same; petition; determination of sufficiency; when improperly filed.
25-4314 Same; election; time; ballot form.
25-4315 Same; election; public inspection of statements.
25-4316 Same; determination and certification of election results; filling of vacancy.
25-4317 Same; action to have determinations relating to recall reviewed.
25-4318 Recall of local officers; petition, filing.
25-4319 Same; conduct of election.
25-4321 Same; certain acts crimes.
25-4323 Same; petition; filing, when; limitations.
25-4324 Same; petition; circulation; signatures; withdrawal.
25-4325 Recall of local officers; petition; affidavit, form, number of signatures.
25-4326 Same; petition; determination of sufficiency; when improperly filed.
25-4328 Same; election; form of ballot; vacancy in office.
25-4329 Same; election; public inspection of statements.
25-4331 Same; action to have determinations relating to recall reviewed.