25-1442. Contests involving state senators and members of house of representatives; district judge to hear contest; dismissals.
25-1442
25-1442. Contests involving state senators and members of house ofrepresentatives; district judge to hear contest; dismissals.In contests of election of state senators and members of the house ofrepresentatives of the state, notice of contest shall be filed andserved as provided in K.S.A. 25-1437, 25-1438, 25-1439 and25-1441, except that the clerk of the district court with whom thenotice has been filed shall, within three days of receipt thereof,submit by restricted mail one copy thereof to the chief justice of thesupreme court. Upon receipt of the notice of contest, the chief justiceshall, within five days, submit to the parties a list of all thedistrict judges in the judicial district or districts all or any part ofwhich is located in the district of the legislative office beingcontested. If there be more than one name on the list the contestantand contestee shall within two days after receiving the list of judgesmeet together at a time and place designated by the chief justice and,under the supervision of the clerk of the supreme court, by alternatingstrikes commencing with the contestee remove the names of all judgesuntil but one remains who shall then proceed to hear the contestpursuant to this act. The judge shall, within twenty (20) days afternotice has been filed, convene a hearing at an appropriate place withinthe county, or, if the legislative district includes all or portions ofmore than one county then within one such county, and hear testimony ofthe parties, under the rules of evidence for civil actions. If thecontestant does not proceed within the time provided for herein theaction shall be dismissed and the judge shall transmit a copy of theorder of dismissal to the chief clerk of the house of representatives orthe secretary of the senate, as appropriate.
History: L. 1978, ch. 138, § 9; July 1.