25-3601. Application to both state and local elections; determination of sufficiency of petitions; signatures; question to be submitted filed with county or district attorney prior to circulation; det
25-3601
25-3601. Application to both state and localelections; determinationof sufficiency of petitions; signatures; question to be submitted filed withcounty or district attorney prior to circulation; determination of legality ofform; application of other statutes; copies of statutes to beprovided.(a) Subject to the provisions ofsubsection (d), if a petition is required or authorized as apart of the procedure applicable to the state as a whole or any legislativeelection district or to any county, city, school district or othermunicipality, or part thereof, the provisions of K.S.A.25-3601 et seq., and amendments thereto, shall apply. The sufficiency ofeach signature and the number thereof on anysuch petition shall be determined in accordance with the provisions of K.S.A.25-3601 to 25-3607, inclusive, and amendments thereto by the county electionofficer or such other official as designated in the applicable statute.Except as provided herein, a copy of anypetition requesting an election in any politicalor taxing subdivision of the state shall be submitted to the office of thecounty attorney of the county or district attorney of the district in whichall or the greater portion of the political or taxing subdivision is located.If a county counselor has been appointed in the county or district, thepetition shall be submitted to the county counselor. The petition shall besubmitted either by hand-delivery or by certified mail,return receipt requested. Such petition shall contain the question to besubmitted at the election. Within fivebusiness days following submission of the petition, thecounty counselor,county attorney or district attorney shall furnish a written advisory opinionas to the legality of the form of the question contained on the petition. Thereshall be arebuttable presumption that the form of any question approved by the countycounselor, county attorney ordistrict attorney complies with the requirements of this act. If such opinionis not furnished within five days of submission of the question, the form ofthequestion shall be deemed in compliance with the requirements of this act.
If the advisory opinion states that the form of the question contained in thepetition does not comply with the requirements of this act, such advisoryopinion shall also state specific grounds to support such determination.
Nothing in this subsection shall be construed as prohibiting the circulation ofa petition for signaturesor thefiling of such petition with the county election officer prior to obtaining theadvisory opinion required by this subsection.
(b) Any person challenging the validity of the form of a question shallhave the burden of proving in the district court that the form of the questionis invalid.
(c) The form of any question in a petition requesting an election on orprotesting an ordinance, or resolution, adopted by the governing body of anycounty, city, school district or other municipality shall be presumed to bevalid and in compliance with the requirements of K.S.A. 25-3601, et seq., andamendments thereto, if such petition states the title, number and exactlanguage of the ordinance, or resolution, and the title of such petitionstates:
"Shall the following ordinance, or resolution, become effective?"
(d) When any other statute imposes specific requirements which aredifferentfrom the requirements imposed byK.S.A. 25-3601 et seq. and amendments thereto, the provisions of thespecificstatute shall control.Thecounty election officer or other official with whom the petition is required tobe filed in accordance with the applicable statute shall give to personsrequesting information regarding the filing of petitions a copy of K.S.A.25-620 and article 36 of chapter 25 of the Kansas Statutes Annotated, andamendments thereto.
(e) Any action challenging the validity of the form of a question in apetition shall be filed in the district court within 20 days after suchpetition has been filed with the county election officer.
The court shall render an opinion in any action filed to challenge thevalidity of the form of a question in a petition within 20 days after the datesuch action is filed with the court.
(f) The provisions of K.S.A. 25-3601 et seq., and amendmentsthereto, shall not apply to recall petitions as described in K.S.A. 25-4301et seq., and amendments thereto.
History: L. 1970, ch. 147, § 1;L. 1989, ch. 107, § 4;L. 1992, ch. 194, § 2;L. 2001, ch. 141, § 1;L. 2007, ch. 125, § 3; July 1.