19-3439. Establishment and change of ward and precinct boundaries in counties between 140,000 and 220,000; effect of city's proposed annexation ordinance on elections; delay of ordinance's eff
19-3439
19-3439. Establishment and change of ward and precinct boundaries
in counties between 140,000 and 220,000; effect of city's proposed
annexation ordinance on elections; delay of ordinance's effective date
by county election officer; appeal by city.
Notwithstanding the provisions of any statute to the contrary, in any
county having a population of more than one hundred and forty thousand
(140,000) and less than two hundred and twenty thousand (220,000), all
ward and precinct boundary lines shall be established and may be changed
from time to time, exclusively by the election commissioner of any such
county. No precinct shall be divided by a ward boundary line. Whenever
the governing body of any city proposes to adopt an annexation
ordinance, at least seven (7) days prior to such adoption, it shall
notify the county election officer by transmitting a copy of the
proposed ordinance to him, together with a statement of the date the
proposed ordinance, if passed, will take effect in accordance with the
provisions of K.S.A. 12-523. If the county election officer is of
the opinion that the date such ordinance takes effect will materially
interfere with any election, he shall so certify, stating his reasons
therefor, to the governing body of such city and deliver a copy of such
certificate to the secretary of state. Whenever any such certificate is
filed with the governing body of a city and the secretary of state, the
ordinance to which it applies shall not take effect until the day after
the election with which it will interfere, and if such an ordinance will
materially interfere with the primary state-wide election in the opinion
of the county election officer, such ordinance shall not take effect
until the day after the state-wide general election. In the event that
the governing body of any city which receives a certificate under this
act is aggrieved thereby because the reasons for the opinion of the
county election officer are deemed incorrect or insufficient, such
governing body may appeal the decision to the district court. In any
such case the district court shall advance the appeal for immediate
determination as the public interest may require. A copy of any such
appeal shall be filed with the secretary of state at the time the appeal
is made, and the secretary of state shall file a statement of position
with respect to the matter in controversy with the district court.
History: L. 1972, ch. 85, § 1; July 1.