19-3439.   Establishment and change of ward and precinct boundariesin counties between 140,000 and 220,000; effect of city's proposedannexation ordinance on elections; delay of ordinance's effective dateby county election officer; appeal by city.Notwithstanding the provisions of any statute to the contrary, in anycounty having a population of more than one hundred and forty thousand(140,000) and less than two hundred and twenty thousand (220,000), allward and precinct boundary lines shall be established and may be changedfrom time to time, exclusively by the election commissioner of any suchcounty. No precinct shall be divided by a ward boundary line. Wheneverthe governing body of any city proposes to adopt an annexationordinance, at least seven (7) days prior to such adoption, it shallnotify the county election officer by transmitting a copy of theproposed ordinance to him, together with a statement of the date theproposed ordinance, if passed, will take effect in accordance with theprovisions of K.S.A. 12-523. If the county election officer is ofthe opinion that the date such ordinance takes effect will materiallyinterfere with any election, he shall so certify, stating his reasonstherefor, to the governing body of such city and deliver a copy of suchcertificate to the secretary of state. Whenever any such certificate isfiled with the governing body of a city and the secretary of state, theordinance to which it applies shall not take effect until the day afterthe election with which it will interfere, and if such an ordinance willmaterially interfere with the primary state-wide election in the opinionof the county election officer, such ordinance shall not take effectuntil the day after the state-wide general election. In the event thatthe governing body of any city which receives a certificate under thisact is aggrieved thereby because the reasons for the opinion of thecounty election officer are deemed incorrect or insufficient, suchgoverning body may appeal the decision to the district court. In anysuch case the district court shall advance the appeal for immediatedetermination as the public interest may require. A copy of any suchappeal shall be filed with the secretary of state at the time the appealis made, and the secretary of state shall file a statement of positionwith respect to the matter in controversy with the district court.

      History:   L. 1972, ch. 85, § 1; July 1.