19-826.   Fingerprinting of sheriff and candidates for office ofsheriff; exception; fingerprints forwarded to K.B.I. for background investigation; cost.(a) Before January 1, 1988, each person holding office assheriff of any county in this state on the effective date of this act shallbe fingerprinted as provided by this section.

      (b)   Beforeassuming the office of sheriff of any county in this state, a person,other than an undersheriff or county clerk temporarily serving as sheriffpursuant to K.S.A. 19-804 or 19-804a, and amendments thereto,shall befingerprinted as provided by this section.If the person is a candidate for the office of sheriff, such person shallbe fingerprinted at the time of the filing of: (1) Nomination papers or adeclaration of intent to become such a candidate; (2) a certificate ofnomination as such a candidate of a political party; or (3) a certificateof election to fill a vacancy in such a candidacy.

      (c)   Fingerprinting pursuant to this section shall be done by the lawenforcement agency of the countyin the presence of the county election officer. The county election officershall forthwith forward the fingerprints tothe Kansas bureau of investigation for a search of state andnational fingerprint files to determine whether theperson qualifies for the office of sheriffpursuant tosubsection (a)(3) of K.S.A. 19-801b and amendments thereto. The Kansasbureau of investigationshall certify any conviction record of the person, or lack thereof, foundas a result of such search to the countyelection officer and, ifsuch a record is found, to the attorney general.If the person is a candidate for the office of sheriff and is found, as aresult of the search, to be unqualified for such office, the countyelection officer shall notify the person within three days. Such personfound to be unqualified for such office shall have five days from the dateof the notice given by the Kansas bureau of investigation to (1) present evidenceto the county election officer showing error in the conviction recordcertified by the Kansas bureau of investigation and (2) seek correction ofany such error by the Kansas bureau of investigation. If there is no error insuch conviction record, the county election officer shallterminate theperson's candidacy and remove the person's name from the ballot.

      (d)   Fingerprints taken and submitted pursuant to this section shall beon forms approved by the attorney general.

      (e)   The cost of a search of fingerprint files pursuant to this sectionshall be paid by the person being fingerprinted.

      History:   L. 1987, ch. 93, § 1; July 1.