19-826. Fingerprinting of sheriff and candidates for office of sheriff; exception; fingerprints forwarded to K.B.I. for background investigation; cost.
19-826
19-826. Fingerprinting of sheriff and candidates for office of
sheriff; exception; fingerprints forwarded to K.B.I. for background investigation; cost.
(a) Before January 1, 1988, each person holding office as
sheriff of any county in this state on the effective date of this act shall
be fingerprinted as provided by this section.
(b) Before
assuming the office of sheriff of any county in this state, a person,
other than an undersheriff or county clerk temporarily serving as sheriff
pursuant to K.S.A. 19-804 or 19-804a, and amendments thereto,
shall be
fingerprinted as provided by this section.
If the person is a candidate for the office of sheriff, such person shall
be fingerprinted at the time of the filing of: (1) Nomination papers or a
declaration of intent to become such a candidate; (2) a certificate of
nomination as such a candidate of a political party; or (3) a certificate
of election to fill a vacancy in such a candidacy.
(c) Fingerprinting pursuant to this section shall be done by the law
enforcement agency of the county
in the presence of the county election officer. The county election officer
shall forthwith forward the fingerprints to
the Kansas bureau of investigation for a search of state and
national fingerprint files to determine whether the
person qualifies for the office of sheriff
pursuant to
subsection (a)(3) of K.S.A. 19-801b and amendments thereto. The Kansas
bureau of investigation
shall certify any conviction record of the person, or lack thereof, found
as a result of such search to the county
election officer and, if
such a record is found, to the attorney general.
If the person is a candidate for the office of sheriff and is found, as a
result of the search, to be unqualified for such office, the county
election officer shall notify the person within three days. Such person
found to be unqualified for such office shall have five days from the date
of the notice given by the Kansas bureau of investigation to (1) present evidence
to the county election officer showing error in the conviction record
certified by the Kansas bureau of investigation and (2) seek correction of
any such error by the Kansas bureau of investigation. If there is no error in
such conviction record, the county election officer shall
terminate the
person's candidacy and remove the person's name from the ballot.
(d) Fingerprints taken and submitted pursuant to this section shall be
on forms approved by the attorney general.
(e) The cost of a search of fingerprint files pursuant to this section
shall be paid by the person being fingerprinted.
History: L. 1987, ch. 93, § 1; July 1.