Article 3.--INDEPENDENT AND OTHER NOMINATION CERTIFICATES; TERMS OF OFFICE; FILLING VACANCIES
25-308.Nominations; validity; filing; objections;proceeding to compel or restrain election officers.(a) Any certificate of nomination, nomination petitions or declaration ofintention to become a candidate, filed or issued in apparentconformity with law, shall be deemedto be valid unless:
(1) Objection thereto is made in writing within three days fromthe date the certificate, petitions or declaration is filed with or issuedby the proper officers; or
(2) in the case of certificates of nomination, nomination petitions anddeclarations ofintention to become a candidate, thesecretary of state or the county election officer finds them to beinvalid pursuant to K.S.A. 25-208a, and amendments thereto.
(b) If the secretary of state or the county election officer findsany certificates of nomination, nomination petitions or declaration ofintention to becomea candidate to be invalid pursuant toK.S.A. 25-208a, and amendments thereto, the candidate on whose behalfthe certificates, petitions ordeclaration was filed may make objection to such finding in writingwithin three days of receipt by the candidate of notice of suchfinding.
(c) In the case of nominations of national and state officers,objections shall be filed with the secretary of state and shall beconsidered by the lieutenant governor, secretary of state, and attorneygeneral, and a decision of a majority of these officers shall be final.In the case of nominations for county, township, city and schoolofficers, objections shall be filed with the county election officer andshall be considered by the county election officer, county attorney or districtattorneyand an elected official of the county whose position is not involved in thecontroversy, who shall be designated by the county election officer. The decisionof a majority of these officers shall be final.
(d) In any case where objection is made, notice shall begiven immediately, by the officer with whom the objections are filed, tothe otherofficers required to determine the matter and to the candidates affectedby such objection, addressed in the case of candidates totheir places ofresidence as given in the nomination petitions, declaration ofintention to become a candidate orcertificate of nomination. The notice shall state the time when theobjection will be considered. Such time shallnot be more than five daysfollowing the giving of such notice in the case of nomination of anational or state officer and not be more than three days following thegiving of such notice in the case of nomination of a county, township,city or school officer, and the place where such objections will beconsidered.
(e) The causes for objection under this section as to any office maybe any of those causes listed in K.S.A. 25-1436, and amendments thereto.The officersdetermining any objections under this section may assess any costsarising from such determination to either the objectoror objectee in accordance withthe determination made. Such costs shall be paid to the secretary ofstate or the county election officer, as the case may be, and depositedin the treasury of the state or county to the credit of itsgeneral fund. If such costs are not paid within 10 days after beingfixed, the secretary of state or county electionofficer shallmake a certificate of the facts and file it with the clerk of thedistrict court in the county where the person resides who must pay suchcosts. Such clerk of the district court shallcollect such costs as in cases of collection of courtcosts, and when collected such costs shall bedisposed of as are court costs in suchdistrict court.
(f) All mandamus proceedings to compel an officer to certify andplace upon the ballot any name or names, and all injunction proceedingsto restrain an officer from certifying and placing upon the ballot anyname or names, must be commenced not less than 45 days beforethe election.
Article 3.--INDEPENDENT AND OTHER NOMINATION CERTIFICATES; TERMS OF OFFICE; FILLING VACANCIES
25-308.Nominations; validity; filing; objections;proceeding to compel or restrain election officers.(a) Any certificate of nomination, nomination petitions or declaration ofintention to become a candidate, filed or issued in apparentconformity with law, shall be deemedto be valid unless:
(1) Objection thereto is made in writing within three days fromthe date the certificate, petitions or declaration is filed with or issuedby the proper officers; or
(2) in the case of certificates of nomination, nomination petitions anddeclarations ofintention to become a candidate, thesecretary of state or the county election officer finds them to beinvalid pursuant to K.S.A. 25-208a, and amendments thereto.
(b) If the secretary of state or the county election officer findsany certificates of nomination, nomination petitions or declaration ofintention to becomea candidate to be invalid pursuant toK.S.A. 25-208a, and amendments thereto, the candidate on whose behalfthe certificates, petitions ordeclaration was filed may make objection to such finding in writingwithin three days of receipt by the candidate of notice of suchfinding.
(c) In the case of nominations of national and state officers,objections shall be filed with the secretary of state and shall beconsidered by the lieutenant governor, secretary of state, and attorneygeneral, and a decision of a majority of these officers shall be final.In the case of nominations for county, township, city and schoolofficers, objections shall be filed with the county election officer andshall be considered by the county election officer, county attorney or districtattorneyand an elected official of the county whose position is not involved in thecontroversy, who shall be designated by the county election officer. The decisionof a majority of these officers shall be final.
(d) In any case where objection is made, notice shall begiven immediately, by the officer with whom the objections are filed, tothe otherofficers required to determine the matter and to the candidates affectedby such objection, addressed in the case of candidates totheir places ofresidence as given in the nomination petitions, declaration ofintention to become a candidate orcertificate of nomination. The notice shall state the time when theobjection will be considered. Such time shallnot be more than five daysfollowing the giving of such notice in the case of nomination of anational or state officer and not be more than three days following thegiving of such notice in the case of nomination of a county, township,city or school officer, and the place where such objections will beconsidered.
(e) The causes for objection under this section as to any office maybe any of those causes listed in K.S.A. 25-1436, and amendments thereto.The officersdetermining any objections under this section may assess any costsarising from such determination to either the objectoror objectee in accordance withthe determination made. Such costs shall be paid to the secretary ofstate or the county election officer, as the case may be, and depositedin the treasury of the state or county to the credit of itsgeneral fund. If such costs are not paid within 10 days after beingfixed, the secretary of state or county electionofficer shallmake a certificate of the facts and file it with the clerk of thedistrict court in the county where the person resides who must pay suchcosts. Such clerk of the district court shallcollect such costs as in cases of collection of courtcosts, and when collected such costs shall bedisposed of as are court costs in suchdistrict court.
(f) All mandamus proceedings to compel an officer to certify andplace upon the ballot any name or names, and all injunction proceedingsto restrain an officer from certifying and placing upon the ballot anyname or names, must be commenced not less than 45 days beforethe election.
Article 3.--INDEPENDENT AND OTHER NOMINATION CERTIFICATES; TERMS OF OFFICE; FILLING VACANCIES
25-308.Nominations; validity; filing; objections;proceeding to compel or restrain election officers.(a) Any certificate of nomination, nomination petitions or declaration ofintention to become a candidate, filed or issued in apparentconformity with law, shall be deemedto be valid unless:
(1) Objection thereto is made in writing within three days fromthe date the certificate, petitions or declaration is filed with or issuedby the proper officers; or
(2) in the case of certificates of nomination, nomination petitions anddeclarations ofintention to become a candidate, thesecretary of state or the county election officer finds them to beinvalid pursuant to K.S.A. 25-208a, and amendments thereto.
(b) If the secretary of state or the county election officer findsany certificates of nomination, nomination petitions or declaration ofintention to becomea candidate to be invalid pursuant toK.S.A. 25-208a, and amendments thereto, the candidate on whose behalfthe certificates, petitions ordeclaration was filed may make objection to such finding in writingwithin three days of receipt by the candidate of notice of suchfinding.
(c) In the case of nominations of national and state officers,objections shall be filed with the secretary of state and shall beconsidered by the lieutenant governor, secretary of state, and attorneygeneral, and a decision of a majority of these officers shall be final.In the case of nominations for county, township, city and schoolofficers, objections shall be filed with the county election officer andshall be considered by the county election officer, county attorney or districtattorneyand an elected official of the county whose position is not involved in thecontroversy, who shall be designated by the county election officer. The decisionof a majority of these officers shall be final.
(d) In any case where objection is made, notice shall begiven immediately, by the officer with whom the objections are filed, tothe otherofficers required to determine the matter and to the candidates affectedby such objection, addressed in the case of candidates totheir places ofresidence as given in the nomination petitions, declaration ofintention to become a candidate orcertificate of nomination. The notice shall state the time when theobjection will be considered. Such time shallnot be more than five daysfollowing the giving of such notice in the case of nomination of anational or state officer and not be more than three days following thegiving of such notice in the case of nomination of a county, township,city or school officer, and the place where such objections will beconsidered.
(e) The causes for objection under this section as to any office maybe any of those causes listed in K.S.A. 25-1436, and amendments thereto.The officersdetermining any objections under this section may assess any costsarising from such determination to either the objectoror objectee in accordance withthe determination made. Such costs shall be paid to the secretary ofstate or the county election officer, as the case may be, and depositedin the treasury of the state or county to the credit of itsgeneral fund. If such costs are not paid within 10 days after beingfixed, the secretary of state or county electionofficer shallmake a certificate of the facts and file it with the clerk of thedistrict court in the county where the person resides who must pay suchcosts. Such clerk of the district court shallcollect such costs as in cases of collection of courtcosts, and when collected such costs shall bedisposed of as are court costs in suchdistrict court.
(f) All mandamus proceedings to compel an officer to certify andplace upon the ballot any name or names, and all injunction proceedingsto restrain an officer from certifying and placing upon the ballot anyname or names, must be commenced not less than 45 days beforethe election.
