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25-305. Deadlines for filing certificates of nomination by convention or caucus and independent nomination petitions; deadlines for filing affidavit of write-in candidacy. (a) Certificates of nomination by convention or caucus for the nomination of candidates for national, state, county and township offices shall be filed with the secretary of state, or the county election officer, not later than 12:00 noon, on the day fixed for the deadline for filing petitions for nomination and declarations of intent to become candidates in accordance with K.S.A. 25-205, and amendments thereto, preceding the national, state, county and township general election, except when such date falls on Saturday, Sunday or a holiday, and then not later than 12:00 noon the following day that is not a Saturday, Sunday or a holiday.

(b) Independent nomination petitions for the nomination of candidates for national, state, county and township offices shall be filed with the secretary of state or the county election officer no later than 12:00 noon on the Monday preceding the date fixed for the holding of primary elections in accordance with K.S.A. 25-203, and amendments thereto, preceding a national, state, county or township general election.

(c) An affidavit of write-in candidacy for the offices of governor and lieutenant governor shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the general election for those offices.

(d) An affidavit of write-in candidacy for the offices of president and vice-president shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the general election for those offices.

(e) An affidavit of write-in candidacy for the offices of United States senator and United States house of representatives shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.

(f) An affidavit of write-in candidacy for state offices elected on a statewide basis other than offices subject to subsection (c) shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.

(g) An affidavit of write-in candidacy for members of the state house of representatives, state senate or members of the state board of education shall be filed with the secretary of state not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.

(h) An affidavit of write-in candidacy for district judges, district magistrate judges, district attorneys, any county officer or any city officer of a city of the first class shall be filed with the appropriate county election office not later than 12:00 noon on the fourth Monday preceding the election at which the write-in candidate seeks nomination or election.

History: R.S. 1923, 25-305; L. 1925, ch. 164, § 1; L. 1927, ch. 202, § 1; L. 1968, ch. 406, § 92; L. 1972, ch. 130, § 1; L. 1983, ch. 120, § 2; L. 1988, ch. 119, § 3; L. 1991, ch. 100, § 3; L. 1992, ch. 237, § 3; L. 1993, ch. 287, § 3; L. 2023, ch. 79, § 1; July 1.

Source or prior law:

L. 1893, ch. 78, § 7; L. 1897, ch. 129, § 7; L. 1901, ch. 183, § 1; Revised, 1923.

Revisor's Note:

Section was amended twice in 1992 session, see also 25-305a.

Attorney General's Opinions:

Independent nominations; requirements; party affiliations; party candidacy; petitions. 92-81.

CASE ANNOTATIONS

1. Refusal of clerk to place name on ballot considered. Bower v. Clemans, 61 Kan. 129, 58 P. 969.

2. Section applies to party as well as independent nominations. Parsons v. Ryan, 144 Kan. 370, 372, 373, 374, 60 P.2d 910.

3. Imposition on First and Fourteenth Amendment rights to run for office were outweighed by state's interest. Dr. John Hagelin for President Committee v. Graves, 804 F. Supp. 1377, 1378, 1379 (1992).

4. Whether state election filing deadline for independent candidates unfairly discriminates in favor of major party candidates examined. Hagelin for President Committee v. Graves, 25 F.3d 956, 957 (1994).


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