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25-4320. Petitions for recall of local officers; petition; contents; circulation; form; sample from election officer on request; affidavit. (a) Each petition for recall of a local officer shall include: (1) The name and office of the local officer sought to be recalled; (2) the grounds for recall described in particular in not more than 200 words; (3) a statement that the petition signers are registered electors of the election district of the local officer sought to be recalled; (4) the names and addresses of three registered electors of the election district of the officer sought to be recalled who shall comprise the recall committee; (5) the statement of warning required in K.S.A. 25-4321, and amendments thereto; and (6) a statement that a list of all petition circulators, as defined in K.S.A. 2022 Supp. 25-3608, and amendments thereto, authorized to circulate recall petitions for such recall may be examined in the office of the county election officer where the petition is required to be filed.

(b) Each page of a petition for recall of a local officer shall be in substantially the following form:

I, the undersigned, hereby seek the recall of ___________ from the office of ____________, on the ground(s) that _____________, (state specific grounds) and declare that I am a registered elector of ______________ County, Kansas, and of the election district of the officer named above.

Name of Signer

Street Number or RR
(as Registered)

Name of City

Date of Signing









NOTE:

1.

It is a class B misdemeanor to sign a name other than your own name to this petition, to knowingly sign more than once for the recall of the same officer at the same election or to sign this petition knowing you are not a registered elector.

2.

The following comprise the recall committee:
(names and resident addresses)

3.

A list of all petition cirulators, as defined in K.S.A. 2022 Supp. 25-3608, and amendments thereto, authorized to circulate petitions for this recall may be examined in the office of the ____________ County election officer.

(c) A county election officer shall provide a sample of the form prescribed by subsection (b) upon request by any person.

(d) The affidavit required by K.S.A. 25-4325, and amendments thereto, shall be appended to each petition for recall of a local officer.

History: L. 1976, ch. 178, § 20; L. 1978, ch. 147, § 4; L. 1988, ch. 119, § 7; L. 1991, ch. 104, § 2; L. 2001, ch. 128, § 10; L. 2014, ch. 98, § 8; May 15.

Law Review and Bar Journal References:

"Recall of Local Elected Officials in Kansas," Rich Smith and Theresa Nuckolls, 70 J.K.B.A. No. 8, 18 (2001).

Attorney General's Opinions:

Grounds for recall of elected officials; sufficiency; petition; alleged violations of open meetings act; county commission district boundary change. 90-120.

Grounds for recall of elected officials; determination of sufficiency of grounds by county or district attorney; constitutionality. 91-59.

Governmental ethics applicable to local governmental subdivisions; making or participating in certain contracts prohibited; member of board of education. 91-114.

Recall of members of board of unified school district; change of district boundaries since election; which electors qualified to sign petition; number of signatures required. 97-28.

Recall of elected officials; review by county attorney to determine sufficiency; electorate determines veracity of allegations. 1999-32.

Recall of local officials. 2001-05.

CASE ANNOTATIONS

1. Portion of 25-4302 relative to submission of recall to voters is plain and unambiguous and must be given effect. Randall v. Seemann, 228 K. 395, 396, 613 P.2d 1376.

2. Statutes require specificity when stating grounds for recall of public officer. Unger v. Horn, 240 K. 740, 742, 746, 732 P.2d 1275 (1987).

3. Minor errors in date accompanying signature does not justify striking otherwise qualified elector from recall petition. Cline v. Meis, 21 K.A.2d 622, 633, 905 P.2d 1072 (1995).

4. Statements for recall of public officials must include only legally sufficient grounds and be specific enough to allow challenged officials to respond as to their conduct in office. Reynolds v. Figge, 28 K.A.2d 635, 19 P.3d 193 (2001).


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