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25-4325. Recall of local officers; petition; affidavit, form, number of signatures. Before being filed, each petition shall be certified by an affidavit by the sponsor who personally circulated the petition. The affidavit shall state in substance that (a) the person signing the affidavit is a sponsor, (b) the person is the only circulator of that petition or copy, (c) the signatures were made in such person's actual presence, (d) to the best of such person's knowledge, the signatures are those of the persons whose names they purport to be, (e) the person circulated the petition in the manner provided by this act and (f) the person signing the affidavit, being duly sworn, on oath states that the statements of grounds for recall contained in the recall petition are true. In determining the sufficiency of the petition, the county election officer shall not count signatures on petitions not properly certified. The recall committee may file the petition only if signed by registered electors in the election district of the local officer sought to be recalled equal in number to not less than 40% of the votes cast for all candidates for the office of the local officer sought to be recalled, such percentage to be based upon the last general election for the current term of office of the local officer sought to be recalled. If more than one person was elected to such office at such election the number of signatures required shall be equal to not less than 40% of the votes cast at such election for all candidates for the office divided by the number of persons elected to such office.

History: L. 1976, ch. 178, § 25; L. 1976, ch. 177, § 5; L. 1978, ch. 147, § 8; L. 1987, ch. 130, § 2; L. 2003, ch. 127, § 8; July 1.

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.

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 official; number of signatures on petition. 1999-38.

Recall of local officials. 2001-05.

CASE ANNOTATIONS

1. Affidavit supporting recall petition did not satisfy section's requirements. Dusin v. Riggs, 22 Kan. App. 2d 919, 920, 924 P.2d 660 (1996).

2. Omission of the jurat in petition document did not invalidate document; action of sponsors constituted sufficient compliance with statute. Eveleigh v. Conness, 261 Kan. 970, 971, 977, 979, 981, 933 P.2d 675 (1997).


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