25-205. Names of candidates printed on primary election ballots; nomination petitions, form and requirements; declarations of intent with fee; deadline for filing nomination petitions and declarations
25-205
25-205. Names of candidates printed on primaryelection ballots; nomination petitions, form and requirements; declarations ofintent with fee; deadline for filing nomination petitions and declarations ofintention to become candidate.(a) Except as otherwise provided in this section, the names of candidates fornational, state, county and township offices shall be printed upon the officialprimary ballot when each shall have qualified to become a candidate by one ofthe following methods and none other: (1) They shall have had filed in theirbehalf, not later than 12:00 noon, June 10, prior to such primary election, orif such date falls on Saturday, Sunday or a holiday, then before 12:00 noon ofthe next following day that is not a Saturday, Sunday or a holiday, nominationpetitions, as provided for in this act, except that in 1998, candidates forjudge or district magistrate judge of the district court for positions createdin 1998 in those judicial districts that have not approvedthe proposition of nonpartisan selection of judges of the district court shallhave filed in their behalf, not later than 12:00 noon, July 1, 1998,nomination petitions, as provided for in this act; or (2) they shall havefiled not laterthan the time for filing nomination petitions, as above provided, with theproper officer a declaration of intention to become a candidate, accompanied bythe fee required by law. Such declaration shall be prescribed by the secretaryof state.
(b) Nomination petitions shall be in substantially the following form:
I, the undersigned, an elector of the county of ______________, and stateof Kansas, and a duly registered voter, and a member of ______________party, hereby nominate ______________, who resides in the township of______________ (or at number ________ on ______________ street, city of______________), in the county of ______________ and state of Kansas, as acandidate for the office of (here specify the office) ______________, to bevoted for at the primary election to be held on the first Tuesdayin August in ______________, as representing the principles of suchparty; and I further declare that I intend to support the candidateherein named and that I have not signed and will not sign any nominationpetition for any other person, for such office at such primary election.
Name of Street Number Name of Date ofSigners. or Rural Route City. Signing. (as registered).
All nomination petitions shall have substantially the foregoing form, writtenor printed at the top thereof. No signature shall be counted unless it is upona sheet having such written or printed form at the top thereof.
(c) Each signer of a nomination petition shall sign but one such petitionfor the same office, and shall declare that such person intends to support thecandidate therein named, and shall add to such person's signature andresidence, if in a city, by street and number (if any); or, otherwise bypost-office address. No signature shall be counted unless the place ofresidence of the signer is clearly indicated and the date of signing given asherein required and if ditto marks are used to indicate address they shall becontinuous and clearly made. Such sheets shall not be cut or pasted together.
(d) All signers of each separate nomination petition shall reside inthe same county and election district of the office sought. The affidavitdescribed in this paragraph of a petition circulator who is a resident of thestateof Kansas and has the qualifications of an elector in the state of Kansasor of thecandidate shall be appended to each petitionand shall contain, at the end of each set of documents carried by eachcirculator, a verification, signed by the circulator or the candidate, to theeffect that such circulator or the candidate personally witnessed the signingof the petition by each person whose name appears thereon.
(e) Except as otherwise provided in subsection (g), nomination petitionsshall be signed:
(1) If for a state officer elected on a statewide basis or for the office ofUnited States senator, by voters equal in number to not less than 1% of thetotal of the current voter registration of the party designated in the state ascompiled by the office of the secretary of state;
(2) If for a state or national officer elected on less than a statewidebasis, by voters equal in number to not less than 2% of the total of thecurrent voter registration of the party designated in such district as compiledby the office of the secretary of state, except that for the office of districtmagistrate judge, by not less than 2% of the total of the current voterregistration of the party designated in the county in which such office is tobe filled as certified to the secretary of state in accordance with K.S.A.25-3302, and amendments thereto;
(3) If for a county office, by voters equal in number to not less than 3% ofthe total of the current voter registration of the party designated in suchdistrict or county as compiled by the county election officer and certified tothe secretary of state in accordance with K.S.A. 25-3302, and amendmentsthereto; and
(4) If for a township office, by voters equal in number to not less than3% of the total of the current voter registration of the party designated insuch township as compiled by the county election officer and certified to thesecretary of state in accordance with K.S.A. 25-3302, and amendments thereto.
(f) Subject to the requirements of K.S.A. 25-202, and amendments thereto,any political organization filing nomination petitions for a majority of thestate or county offices, as provided in this act, shall have a separate primaryelection ballot as a political party and, upon receipt of such nominationpetitions, the respective officers shall prepare a separate state and countyballot for such new party in their respective counties or districts thereof inthe same manner as is provided for existing parties.
(g) In any year in which districts arereapportioned for the offices of representative in the United States congress,senator and representative in the legislature of the state of Kansas or memberof the state board of education:
(1) If new boundary lines are defined and districtsestablished in the manner prescribed by law on or before May 10, nominationpetitions for nomination to such offices shall be signed by voters equal innumber to not less than 1% of the total of the current voter registration ofthe party designated in the district as compiled by the office of the secretaryof state.
(2) If new boundary lines are defined and districtsestablished in the manner prescribed by law on or after May 11,nomination petitions for nomination to the following offices shall be signed byregistered voters of the party designated in the district equal in number tonot less than the following:
(A) For the office of representativein the United States congress.................1,000 registered voters;
(B) for the office of member of thestate board of education.................300 registered voters;
(C) for the office of statesenator.................75 registered voters; and
(D) for the office of staterepresentative.................25 registered voters.
(h) In any year in which districts arereapportioned for the offices of representative in the United States congress,senator and representative in the legislature of the state of Kansas or memberof the state board of education:
(1) If new boundary lines are defined and districtsestablished in the manner prescribed by law on orbeforeJune 10, the deadline for filing nomination petitionsanddeclarations of intention to become a candidate for such office, accompanied bythe fee required by law, shall be 12:00 noon on June 24, or if such date fallson a Saturday, Sunday or a holiday, then before 12:00noon of the next following day that is not a Saturday, Sunday or holiday.
(2) If new boundary lines are defined and districtsestablished in the manner prescribed by law on orafterJune 11, the deadline for filing nomination petitionsand declarations of intention to become a candidate for such office,accompanied bythe fee required by law, shall be 12:00 noon on July12, or if such date falls on a Saturday, Sunday or holiday, then before 12:00noon of the next day that is not a Saturday, Sunday or holiday.
History: R.S. 1923, 25-205; L. 1968, ch. 406, § 69;L. 1970, ch. 133,§ 1; L. 1971, ch. 125, § 1; L. 1972, ch. 127, § 1; L.1973, ch. 134,§ 30; L. 1976, ch. 180, § 1; L. 1979, ch. 105, § 1; L.1981, ch. 164,§ 1; L. 1982, ch. 154, § 2; L. 1983, ch. 120, § 1; L.1988, ch. 119,§ 1; L. 1989, ch. 106, § 3; L. 1990, ch. 120, § 1; L.1992, ch. 194,§ 1; L. 1992, ch. 237, § 2;L. 1998, ch. 195, § 2;L. 2001, ch. 81, § 1;L. 2001, ch. 211, § 4; July 1.