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§ 3. Recall of elected officials. All elected public officials in the state, except judicial officers, shall be subject to recall by voters of the state or political subdivision from which elected. Procedures and grounds for recall shall be prescribed by law.

History: L. 1913, ch. 336, § 1; L. 1974, ch. 463, § 1; November 5, 1974.

Cross References to Related Sections:

Recall of state officers, see 25-4305 et seq.

Recall of local officers, see 25-4318 et seq.

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:

Recall of local elected official; petition; affidavit; jurat; date of notarial act. 91-1.

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

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.

CASE ANNOTATIONS

1. Constitutional provision not entirely self-executing; no one authorized to call a recall election. The State, ex rel., v. Deck, 106 Kan. 518, 522, 188 P. 238.

2. Statutes require specificity when stating grounds for recall of public officer. Unger v. Horn, 240 Kan. 740, 745, 746, 732 P.2d 1275 (1987).

3. Whether recall petition failed to state sufficient grounds for recall examined; county attorney's review responsibility discussed. Cline v. Tittel, 20 Kan. App. 2d 695, 697, 891 P.2d 1137 (1995).

4. Statutes regarding recall petitions should be construed liberally and any restriction on such rights should be narrowly construed. Cline v. Meis, 21 Kan. App. 2d 622, 625, 905 P.2d 1072 (1995).

5. Cited; omission of the jurat in petition document did not invalidate document; action of sponsors constituted sufficient compliance with K.S.A. 25-4325. Eveleigh v. Conness, 261 Kan. 970, 973, 933 P.2d 675 (1997).

6. Cited; there is no authority for damages against county officials for invalid determination under recall act. Collins v. Hoeme, 40 Kan. App. 2d 93, 99, 189 P.3d 566 (2008).