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25-4304. Application of act; state officers; local officers. (a) K.S.A. 25-4305 to 25-4317, inclusive, apply only to recall of the governor, members of the legislature, any public officials elected by the electors of the entire state and members of the state board of education. For the purpose of this act, officers mentioned in this subsection are "state officers."

(b) The provisions of this act do not apply to any judicial officer.

(c) K.S.A. 25-4318 to 25-4331, inclusive, apply only to recall of all elected public officials who are provided by law to be elected at an election conducted by one or more county election officers, except those officers specified in subsections (a) and (b). For the purpose of this act, officers to which this subsection apply are "local officers."

(d) Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (a) applies shall be a state officer for the purpose of this act. Any person appointed or otherwise designated or elected to fill a vacancy in an office to which subsection (c) applies shall be a local officer for the purpose of this act.

History: L. 1976, ch. 178, ยง 2; April 14.

Attorney General's Opinions:

Recall of elected officials; application of act; applicability to congressional members. 94-35.

CASE ANNOTATIONS

1. Cited; minor differences in addresses listed in recall petition from voter registration books do not invalidate otherwise proper signatures. Cline v. Meis, 21 Kan. App. 2d 622, 627, 905 P.2d 1072 (1995).

2. 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, 971, 933 P.2d 675 (1997).


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