The general election laws of Kansas

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Chapter I. Offices To Be Filled

BIENNIALLY.

STATE OFFICERS.

Section 1. On the Tuesdav succeeding the first Monday in November, A. 1). 1808, and on the Tuesday succeeding the first Monday in November in every second year thereafter, there shall be held a general election for the election of representative in congress, governor, lieutenant-governor, secretary of state, auditor of state, treasurer of state, attorney-general, superintendent of public instruction. [Gen. Stat. 1901, §2677.]

JUSTICE OF THE SUPREME COURT.

Sec. 2. At the general election in 1902 there shall be elected five justices, one of whom shall hold his office for two years, one for four years, and three for six years. At the general election in 1904 and every six years thereafter two justices shall be elected. At the general election in 1906 and every six years thereafter two justices shall be elected. At the general election in 1908 and every six years thereafter three justices shall be elected. [Constitutional amendment adopted at general election of 1900. See Session Laws 1899, ch. 314.]

SUPERINTENDENT OF INSURANCE.

Sec. 3. At the general election to be held in the State of Kansas in Xovember, in the year 1900, and every two years thereafter, there shall be elected a superintendent of insurance for the state of Kansas. [Gen. Stat. 1901, § 7300.]

RAILROAD COMMISSIONERS.

Sec. 4. A state board of railroad commissioners is hereby created, to consist of three competent persons, and said board shall be elected ... as hereinafter provided. The said board

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of railroad commissioners shall be elected at the general election of Xovember, 1904, and each two years thereafter, in the same manner as other state officers are elected. [Session Laws 1903, eh. 391, §§1, 2.]

PRESIDENTIAL ELECTORS.

Sec. 5. On the Tuesday succeeding the first ^Monday in Xoveniber, 1868, and on the Tuesday succeeding the first Monday in Xovember in every fourth year thereafter, there shall be held a general election for the election of as many electors of president and vice-president of the United States as this state may be entitled to. [Gen. Stat. 1901. § 2679, as amended by ch. 176, Session Laws 1901.]

MEMBERS OF LEGISLATURE.

Sec. 6. At the general election held in eighteen hundred and serenty-six, and thereafter, members of the house of representatives shall be elected for two years, and members of the senate shall be elected for four years. [Constitution, Art. 2, § 29.]

* DISTRICT JUDGES.

Districts ten, fourteen, fifteen, seventeen, nineteen, twenty, twenty-one, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five.

Sec. 7. At the general election in 1902, a judge shall be elected in each of said judicial districts, who shall hold his office for a term of four years from the second Monday in Januarv, 1903. And there shall be a judge elected in each of said judicial districts at the general election every four years thereafter. [Gen. Stat. 1901, § 2753.] '

Districts six, seven, eight, nine, eighteen, twenty-nine, thirty-six, and Court of Common Pleas of Wyandotte County.

Sec. 8. At the general election in 1904, a judge shall be

*Also in districts eleven (Laws 1870. ch. 60. §4).. twenty-two (Laws 1886. id.. 118. §5), twentv-three (id., ch. 120, §5). and twentv-four (id., ch. 121, §5).

Also in districts one. two. three, four and five, which were created by the Constitution (Laws 1861. ch. 31. §3: Comp. Laws 1862. ch. 87. §3*; Gen. Stat. 1868, ch. 36. §3; The State, ex rel., v. Robinson, 1 Kan. 17), twelve (Laws 1871, ch. 67, § 7), and thirteen (Laws 1872. ch. 112, § 7).

District sixteen was abolished by ch. 119, Laws 1897, and districts twenty-five, twenty-six. twenty-seven and twenty-eight were abolished by ch. 106. Laws 1895. (See Aikman v. Edwards, 55* Kan. 751.)

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elected in eacb of said judicial districts and in Baid Wyandotte county, who shall hold his office for a term of four yeara from the second Hfonday in January, L905. And there shall be a judge elected in each of Baid judicial districts al the general election every four years thereafter. [Id., §2754.]

COUNTY AM) TOWNSHIP OFFICERS AND COUNTY COMMISSIONERS.

GENERALLY.

Sec. 9. General elections and township elections shall be held biennially on the Tuesday succeeding the first Monday in Xovomber in the years bearing even numbers. All county and township officers shall hold their offices for a term of two years and until their successors are qualified : Provided, One county commissioner shall be elected from each of three districts, numbered 1, 2 and 3, by the voters of the district, and the legislature shall fix the time of election and the term of office of such commissioners; such election to be at a general election, and no term of office to exceed six years. All officers whose successors would, under the law as it existed at the time of their election, be elected in an odd-numbered year, shall hold office for an additional vear and until their successors are qualified. ~No person shall hold the office of sheriff or county treasurer for more than two consecutive terms. [Constitution, art. 4, § 2 ; amendment adopted at general election of 1902. Session Laws 1901, ch. 4- ; 4, § 1.]

COUNTY OFFICERS.

Sec. 10. On the Tuesday succeeding the first Monday in Kovember, A. D. 1902, and on the Tuesday succeeding the first Monday in November in every second year thereafter, there shall be held a general election for the election in each county of every county officer except county commissioners, and for the election in Wyandotte county of a clerk of the court of common pleas, as follows: Probate judge, clerk of the district court, county superintendent of public instruction, county attorney, sheriff, coroner, county clerk, county treasurer, register of deeds, county surveyor, and clerk of the court of common pleas of Wyandotte county. [Gen. Stat. 1901, § 2751.]

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COUNTY com^iissioxees.

Sec. 11. At the general election in November, 1904, there shall be elected in each county one commissioner in the district which elected a commissioner at the general election in Xovember, 1900, and one commissioner in the district which elected a commissioner at the general election in November. 1901; at the general election in November, 1906, there shall be elected in each comity one commissioner in the district which elected a commissioner at the Xovember election in 1902: Provided, That where the numbers or boundaries of any districts have been changed since the election of 1900. 1901, or 1902. the successors tc 3uch districts shall be the ones covered by the foregoing provisions. All county commissioners shall hold for a term of four years from the second Honday of January next after their election, and until their successors are qualified; their elected sucsessora to be chosen at the general election in November preceding the expiration of their terms. Session Laws 1903. eh. § 1.]

TOWXSHIP OFEICEES.

Sec. 12. The township election in the several townships shall be held on the Tuesday succeeding the first Monday in November. A. D. 1904, and every two years thereafter: Provided, That the several township officers whose term of onice would expire upon the election and qualification of their successors in office at the November election, A. D. 1903. shall continue to hold their several oifices until their successors are elected and qualified at the election provided for in this act : Provided, That this shall not app"~ : : sty townships. [Session Laws 1903, ch.

Sheriff's Proclamation, Sec. 12a. It shall be the duty of the sheriff, and he is hereby required, fifteen days at least before the holding of any general election, or ten days before the holding of any special election, to give public notice by proclamation throughout his county, of the time of holding such election, and the onicers at that time to be chosen, one copy of which shall be posted up at each of the places where the elections are appointed to be held, and inserted in some newspaper published in the county, if any be published therein. [Gen. Stat. 1901. § 2570.]

( II APTEIl II.

NAMING CANDIDATES.

GENERALLY.

By political parties. Sec. 13. All nominations made by political parties shall be known and designated as "party nominations," and the certificates by which such nominations are certified shall be known and designated as " party certificates of nomination." Party nominations of candidates for public office can be made only by a delegate or mass convention, primary election or caucus of qualified voters belonging to one political party having a national or state organization: Provided. That party nominations for city officers may be made by a convention, primary election or caucus of qualified electors belonging to a political party having only a local organization. Party nominations so made shall, subject to the provisions of this act, be placed upon the official ballot. [Gen. Stat. 1901, § 2696.]

Sec. 14. Any political party having a state or national organization, by means of a delegate or mass convention, primary election, or caucus of qualified voters belonging to such party, may. for the state or municipality, or any lawfully organized portion of either, for which such convention, primary election or caucus is held, nominate one person for each office that is to be filled therein at the next ensuing election, and, subject to the provisions of this act, file a certificate of such nomination so made. Every such certificate shall be signed by the presiding officer and a secretary of the convention or caucus making such nominations. Where such nominations are made by primary election, the certificate shall be signed by the members of the board of canvassers to which the returns of such primary election are made. In each case the persons signing the certificates

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shall add to their signatures their places of residence, and shall make and subscribe an oath that, to the best of their knowledge and belief, such certificates and the statements therein made are true; and a certificate that such oath has been taken and administered shall be made and signed on such certificate of nomination by the officer before whom the same was taken. [Id., § 2697.]

Independent nominations. Sec. 15. All nominations other than party nominations shall be known and designated as " independent nominations," and the nomination papers whereby such nominations are made shall be known and designated as "independent certificates of nomination." Independent nominations of candidates for any office to be filled by the voters of the state at large may be made by nomination papers signed by not less than twenty-five hundred qualified voters of~ the state for each candidate. Independent nominations of candidates for offices to be filled by the voters of a county, district or other division less than a state may be made by nomination papers signed by not less than five per centum of the qualified voters of such county, district, or other division, for each candidate ; and in no case to be signed by less than twenty-five voters of such county, district, or division, for each candidate. Independent nominations of candidates for offices to be filled by the voters of a township, city or ward may be made by nomination papers signed by not less than five per centum of the qualified voters of such township, city or ward, for each candidate, and in no case to be signed by less than ten such voters of such township, city, or ward, for each candidate. The signatures to such nomination papers need not all be appended to one paper, but each voter signing an independent certificate of nomination shall add to his signature his place of residence and postoffice address, and one of the signers to each separate certificate shall make and subscribe an oath that the signatures thereto are genuine, and also that, to the best of his knowledge and belief, the statements therein contained are true ; and a certificate of such oath shall be annexed to each such nomination paper. Xo such nomi-

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nation paper shall contain the names of more candidates for

anv office than there are persons to be elected thereto, and if it n shall be v.. id. No person shall join in nominating more than one person for the Banae office, and if he does his name shall Dot be counted on anv certificate. [Id^*§ 2698. "|

Certificates of nomination. Sec. 16. All certificates of nomination shall be in writing, shall contain the name of each person nominated, his residence, his business, and the office for which he is nominated. Party certificates of nomination shall designate in not more than two words, of which the word " party " shall be one, the political party which the convention, primary election or caucus making the nominations represented ; as, for instance, " republican party," " democratic party," " people's party," "populist party," or "prohibition party"; but a compound or hyphenated word shall not be used to designate the name of a political party within the meaning of this act. When electors for president and vice-president of the United States are nominated, the names of the candidates for president and vice-president may also be showm on the certificates. [Id., part of §2699.]

Party emblems. Sec. 17. Party certificates of nomination shall contain and show, by a representation thereof, some simple device or emblem to designate and distinguish the candidates of the political party making the nominations. Within thirty days after the taking effect of this act, the chairman of the state committee of each political party may file with the secretary of state his certificate setting forth and showing, by a representation thereof, his selection of a device or emblem for the political party represented by him. The device or emblem so chosen and filed shall be used thereafter to designate and distinguish all the candidates of that political party upon all tickets throughout the state and in all subdivisions and municipalities thereof: Provided, That any state convention of said party may change said device or emblem by adopting any other in its stead that is not then in use by any other political party, and by filing with the secretary of state a certificate

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signed by the presiding officer and a secretary of said convention setting forth and showing, by a representation thereof, said newly adopted device or emblem and the action of said convention in reference thereto. Xo device or emblem shall be used or shown in making independent nominations. Xo political party shall select any device or emblem the same as, or similar to, or that is liable to be confounded with or mistaken for, the device or emblem then in use by any other political party. If, for any reason, no device or emblem shall be selected for a political party within thirty days from the taking effect of this act as herein provided, then it shall be lawful, until a state convention of said party shall be held, for the members of such party, in conventions, primary elections or caucuses held by them to make nominations, to select and use such devices or emblems as they prefer, subject to the provisions of this act; but it shall be the duty of the first state convention held by such party, and also the duty of the first state convention held by any political party hereafter organized, to select and file with the secretary of state, as hereinbefore provided, a device or emblem for said party, which shall continue to be used, or may be changed as herein provided. The device or emblem herein referred to may be the representation of a star, an animal, an anchor or other appropriate symbol, but neither the coat of arms nor seal of any state, nor of the United States, the national flag, nor any religious emblem or symbol, nor the portrait of any person, nor a representation of a coin or of the currency of the United States, shall be chosen as such distinguishing device or emblem. All certificates of nominations and certificates showing devices or emblems selected by or for a political party, when filed with the proper officer, shall be treated as public records and shall be open to public inspection, and certified copies thereof shall be received in evidence upon the same conditions and with the same effect as certified copies of other public records. If the same or substantially the same device or emblem shall be selected and filed by two or more political parties, or if written objections to any device or em-

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bleu) sel forth and Bhown in any certificate of Domination be made and filed by any person with the officer with whom Bueh device, emblem or certificate 1ms been tiled, such objections and all questions arising in reference to such devices and emblems shall be acted upon, considered and decided in accordance with the provisions ition 10 of the act of which this act is

amendatory, and by the several tribunals therein mentioned, and the decision of said tribunal shall be final. Where the decision of said tribunal is against the use of any device or emblem, the political parry against whom the decision is rendered may select and lile another device or emblem within five days after such decision is rendered, on the same conditions and through the same agencies by which the original device or emblem was >elected, or through which a vacancy on the ticket may be filled. If, after such decision, no new device or emblem be so selected and filed by such political party, the tribunal lendering the decision shall, immediately after the expiration of said five days, select another device or emblem for said party, which shall he printed on all its tickets. [Id., § 2699.]

Two or more factions of party. Sec. 18. If there be a division within a party, and two or more factions claim the same or substantially the same device, emblem, or party name, or if two or more conventions are called by different authorities, each claiming to represent the same party for that purpose, the several tribunals provided for in section 10 of the act of which this act is amendatory shall decide, in accordance with the provisions of said section, which of said factions or conventions is entitled to the use of the device, emblem, or party name, so that the same or substantially the same party name, device or emblem shall not appear more than once on the official ballot, and the decision of such tribunal shall he final. [Id., § 2699.]

Time for filing nominations. Sec. 19. Certificates of nomination and nomination papers for the nomination of candidates for offices to be filled by the electors of the entire state, or any division or district greater than a county, shall be filed with the secretarv of state not less than fortv clavs before the day fixed by law for the election for which the candidates are nominated. All other certificates for the nomination of candidates shall be filed with the county clerks of the respective counties not less than thirty days previous to the day of such elec L tion : Provided, That when the election is to fill a vacancy in the office of senator or member of the house of representatives which shall have occurred during, or within forty days prior to the commencement of, any session of the legislature, such certificates of nomination or nomination papers may be filed with the secretary of state or the proper county clerk not less than ten days prior to the election to fill such vacancy. The certificates of nomination and nomination papers for the nomination of candidates for the offices in cities shall be filed with the clerks of the cities not less than ten days previous to such election. [Id., § 2700.]

Same person can have but one nomination. Sec. 20 ~No person shall accept more than one nomination for the same office. Whenever any person shall receive two or more nominations for the same office at different dates, he shall be deemed to have accepted the nomination first made and to have declined the others, unless within the time limited for filing certificates of nomination he shall file in the office where such certificates of nomination are required to be filed a written statement, signed and sworn to by him, designating which one of such nominations he desires to accept; and upon the filing thereof he shall be deemed to have declined the other nominations. Whenever any person shall receive two or more nominations for the same office on the same date, it shall be his duty, within the time limited for the filing of certificates of nomination, to file with the officer with whom the certificates of nomination are filed a written statement, signed and sworn to by him, desig-. nating which one of such nominations he desires to accept, and upon the filing thereof he shall be deemed to have declined the other nominations ; and if he shall refuse or neglect to so file such an election, the officer with whom the certificates of nomination are filed shall, immediately upon the expiration of the

NAMING I A.NDIDA I I S.

time for the filing of certificates of Domination, make and file in his office an election of one nomination for such candidate. The officer charged with the printing of the official ballots shall print such candidate's name upon the official ballot under the designation so selected, bul under no other designation whatever. [Laws L903, ch. 228, § L]

Withdrawal of candidates. Sec. 21. Any person who has been nominated for an office mav cause his name to be withdrawn from nomination by his request in writing, signed by him and acknowledged before an officer qualified to take acknowledgments of deeds, and filed with the secretary of state not less than thirty days, or with the comity clerk not less than twenty days, or with the city clerk not less than eight days, previous to the day of election; and no name so withdrawn shall be printed on the ballots. All certificates of nomination, when filed shall be open under proper" regulations to public inspection, and the secretary of state, the several county clerks and city clerks having charge of such certificates shall preserve the same in their respective offices for one year after the election. [Id., § 1.]

Vacancy, how filled. Sec. 22. In case a candidate who has been duly nominated, under the provisions of this act. dies before election day, or declines the nomination as in this act provided, or should any certificate of nomination be held insufficient or inoperative by the officers with whom they may be filed, the vacancy or vacancies thus occasioned may be filled by the political party or the persons making the original nominations ; or, if the time is insufficient therefor, then the vacancy may be filled, if the nomination w T as by convention, primary, or caucus, in such manner as the convention, primary, or caucus had previously provided ; or in case of no such provisions, then by the regularly elected or appointed executive or central committee representing the political party or persons holding such convention, primary meeting, or caucus. The certificates of nominations made to supply such vacancy shall state, in addition to the facts hereinbefore required by this act, the name of

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the original nominee, the date of his death or declination of nomination, or the fact that the former nomination had been held insufficient or inoperative, and the measures taken in accordance with the above requirements for filling a vacancy, and it shall be signed and sworn to by the presiding officer and the secretary of the convention, primary, or caucus, or by the chairman and secretary of the duly authorized committee, as the case may be. [Gen. Stat. 1901. §2702.]

Objections to nominations. Sec. 23. The certificate of nomination and nomination papers being so filed, and being in apparent conformity with this act. shall be deemed to be valid, unless objection thereto is duly made in writing^ within three days from the date said papers are filed with the proper officers. Such objections or other questions arising in relation thereto, in the case of nominations of state officers or officers to be elected by the voters of a division less than a state, and greater than a county, shall be considered by the secretary of state, auditor of state and attorney-general, and a decision of a majority of these officers shall be final. Such objections or questions arising in the case of nominations for officers to be elected by the voters of a county or township, shall be considered by the county clerk, clerk of the district court and county attorney ; and the decision of a majority of said officers shall be final. Objections or questions arising in the case of nominations for city or incorporated town officers shall be considered by the mayor and clerk, with whom one councilman, chosen by a majority of the councilmen. shall act : and the decision of a majority of such officers shall be final. In any case where objection is made, notice shall forthwith be given, by the officer with whom the objections are filed, to the candidates affected thereby, addressed to their places of residence, as given in the nomination papers, and stating the time when — in no case to be more than five days, if a state or district officer, nor more than three days if a county officer — and the place where such objections will be considered. All mandamus proceedings to compel an officer to certify and place upon the ballot any name or names, and all injunction proceed-

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ings asking that said officers be restrained from certifying and placing upon the ballot any name or names, mus1 be commenced nor less than twenty days before the election. [Id., § 2703, |

Secretary of state to certify to clerks nomination to fill vacancy. Sec. 24. When such certificate is filed with the secretary of state, he shall, in certifying nominations to the various county clerks, insert the name of the person thus nominated to fill vacancy in place of the original nominee; and in the event that he has already sent forward his certificate, he shall forthwith certify to the clerks of the proper counties the name and description of the person so nominated to fill the vacancy, the office he is nominated for, with the other details mentioned in certificates of nomination filed with the secretary of state; he shall immediately certify the name so supplied to the authorities charged with the printing of the ballots. The name so supplied for the vacancy shall, if the ballots are not already printed, be placed on the ballots in place of the name of the original nominee ; or, if the ballots have been printed, new ballots, whenever practicable, shall be furnished. [Id., § 2704.]

Name, how changed on printed ballot. Sec. 25. Whenever it may not be practicable to have new ballots printed, it shall be the duty of the election officer having charge of the ballots, to place the name so supplied for the vacancy upon each ballot issued before delivering it to the voter ; the name* so supplied may be placed upon the ballots either by affixing a paster, or by writing or stamping the name upon the ballot; and to enable this to be done, the officer with whom the certificates of nomination are to be filed shall immediately furnish the name of such substituted nominee to all judges of election within the territory in which such nominee may be a candidate: Provided, That in all cases where the certificates of nomination or nomination papers are filed with the secretary of state he shall be required only to immediately furnish the name of such substituted nominee to the county clerks within said territory, and it shall then be the duty of the county clerk to furnish such information to the judges of election as hereinbefore stated. [Td., § 2705.]

Secretary of state shall certify nominations. Sec. 26. 'Not less than twenty days before an election to fill any public office, the secretary of the state shall certify to the county clerk of each county within which any of the electors may by law vote for the candidates for such office, the name and residence of each person nominated for such office, as specified in the certificates of nomination or nomination papers filed with the secretary of state. [Id., § 2706.]

Penalty for Irregularities. Sec. 27. Any person who shall falsely make, or willfully destroy any certificate of nomination, or nomination papers, or any part thereof, or any letter of withdrawal, or who shall file any certificate of nomination, or nomination papers, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination or nomination papers, or any part thereof which have been duly filed, or who shall forge or falsely make the official indorsement on any ballot, or who shall substitute therefor any spurious or counterfeit ballot, or who shall make, use, circulate or cause to be made, used or circulated as an- official ballot, or any paper printed in imitation or resemblance thereof, or who shall willfully destroy or deface any ballot, or who shall willfully delay the delivery of any ballots, shall upon conviction be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the penitentiary for not less than one year nor more than five years, or by both such fine and imprisonment. [Id., § 2722.]