Session of 1999
         
HOUSE BILL No. 2499
         
By Committee on Judiciary
          
2-12
          
  9             AN  ACT concerning district court judges and district magistrate judges;
10             relating to the election thereof; amending K.S.A. 25-202, 25-206, 25-
11             212 and 25-3901 and K.S.A. 1998 Supp. 25-205 and 25-213 and re-
12             pealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 25-202 is hereby amended to read as follows: 25-
16       202. (a) Except as otherwise provided in subsection (b) this section, all
17       candidates for national, state, county and township offices shall be nom-
18       inated by: (1) A primary election held in accordance with article 2 of
19       chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
20       or (2) independent nomination petitions signed and filed as provided by
21       existing statutes law.
22             (b) Candidates for any of such offices who are members of any po-
23       litical party whose candidate for governor did not poll at least 5% of the
24       total vote cast for all candidates for governor in the preceding general
25       election shall not be entitled to nomination by primary election but shall
26       be nominated by a delegate or mass convention according to article 3 of
27       chapter 25 of the Kansas Statutes Annotated, and amendments thereto.
28             (c) No candidate for any national, state, county or township office
29       shall file for office as a partisan candidate in a primary election and also
30       file for office as an independent candidate for any national, state, county
31       or township office in the general election immediately following.
32             (d) The provisions of article 2 of chapter 25 of the Kansas Statutes
33       Annotated, and amendments thereto, shall not apply to the: (1) Justices
34       of the supreme court or; (2) to judges of the district court in judicial
35       districts which have approved the proposition of nonpartisan selection of
36       district court judges, as provided in K.S.A. 20-2901 and amendments
37       thereto, nor to special elections to fill vacancies; or (3) district magistrate
38       judges.
39             Sec.  2. K.S.A. 1998 Supp. 25-205 is hereby amended to read as fol-
40       lows: 25-205. (a) Except as otherwise provided in this section, the names
41       of candidates for national, state, county and township offices shall be
42       printed upon the official primary ballot when each shall have qualified to
43       become a candidate by one of the following methods and none other:
44             (1) They Candidates shall have had filed in their behalf, on their
45       behalf nomination petitions as provided by law. Such nomination petitions
46       shall be filed not later than 12:00 noon, June 10, prior to such primary
47       election, or if such date falls on Saturday, Sunday or a holiday, then before
48       12:00 noon of the next following day that is not a Saturday, Sunday or a
49       holiday, nomination petitions, as provided for in this act, except that in
50       1998, candidates for judge or district magistrate judge of the district court
51       for positions created in 1998 in those judicial districts that have not ap-
52       proved the proposition of nonpartisan selection of judges of the district
53       court shall have filed in their behalf, not later than 12:00 noon, July 1,
54       1998, nomination petitions, as provided for in this act; or
55             (2) they candidates shall have filed not later than the time for filing
56       nomination petitions, as above provided, with the proper officer a dec-
57       laration of intention to become a candidate, accompanied by the fee re-
58       quired by law. Such declaration shall be filed within the time specified by
59       paragraph (1). Such declaration shall be prescribed by the secretary of
60       state.
61             (b) Nomination petitions shall be in substantially the following form:
62             I, the undersigned, an elector of the county of
, and state of Kansas, and
63       a duly registered voter, and a member of ______ party, hereby nominate
,
64       who resides in the township of ________ (or at number ________ on ________
65       street, city of ________), in the county of ________ and state of Kansas, as a
66       candidate for the office of (here specify the office) ________, to be voted for at the
67       primary election to be held on the first Tuesday in August in ________, as representing
68       the principles of such party; and I further declare that I intend to support the candidate
69       herein named and that I have not signed and will not sign any nomination petition for any
70       other person, for such office at such primary election.
71      
(HEADING)
72       Name ofStreet Number
Name of
Date of
73       Signers.or Rural Route
City.
Signing.
74       (as registered).
75             All nomination petitions shall have substantially the foregoing form,
76       written or printed at the top thereof. No signature shall be counted unless
77       it is upon a sheet having such written or printed form at the top thereof.
78             (c) Each signer of a nomination petition shall sign but one such pe-
79       tition for the same office, and shall declare that such person intends to
80       support the candidate therein named, and shall add to such person's sig-
81       nature and residence, if in a city, by street and number (if any); or, oth-
82       erwise, if any, or by post-office address. No signature shall be counted
83       unless the place of residence of the signer is clearly indicated and the
84       date of signing given as herein required and. If ditto marks are used to
85       indicate address, they shall be continuous and clearly made. Such sheets
86       shall not be cut or pasted together.
87             (d) All signers of each separate nomination petition shall reside in the
88       same county and election district of the office sought. The affidavit de-
89       scribed in this paragraph of a qualified elector who resides in such county
90       and election district or of the candidate shall be appended to each petition
91       and shall contain, at the end of each set of documents carried by each
92       circulator, a verification, signed by the circulator or the candidate, to the
93       effect that such circulator or the candidate personally witnessed the sign-
94       ing of the petition by each person whose name appears thereon. The
95       person making such affidavit shall be duly registered to vote.
96             (e) Except as otherwise provided in subsection (g), Nomination pe-
97       titions shall be signed:
98             (1) If for a state officer elected on a statewide basis or for the office
99       of United States senator, by voters equal in number to not less than 1%
100       of the total of the current voter registration of the party designated in the
101       state as compiled by the office of the secretary of state;
102             (2) If for a state or national officer elected on less than a statewide
103       basis, by voters equal in number to not less than 2% of the total of the
104       current voter registration of the party designated in such district as com-
105       piled by the office of the secretary of state, except that for the office of
106       district magistrate judge, by not less than 2% of the total of the current
107       voter registration of the party designated in the county in which such
108       office is to be filled as certified to the secretary of state in accordance
109       with K.S.A. 25-3302, and amendments thereto;
110             (3) If for a county office, by voters equal in number to not less than
111       3% of the total of the current voter registration of the party designated
112       in such district or county as compiled by the county election officer and
113       certified to the secretary of state in accordance with K.S.A. 25-3302, and
114       amendments thereto; and
115             (4) If for a township office, by voters equal in number to not less than
116       3% of the total of the current voter registration of the party designated
117       in such township as compiled by the county election officer and certified
118       to the secretary of state in accordance with K.S.A. 25-3302, and amend-
119       ments thereto.
120             (f) Subject to the requirements of K.S.A. 25-202, and amendments
121       thereto, any political organization filing nomination petitions for a major-
122       ity of the state or county offices, as provided in this act, shall have a
123       separate primary election ballot as a political party and, upon receipt of
124       such nomination petitions, the respective officers shall prepare a separate
125       state and county ballot for such new party in their respective counties or
126       districts thereof in the same manner as is provided for existing parties.
127             (g)  (1) In the year 1992, if new boundary lines are defined and dis-
128       tricts established in the manner prescribed by law on or after the effective
129       date of this act and on or before May 10, 1992, for the offices of repre-
130       sentative in the United States congress, senator and representative in the
131       legislature of the state of Kansas, and member of the state board of ed-
132       ucation, nomination petitions for nomination to such offices shall be
133       signed by voters equal in number to not less than 1% of the total of the
134       current voter registration of the party designated in the district as com-
135       piled by the office of the secretary of state.
136             (2) In the year 1992, if new boundary lines are defined and districts
137       established in the manner prescribed by law on or after May 11, 1992,
138       nomination petitions for nomination to the following offices shall be
139       signed by registered voters of the party designated in the district equal
140       in number to not less than the following:
141       (A)For the office of representative in the UnitedStates congress 1,000 registered voters;
142       (B)for the office of member of the state board ofeducation 300 registered voters;
143       (C)for the office of state senator 75 registered voters; and
144       (D)for the office of state representative 25 registered voters.
145             (h)  (1) In the year 1992, if new boundary lines are defined and dis-
146       tricts established in the manner prescribed by law for the offices of rep-
147       resentative in the United States congress, senator and representative in
148       the legislature of the state of Kansas, and member of the state board of
149       education, on or before June 12, 1992, the deadline for filing nomination
150       petitions and declarations of intention to become a candidate for such
151       office, accompanied by the fee required by law, shall be June 24, 1992.
152             (2) In the year 1992, if new boundary lines are defined and districts
153       established in the manner prescribed by law for the offices of represen-
154       tative in the United States congress, senator and representative in the
155       legislature of the state of Kansas, and member of the state board of ed-
156       ucation, on or after June 13, 1992, the deadline for filing nomination
157       petitions and declarations of intention to become a candidate for such
158       office, accompanied by the fee required by law, shall be July 14, 1992.
159             Sec.  3. K.S.A. 25-206 is hereby amended to read as follows: 25-206.
160       (a) Except as provided in subsection (b), When a candidate in lieu of
161       nomination petitions files a declaration of intention to become a candidate
162       for any national, state, county or township office in lieu of nomination
163       petitions, the accompanying fee shall be in an amount as follows: For the
164       office of United States senator, United States representative from any
165       district or at large, all state offices, and all county offices, where the salary
166       is over $1,000 per year, a sum equal to 1% of one year's salary as deter-
167       mined by the secretary of state for state and national offices, and as de-
168       termined by the county election officer for county offices. For all county
169       offices where the salary is $1,000 or less, a fee of $5; for a state senator,
170       $75; for representatives, $50; for all township offices, $1. Nothing in this
171       act shall be construed as requiring any fee of a candidate filing a decla-
172       ration of intention to become a candidate for precinct committeeman or
173       precinct committeewoman. The officer receiving the funds shall turn
174       them over to the state treasurer, if deposited with the secretary of state,
175       or to the county treasurer, if deposited with the county election officer,
176       and the funds shall become a part of the general fund of the respective
177       government.
178             Such declaration shall be prescribed by the secretary of state and shall
179       be attested before:
180             (1) A county election officer or deputy county election officer in the
181       case of county and township offices, and before;
182             (2) a county election officer, the secretary of state or a deputy of one
183       of such officers in the case of state and national offices, and; and
184             (3) a notary public in the case of precinct committeemen and
185       committeewomen.
186             (b) When a candidate for the office of district magistrate judge, in
187       lieu of nomination petitions, files a declaration of intention to become a
188       candidate for such office, the declaration shall be in the same form and
189       subject to the same method of attestation as provided for other state
190       officers in subsection (a) and the required fee to accompany the decla-
191       ration shall be $100.
192             Sec.  4. K.S.A. 25-212 is hereby amended to read as follows: 25-212.
193       In case there are nomination petitions or declarations of intention to
194       become a candidate on file for more than one candidate or for more than
195       one pair of candidates for governor and lieutenant governor, of the same
196       party for any national or state office, the secretary of state shall divide the
197       state or appropriate part thereof, into as many divisions as there are names
198       to go on such party ballot for that office. Such divisions shall be as nearly
199       equal in number of members of such party as is convenient without di-
200       viding any one county. In making such division the secretary of state shall
201       take the alphabetical list of counties in regular order until the secretary
202       of state gets the required proportion of party members of such party
203       based upon the party affiliation lists as shown by the certificates of the
204       respective county election officers, and so on through the list of counties
205       until the secretary of state gets the proper proportion of party members
206       in each division. The secretary of state shall also shall take the alphabetical
207       list of candidates or pairs of candidates in regular order and in certifying
208       to the county election officer the list of names for whom nomination
209       petitions or declarations of intent to become a candidate have been filed,
210       shall place one name or pair of candidates at the head of the list in the
211       first division of counties, another in the second division, and so on with
212       all the candidates for any particular office, so that every candidate or pair
213       of candidates for any office shall be at the head of the list in one division
214       of the state and second in another division thereof, and so forth. When,
215       in the case of candidates for the office of congressman, district judge,
216       district magistrate judge, state senator, state representative or state board
217       of education member, the secretary of state finds that the secretary of
218       state cannot get a fair proportion of party members to give each candidate
219       for congressman, district judge, district magistrate judge, state senator,
220       state representative or state board of education member in any given
221       district an equitable or fair opportunity to have the candidate's name first
222       on the ballot in the respective counties of the district, the secretary of
223       state shall order the county election officers in the various counties of the
224       district to rotate the names of the candidates for such district offices
225       according to precinct. If voting machines are used the arrangement of
226       names of candidates or pair of candidates for all offices on the voting
227       machines shall be rotated, as near as may be, according to precinct.
228             The arrangement of the names certified by the secretary of state shall
229       govern the county election officer in arranging the primary election ballot,
230       and the county election officer in preparing the ballot for such officer's
231       county shall follow the same arrangement as provided in this section for
232       the secretary of state, for the candidates nominated for county offices,
233       using the township and precincts of the county in making the division.
234             Sec.  5. K.S.A. 1998 Supp. 25-213 is hereby amended to read as fol-
235       lows: 25-213. At all national and state primary elections, the national and
236       state offices as specified for each in this section shall be printed upon the
237       official primary election ballot for national and state offices and the county
238       and township offices as specified for each in this section shall be printed
239       upon the official primary election ballot for county and township offices.
240       The official primary election ballots shall have the following heading:
241      
OFFICIAL PRIMARY ELECTION BALLOT
242      
________ Party
243             To vote for a person whose name is printed on the ballot make a cross or check mark in
244       the square at the left of the person's name. To vote for a person whose name is not printed
245       on the ballot, write the person's name in the blank space, if any is provided, and make a
246       cross or check mark in the square to the left.
247             The words national and state or the words county and township shall
248       appear on the line preceding the part of the form shown above.
249             The form shown shall be followed by the names of the persons for
250       whom nomination petitions or declarations have been filed according to
251       law for political parties having primary elections, and for the national and
252       state offices in the following order: United States senator, United States
253       representative from ____ district, governor and lieutenant governor, sec-
254       retary of state, attorney general, state treasurer, commissioner of insur-
255       ance, senator ____ district, representative ____ district, district judge
256       ____ district, district magistrate judge ____ district, district attorney
257       ____ judicial district, and member state board of education ____ dis-
258       trict. For county and township offices the form shall be followed by the
259       names of persons for whom nomination petitions or declarations have
260       been filed according to law for political parties having primary elections
261       in the following order: commissioner ____ district, county clerk, trea-
262       surer, register of deeds, county attorney, sheriff, surveyor, township trus-
263       tee, township treasurer, township clerk. When any office is not to be
264       elected, it shall be omitted from the ballot. Other offices to be elected
265       but not listed, shall be inserted in the proper places. For each office there
266       shall be a statement of the number to vote for.
267             To the left of each name there shall be printed a square. Official pri-
268       mary election ballots may be printed in one or more columns. The names
269       certified by the secretary of state or county election officer shall be
270       printed on official primary election ballots and no others. In case there
271       are no nomination petitions or declarations on file for any particular of-
272       fice, the title to the office shall be printed on the ballot followed by a
273       blank line with a square, and such title, followed by a blank line, may be
274       printed in the list of candidates published in the official paper. No blank
275       line shall be printed following any office where there are nomination
276       petitions or declarations on file for the office except following the offices
277       of precinct committeeman and precinct committeewoman. Except as oth-
278       erwise provided in this section, no person's name shall be printed more
279       than once on either the official primary election ballot for national and
280       state offices or the official primary election ballot for county and township
281       offices. No name that is printed on the official primary election ballot as
282       a candidate of a political party shall be printed or written in as a candidate
283       for any office on the official primary election ballot of any other political
284       party. If a person is a candidate for the unexpired term for an office, the
285       person's name may be printed on the same ballot as a candidate for the
286       next regular term for such office. The name of any candidate on the ballot
287       may be printed on the same ballot as such candidate and also as a can-
288       didate for precinct committeeman or committeewoman. No name that is
289       printed on the official primary election ballot for national and state offices
290       shall be printed or written in elsewhere on such ballot or on the official
291       primary election ballot for county and township offices except for precinct
292       committeeman or committeewoman. No name that is printed on the of-
293       ficial primary election ballot for county and township offices shall be
294       printed or written in on the official primary election ballot for national
295       and state offices or elsewhere on such county and township ballot except
296       for precinct committeeman or committeewoman.
297             No person shall be elected to the office of precinct committeeman or
298       precinct committeewoman where no nomination petitions or declarations
299       have been filed, unless the person receives at least five write-in votes. As
300       a result of a primary election, no person shall receive the nomination and
301       no person's name shall be printed on the official general election ballot
302       when no nomination petitions or declarations were filed, unless the per-
303       son receives votes equal in number to not less than 10% of the electors
304       who voted for the office of secretary of state at the last preceding general
305       election for such office in the state, county or district in which the office
306       is sought, except that a candidate for township office may receive the
307       nomination and have such person's name printed on the ballot where no
308       nomination petitions or declarations have been filed if such candidate
309       receives three or more write-in votes. No such person shall be required
310       to obtain more than 5,000 votes.
311             Sec.  6. K.S.A. 25-3901 is hereby amended to read as follows: 25-
312       3901. As used in this act, unless the context otherwise requires, the words
313       and terms defined in article 25 of chapter 25 of Kansas Statutes Annotated
314       shall have the meaning therein ascribed thereto, to the extent that the
315       same are not in conflict with the following:
316             (a) "District office" means the office of district judge, district mag-
317       istrate judge, county commissioner, state representative, state senator,
318       district attorney or county attorney.
319             (b) "Party" means a political party having a state and national organ-
320       ization and of which the officer or candidate whose position has become
321       vacant was a member.
322             (c) "Party candidacy" means a candidate of a political party for a party
323       nomination at a primary election or the party candidate at a general
324       election.
325             (d) "General election" means the election held on the Tuesday suc-
326       ceeding the first Monday in November in even-numbered years.
327             (e) "Primary election" means the election held on the first Tuesday
328       in August in even-numbered years.
329             (f) "County chairman" or "county chairperson" means the chairper-
330       son of the county central committee, provided to be elected under K.S.A.
331       25-3802, and amendments thereto, of the political party of which the
332       officer or candidate whose position has become vacant was a member.
333             New Sec.  7. (a) A person may become a candidate for election to the
334       office of district court judge or district magistrate judge by either one of
335       the methods provided in this subsection.
336             (1) Any person who is an elector of the district may file a petition to
337       be a candidate for district court judge or district magistrate judge. Any
338       such person shall file with the secretary of state a petition for the candi-
339       dacy of such person signed by not less than 200 electors residing in such
340       district.
341             (2) Any person who is an elector of the district may become a can-
342       didate for district court judge or district magistrate judge by filing in the
343       office of the secretary of state a declaration of intent to be such a can-
344       didate and payment of a filing fee in the amount of $100.
345             (b) Any such petition or declaration of intent filed by a candidate to
346       run in the primary election held in accordance with K.S.A. 25-203, and
347       amendments thereto, shall be filed no later than 12:00 noon, June 10,
348       prior to such primary election, or if such date falls on Saturday, Sunday
349       or a holiday, then before 12:00 noon of the next following day that is not
350       a Saturday, Sunday or a holiday.
351             New Sec.  8. (a) Elections of district court judges and district mag-
352       istrate judges shall be nonpartisan and laws applicable only to partisan
353       elections shall not apply in such elections. All laws applicable to elections,
354       the violation of which is a crime, shall be applicable to elections of district
355       court judges and district magistrate judges.
356             (b) Except as is provided in subsection (a), laws applicable to elections
357       of state officers shall apply to elections of district court judges and district
358       magistrate judges to the extent that the same are not in conflict with the
359       provisions of this act.
360             New Sec.  9. (a) No primary election for district court judge or district
361       magistrate judge shall be held unless by holding such primary one or more
362       persons will be eliminated as candidates for such office. In the event there
363       are not more than two candidates for any one office, the names of the
364       candidates for such office shall not appear on the primary election ballots,
365       and there shall be no primary election for such office, but the names of
366       such candidates shall be placed on the general election ballot.
367             (b) The names of the two candidates receiving the greatest number
368       of votes for the office of district court judge or district magistrate judge
369       at the primary election shall appear on the ballots in the general election.
370             (c) On the ballots at the general election, blank lines for the names
371       of write-in candidates shall be printed at the end of the list of candidates
372       for office. The purpose of such blank lines shall be to permit the voter to
373       insert the name of any person not printed on the ballot for whom such
374       voter desires to vote for such office. No blank lines for write-in candidates
375       shall appear on primary election ballots.
376             New Sec.  10. The names of candidates appearing on the ballots in
377       primary and general elections for district court judge or district magistrate
378       judge shall be listed in the various possible orders in rotation. 
379       Sec.  11. K.S.A. 25-202, 25-206, 25-212 and 25-3901 and K.S.A. 1998
380       Supp. 25-205 and 25-213 are hereby repealed.
381        Sec.  12. This act shall take effect and be in force from and after its
382       publication in the statute book.