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25-306. Acceptance of multiple nominations prohibited, exceptions; enforcement by secretary of state for state elected offices and county election officers for county and township offices. (a) No person may accept more than one nomination for the same office.

(b) (1) If a person has: (A) Received and accepted a party nomination pursuant to K.S.A. 25-302, and amendments thereto; (B) filed a declaration of intention to become a candidate for an office pursuant to K.S.A. 25-206, and amendments thereto; or (C) filed a valid nomination petition to be an independent candidate pursuant to K.S.A. 25-303, and amendments thereto, such person shall not become a candidate for a different political party or as an independent candidate for office at a general election through either of the two procedures not previously used by such person unless such person has satisfied the provisions of paragraph (2).

(2) A person who has met one of the conditions described in paragraph (1) shall only become a candidate for a different political party or as an independent candidate for office at a general election through one of the other procedures described in paragraph (1) if, prior to the filing deadline established by K.S.A. 25-205, and amendments thereto, such person has: (A) Declined a party nomination pursuant to K.S.A. 25-306e, and amendments thereto; (B) withdrawn from candidacy after nomination pursuant to K.S.A. 25-306a, and amendments thereto; or (C) withdrawn from a nomination pursuant to K.S.A. 25-306b, and amendments thereto.

(c) The provisions of this section shall be enforced by the secretary of state for all federal and state elected offices and by the appropriate county election officer for all county and township elected offices.

History: L. 1893, ch. 78, § 8; L. 1897, ch. 129, § 8; L. 1901, ch. 177, § 5; L. 1903, ch. 228, § 1; R.S. 1923, 25-306; L. 1955, ch. 205, § 1; L. 1968, ch. 406, § 93; L. 1970, ch. 135, § 3; L. 1999, ch. 105, § 6; L. 2025, ch. 104, § 3; July 1.

Attorney General's Opinions:

Simultaneous candidacies; simultaneous nomination to same office. 84-86.

Partisan election of members of city council; acceptance of more than one nomination to same office; name only once on ballot. 97-20.

A person may not run for the same office as the nominee of more than one political party or, if the person previously filed a declaration of intention to become a candidate or a nomination petition, as the nominee of a different party than that indicated in the prior filing. Likewise, a person may not file a declaration of intention to become a candidate or nomination petition for an office if the person has already accepted a nomination by a different party for the same office. 2024-6.

CASE ANNOTATIONS

1. Vice-presidential candidate cannot prevent use of name. Breidenthal v. Edwards, 57 Kan. 332, 46 P. 469.

2. Cited; party not nominating candidate at primary cannot fill vacancy. District Party Committee v. Ryan, 152 Kan. 509, 511, 106 P.2d 261.

3. Section inapplicable to primary nominations. State v. Tipton, 166 Kan. 145, 148, 199 P.2d 463.


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