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25-1436. Grounds for contest. Any contest of election to which K.S.A. 25-1435, and amendments thereto, applies shall be brought on any one or more of the following grounds:

(a) The person to whom a certificate of election was issued was ineligible to hold such office at the time of the election;

(b) some voters were deprived of the right of voting for a candidate or on a question submitted, when such voters had the right under the election laws of this state to vote thereon, and such deprival could change the result of the election;

(c) illegal votes were received or legal votes were rejected which could change the result of the election;

(d) error or fraud occurred in computing the results of the election which could change the result of the election;

(e) the person to whom the certificate of election was issued offered or gave, or caused to be offered or given, a bribe to any person charged by law with any election duty, for the purpose of procuring such person's election; or

(f) any other cause which shows that another was the person to whom the certificate of election for such office should have been issued.

History: L. 1978, ch. 138, § 3; L. 1985, ch. 121, § 1; March 28.

Attorney General's Opinions:

Voter registration; application form; alteration by applicant. 95-27.

School district election candidates; member district; residence; change of election method. 95-62.

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

Election of members of boards of education under voting plan-B; validity of nomination petition. 1999-15.

Primary elections; persons qualified to file objections. 1999-23.

CASE ANNOTATIONS

1. Cited; constitutionality of mail ballot election act (K.S.A. 25-431 et seq.) examined and upheld. Sawyer v. Chapman, 240 Kan. 409, 411, 415, 729 P.2d 1220 (1986).

2. In election contests, contestant must plead and prove irregularities changed the result of the election. Thomason v. Stout, 267 Kan. 234, 236, 978 P.2d 918 (1999).


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