City primary elections are held on the first Tuesday in April. Any person desiring to be a candidate for City office must file a statement of candidacy with the City Clerk on or before 12:00 pm of the Tuesday preceding by ten weeks the City general election (K.S.A. 25-2109:2110). In addition to the statement of candidacy, each candidate must also deliver to the City Clerk either a filing fee of $5 or a petition signed by 25 to 100 electors (depending on the population of the City) eligible to vote for the candidate or signed by a number of electors equal to 10% of the ballots cast and counted at the last City general election, whichever is less (K.S.A. 25-2110). No candidate is permitted to withdraw his or her candidacy after the filing deadline (K.S.A. 25-2106) The election polls are open from 7:00 am to 7:00 pm for all City elections unless different hours are set and publicly announced by the County Election Officer. In the event different hours are set, the polls must be open at least twelve consecutive hours commencing not earlier than 6:00 am and ending not later than 8:00 pm (K.S.A. 25-2111). At this time, all City elections are nonpartisan. Write-in candidates are not allowed at a City primary election, but they may be written in and voted for at a City general election (K.S.A. 25-2116). Minimum Legal Requirements for Holding Office State law sets forth some minimum requirements that each elected official is required to observe. All mayors and council members are required to take and sign an oath of office prior to taking office, whether elected to office or appointed to fill a vacant position (K.S.A. 54-106). This oath is typically administered by the City Clerk as is to be placed on file with the City Clerk. A re-elected officer should take the oath upon beginning a new term. The term of office shall commence with and include the first regular meeting of the Governing Body following the certification of the election (K.S.A. 25-2120). Oaths of office may be taken at any time after certification of the election results and prior to the time the officer assumes the duties of the office. State conflict of interest law (K.S.A. 75-4302a) requires every mayor and council member to file with the City Clerk a statement of substantial interest which discloses to the public the ownership by the officer or his or her spouse of certain personal financial interests. Every elected official should verify that their statement is on file in the City Clerk's office. Being elected to City office does not guarantee the holding of office until the end of the term of the elected official. Public officials must meet on-going qualifications set by statute or local ordinances in order to retain their elected offices. State law requires elected officials to maintain residency within the City limits at all times during the elective term. While death in office and voluntary resignation are the most obvious ways qualification is lost, there are other ways as well: Accepting an incompatible office or position. An elected official can unknowingly vacate his or her elected office by accepting election or appointment to a second office which is incompatible with the first. Offices are considered to be incompatible when performance of the duties of one office in some way interferes with duties of the other office in the sense that there is such an inherent inconsistency in the functions and duties of the two offices to make it difficult for one person to honestly and impartially execute the duties of both offices. The purpose of the rule against holding two incompatible offices is to assure that public officers will give their undivided loyalty in the discharge of their duties. Recall or ouster. The involuntary removal from office, by recall (K.S.A. 25-4301 et seq.) or by ouster (K.S.A. 60-1205 et seq.), ends the term of office. The process of recall is initiated by public petition and involves an election to determine whether the official retains the office. Ouster is a district court proceeding usually initiated by the county or district attorney. |