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A refresher in the recall process in Kansas

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November 30, 2011

TOPEKA, Kansas: The citizens of Kansas are granted the authority to perform a recall election by the Section 2 of Article 4 of the Kansas Constitution. The right of recall applies to all elective officers excepting judges.

The relevant statutes define two separate categories of elected officials that can be recalled. These are State Officers and Local Officers. National officeholders and judicial officers are not subject to recall.

State Officers are those persons holding the following positions: Governor, State Senator, State Representative, State Board of Education Member, Secretary of State, Attorney General, State Treasurer, and Insurance Commissioner.

On the other hand, local Officers are defined as any other elected officials (excluding those not subject to recall). Procedures and requirements for recalling these officers are handled separately by each local jurisdiction.

No recall election - once held - can be made void due to the insufficiency of the grounds, application, or petition by which the submission was originally procured.

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