25-1448. Final determination of contest of person elected to office; disposition by court; applicability of section. - Kansas Statutes

25-1448

Chapter 25.--ELECTIONS Article 14.--CONTEST OF ELECTIONS

      25-1448.   Final determination of contest of person elected tooffice; disposition by court; applicability of section.Upon final determination of a contest of an election to an office by thecourt, after the time for appeal thereof specified in K.S.A.25-1450, and amendments thereto, has expired, or in case of an appeal,upon the final judicialdetermination of the contest, if the contestant succeeds in the contest,the court may invalidate and revoke any election certificate which hasbeen issued to the contestee, and the secretary of state or countyelection officer authorized to issue the certificate of election shallissue the certificate to the person the court finds is entitled thereto;except that in cases where the court has found that the contestantprevails in the contest on the grounds provided for in subsection (a),(b), (c) or (e) of K.S.A. 25-1436, and amendmentsthereto, then the court may orderanother election for such office to be held within 45 daysafter the date of such order or may make such other orders as the courtdeems appropriate. This section shall not apply to any contest of theoffice of state senator or member of the house of representatives.

      History:   L. 1978, ch. 138, § 15;L. 1985, ch. 121, § 2; March 28.