25-1451. Final determination of contest of state representatives and senators; procedure before legislative body. - Kansas Statutes

25-1451

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

      25-1451.   Final determination of contest of state representatives andsenators; procedure before legislative body.(a) When a contest of election is for the office of state senator or memberof the house of representatives, the only question to be tried by the court,notwithstanding any other provision of law, shallbe the question of what number of legally cast votes each of the candidatesto the contested office received. The judge trying the proceedings shallmake findings of fact upon the question so tried. Further evidence uponthe points specified in the notice, including but not limited to the questionas to the eligibility of any person to office, shall be taken and preservedby the judge trying the contest, but the judge shall make no finding orconclusion thereon.The clerk of the district court shall transmit all the files and recordsof the proceedings with all the evidence taken to the president of the senateor the speaker of the house of representatives, as the case may be.

      (b)   In judging the election, returns and qualifications of any memberof the house of representatives or senate, in the absence of rules providingotherwise, the speaker or president shall appoint a select committee ofequal numbers of members of the two parties having the greatest number ofmembers of the entire senate or house of representatives as the case maybe, and shall also appoint the chairperson and vice chairperson of the selectcommittee. The select committee shall consider the files, records and evidencetransmitted from the court and shall hear the contestant and contestee andtheir respective counsel. Such select committee shall have powers of compulsoryprocess and laws applicablethereto shall apply, except that all hearings shall be open. The selectcommittee shall report to the full house of representatives or senate notlater than ten days after its appointment. Such report shall be set forthe special order of business within five legislative days from the date the reportis made. All members shall have access to files, records and evidence transmittedfrom the court at such reasonable times as determined by the full houseof representatives or senate. When the time of the special order of businessarrives the full house of representatives or senate except the contesteeshall determine, after debate thereon, the person who is the elected member.

      History:   L. 1978, ch. 138, § 18; July 1.