72-5419. Same; conduct of election for determination; conditions; run-off election. - Kansas Statutes

72-5419

Chapter 72.--SCHOOLS Article 54.--TEACHERS' CONTRACTS

      72-5419.   Same; conduct of election for determination; conditions; run-offelection.If the secretary does not dismiss a petition filed under K.S.A.72-5417 and determines that it is necessary to direct and conduct asecret ballot election in order to resolve the questions raised bythe petition, thesecretary shallorder the election held and shall determine the eligibility of professionalemployees to vote at the election.The secretary shall basehis or her determination of the questions raised by the petition upon theresult favored by the majority of the professional employees who vote atthe election if at least a majority of the eligible professional employeesvote. If less than a majority of the eligible professional employeesvote at any election conducted under this section, the status of the professionalemployees with regard to representation prior to the election is maintained.The name of aprofessional employees' organization shall not appear onthe ballot unless (a) theprofessional employees' organization has submitted to the secretarysatisfactory evidence demonstrating that at least thirty percent (30%)of the professional employees in the appropriate unit are members ingood standing of such organization, or (b) the professional employees' organizationis the currently recognized exclusive representative. In addition to thename of any professional employees' organization entitled to be containedthereon, the ballot in the election shall contain the choice of "no representation."When an election in which the ballot contains three (3) or more choicesresults in no choice receiving a majority of the votes cast, thesecretary shall conduct a run-off election by secret ballot. The ballotin a run-off election shall only provide for a selection between the twochoices receiving the largest and second largest number of votes in theoriginal election. The secretary shall certify the result of the electionto the parties involved therein.

      History:   L. 1970, ch. 284, § 7; L. 1977, ch. 248, § 5; L. 1980,ch. 220, § 6; July 1.