Attorney General Opinion No. 1994-025 PDF Download
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Author: Robert T. Stephan
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District court rule 3.324 does not sanction the practice of nonjudicial officers admitting persons in custody to bail. Rather, the court has determined bond amounts and types of bonds for certain crimes and the nonjudicial officers are charged merely with executing the court's mandate. K.S.A. 22-2814 et seq. do not authorize the practice of allowing a defendant to post 10% of the bond amount with the clerk of the district court. Furthermore, it is not permissible for a court to retain any portion of a cash deposit for the purpose of bond, however, the "fee" which the third judicial district is currently collecting from the defendants is not a "fine, penalty, or forfeiture" pursuant to K.S.A. 1993 Supp. 20-350 and, therefore, does not have to be turned over to the state treasurer. K.S.A. 22-2809 requires that a court release a surety on the bond if the latter surrenders the defendant and requests discharge from the obligation. Consequently, a court may not impose a condition in the bond obligation which requires that a surety remain liable on the bond until the criminal proceeding is over. Paragraph 15 of the district court rule requires that the court's order reflect the type of bond procedure that the defendant is using. Cited herein: K.S.A. 1993 Supp. 20-350; 22-2802; K.S.A. 22-2809; 22-2814; Kan. Const., art. 2, sec. 16.
Author: Robert T. Stephan
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Languages : en
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District court rule 3.324 does not sanction the practice of nonjudicial officers admitting persons in custody to bail. Rather, the court has determined bond amounts and types of bonds for certain crimes and the nonjudicial officers are charged merely with executing the court's mandate. K.S.A. 22-2814 et seq. do not authorize the practice of allowing a defendant to post 10% of the bond amount with the clerk of the district court. Furthermore, it is not permissible for a court to retain any portion of a cash deposit for the purpose of bond, however, the "fee" which the third judicial district is currently collecting from the defendants is not a "fine, penalty, or forfeiture" pursuant to K.S.A. 1993 Supp. 20-350 and, therefore, does not have to be turned over to the state treasurer. K.S.A. 22-2809 requires that a court release a surety on the bond if the latter surrenders the defendant and requests discharge from the obligation. Consequently, a court may not impose a condition in the bond obligation which requires that a surety remain liable on the bond until the criminal proceeding is over. Paragraph 15 of the district court rule requires that the court's order reflect the type of bond procedure that the defendant is using. Cited herein: K.S.A. 1993 Supp. 20-350; 22-2802; K.S.A. 22-2809; 22-2814; Kan. Const., art. 2, sec. 16.
Author: Robert T. Stephan
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The legislature has recognized various technologies which may be used in counting and tabulating votes cast by electors. The ability to use stickers for the purpose of casting a vote for a write-in candidate and the form such stickers must take is dependent in part on the type of technology used in counting and tabulating votes. If the voter's intent can be derived from the ballot despite the fact the ballot does not contain a mark in the square to the left of the write-in candidate's name, the ballot should be counted. Cited herein: K.S.A. 25-601; 25-612; 25-619; 25-1301; 25-1330; 25-2706; 25-2902; 25-2903; 25-4401; 25-4404; 25-4406; 25-4409; 25-4410; 25-4601; 25-4604; 25-4609; 25-4613; K.A.R. 7-29-2.
Author: Robert T. Stephan
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Because of the prohibition contained in K.S.A. 25-1904, a person may not concurrently serve as a member of the state board of education and a member of a local board of education. Cited herein: K.S.A. 25-1904.
Author: Robert T. Stephan
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A political party precinct committee is an integral part of the election mechanism; it is not a legislative or administrative agency of the state, or local government, nor is it subordinate to such a body. Therefore, a political party precinct committee is not a public body within the meaning of the Kansas open meetings act and is therefore not subject to the act's requirements. Cited herein: K.S.A. 25-3801; 25-3807; 25-3808; 25-3902; 25-3904; 75-4318.
Author: Robert T. Stephan
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The question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A. 25-620, unless otherwise specifically provided. The question set forth in the petition must be preceded by the phrase "Shall the following be adopted." Cited herein: K.S.A. 25-601; 25-605a; 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sec. 3.
Author: Robert T. Stephan
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The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
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The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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The petition submitted to the city of Lawrence and setting forth a proposed ordinance establishing term limitations does not fulfill the requirements of K.S.A. 25-3602 and is, therefore, invalid because it does not state the question which the petitioners seek to bring to an election. The proposed ordinance establishing term limitations contains both legislative and administrative provisions and, therefore, is not a proper subject of an initiative petition and may not be submitted to a referendum. The severability clause is ineffective to sever the administrative provision from the legislative provision. A proposed ordinance which establishes term limitations will not affect a Lawrence city ordinance establishing terms of office because a term limitation acts as a qualification for running for office. Cited herein: K.S.A. 12-1001; 12-1006; 12-1017; 12-3013; 13-1501; 25-620; 25-3602.
Author: Robert T. Stephan
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An advisory election may be conducted on the date of a primary or general election, provided the polling places for the advisory election are not within 250 feet of the entrance of polling places for a primary or general election. Conduct of an advisory election within 250 feet of polling places for a primary or general election continues to constitute disorderly election conduct unless the advisory election is called pursuant to specific authorization by law or pursuant to the exercise of home rule powers, and unless the county election officer will conduct the advisory election. Election judges and clerks appointed pursuant to K.S.A. 25-2801 may not distribute, collect, or count ballots for an advisory election. Cited herein: K.S.A. 19-3419; 19-3422; 25-2413; 25-2504; 25-2801; 25-2906; L. 1985, ch. 118, sec. 11; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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In an election to approve a tax levy increase, a watershed district formed pursuant to K.S.A. 24-1201 et seq., must determine who is a landowner for purposes of establishing "qualified elector" status. By statute, the tax rolls establish satisfactory evidence of title when furnished by the county clerk as a record of ownership, K.S.A. 24-1203. When, however, a qualified landowner's identity appears as et ux., et vir. or et al. on the tax rolls, the election judge may challenge such voter's qualifications using the general conduct of election laws found at K.S.A. 25-407 et seq. If challenged, the landowner must establish the right to vote by presenting a copy of the recorded deed identifying the person as a landowner. Cited herein: K.S.A. 24-1201; 24-1202; 24-1203; 24-1219; 25-407; 25-410; 25-414; 25-2601; 25-2908; 54-101; 54-104.
