Summary
The Kansas Supreme Court considered whether the signature threshold for a local-official recall petition is calculated using the most recent general election before the petition is filed or the election preceding circulation of the petition. The court held that the relevant election is the general election for the office held before circulation of the recall petition, and it reversed and remanded with instructions to proceed with the recall election.
Topics
Practice areas
Questions Presented
- Whether the phrase "the last general election" in K.S.A. 25-4325 refers to the general election preceding approval and commencement of circulation of the recall petition or to an intervening general election occurring before the completed petition is filed.
Holdings
- The phrase "the last general election" in K.S.A. 25-4325 refers to the general election for the office of the local official sought to be recalled that occurred before circulation of the recall petition, as established when the recall committee first submits the petition for approval. An intervening general election before filing the completed petition does not change the required number of signatures.
Key quotations
“Where a state constitutional provision provides for tire recall of public officials, recall is viewed as a fundamental right which the people have reserved to themselves. When the power of recall is a fundamental right, statutes governing the exercise of the power are to be liberally construed in favor of the ability to exercise it, and any Kmitations on that power must be strictly construed.” (at 758-759)
“For the reasons stated above, we construe together all of the provisions of K.S.A. 25-4318 et seq. and hold that the term “the last general election” in K.S.A. 25-4325 refers only to the general election for the office of the local officer sought to be recalled held prior to the circulation of the recall petition.” (at 760)
Factual background
Gary Glenn was elected to a Ward 4 council position in Merriam, Kansas, in April 1999, when 424 votes were cast for the office. Richards began a recall petition, and the recall grounds were approved on January 17, 2001, allowing 90 days to collect signatures. Before Richards filed the petition, an April 3, 2001, general election was held for the other Ward 4 council position, with 675 votes cast; Richards filed 181 signatures on April 16, 2001. The election officer deemed the petition insufficient because 40 percent of the intervening election's votes required 270 signatures.
Procedural history
Richards initiated a recall petition against Merriam, Kansas, city councilman Gary Glenn. After an intervening general election for the other council position in the same ward, Richards filed the petition with 181 signatures. The Johnson County election officer rejected it as requiring 270 signatures based on the intervening election. The district court upheld that determination on summary judgment. The Supreme Court of Kansas reversed and remanded with instructions to proceed with the recall election.
Remand instructions
The district court was instructed to order the Johnson County election officer to proceed with the recall election as statutorily provided.