Laws governing local ballot measures in Kansas

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

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Laws Governing Ballot Measures

Kansas Constitution
Articles
Ordinance • Preamble • Bill of Rights 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15

All incorporated cities in Kansas have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Kansas. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 103 counties, 1,891 cities, towns, and villages, and 1,468 special districts.

Two counties operate under a unified government with a locality; Wyandotte County along with Kansas City, and Greeley County along with the City of Tribune.

School districts

See also: School bond and tax elections in Kansas

Bond elections
2018 • 2017 • 2016 • 2015 2014 • 2013 • 2012 • 2011 2010 • 2009 • 2008 All years and states
Property tax elections
2018 • 2017 • 2016 • 2015 2014 • 2013 • 2012 • 2011 2010 • 2009 • 2008 All years and states
See also
State comparisons How voting works Approval rates

School bond and tax elections in Kansas happen under two circumstances:

• To issue new bonding
• To exceed the capital outlay mill rate.

Local recall rules

Recall news
Recalls by state
Recalls by year
Recalls by type

The citizens of Kansas are granted the authority to perform a recall election by the Section 2 of Article 4 of the Kansas Constitution. The right of recall applies to all elective officers excepting judges.

The relevant statutes define two separate categories of elected officials that can be recalled. These are State Officers and Local Officers. National officeholders and judicial officers are not subject to recall.

• State Officers are those persons holding the following positions: Governor, State Senator, State Representative, State Board of Education Member, Secretary of State, Attorney General, State Treasurer, and Insurance Commissioner.

• Local Officers are defined as any other elected officials (excluding those not subject to recall). Procedures and requirements for recalling these officers are handled separately by each local jurisdiction.

For additional detail, see: Laws governing recall in Kansas

Initiative process availability

The local units of government in Kansas that make the initiative process available are:

• Cities: all 626 of which have ordinance initiative and charter ordinance referendum.
• Counties: all 103 of which have referendum for charter resolutions.

Authority

Constitution

Article 12, Section 5 of the Kansas Constitution gives cities the right to home-rule. The citizens have the mandated power of referendum regarding all charter ordinances. "Any city may by charter ordinance elect in the manner prescribed in this section that the whole or any part of any enactment of the legislature applying to such city, other than enactments of statewide concern applicable uniformly to all cities, other enactments applicable uniformly to all cities, and enactments prescribing limits of indebtedness, shall not apply to such city.(2) A charter ordinance is an ordinance which exempts a city from the whole or any part of any enactment of the legislature as referred to in this section and which may provide substitute and additional provisions on the same subject. Such charter ordinance shall be so titled, shall designate specifically the enactment of the legislature or part thereof made inapplicable to such city by the adoption of such ordinance and contain the substitute and additional provisions, if any, and shall require a two-thirds vote of the members-elect of the governing body of such city. Every charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper or, if there is none, in a newspaper of general circulation in the city.(3) No charter ordinance shall take effect until sixty days after its final publication. If within sixty days of its final publication a petition signed by a number of electors of the city equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the clerk of such city demanding that such ordinance be submitted to a vote of the electors, it shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon. An election, if called, shall be called within thirty days and held within ninety days after the filing of the petition."

Statutes

Chapter 19, Article 1, Sec. 1b of the Kansas Statutes mandates the power of charter referendum to all counties.

Chapter 12, Article 30, Sec. 13 of the Kansas statutes gives authority to cities to have a state prescribed initiative and referendum process for ordinances. This process is present in all Kansas cities unless explicitly denied by the city itself through a charter ordinance.

"Petition for proposed ordinance; requirements; passage or election; form of ballot; approval, effect; amendment or repeal; publication. (a) Except as provided in subsection (e), a proposed ordinance may be submitted to the governing body of any city accompanied by a petition as provided by this section. Such petition shall be signed by electors equal in number to at least 25% in cities of the first class, and 40% in cities of the second and third class, of the electors who voted at the last preceding regular city election as shown by the poll books and shall contain a request that the governing body pass the ordinance or submit the same to a vote of the electors. Such ordinance and petition shall be filed with the city clerk."

Initiative process features

A guide to local ballot initiatives

A state determined initiative and referendum process for ordinances is available in all cities. All Kansas cities have the authority to restrict or remove this process through charter ordinances. The initiative process is detailed in Kansas Statutes Chapter 12, Article 30, Section 13 and Chapter 25, Article 36.

City Initiative Process   Subject matter restrictions Petitions in Kansas are limited to a single subject. They may also not address administrative ordinances. Ordinances relating to a public improvement to be paid wholly or in part by the levy of special assessments. Ordinances subject to referendum or election under another statute. (Kansas Statutes 12-30-13 and Kansas Statutes 12-1-37) In addition, Police and Fire pension plans must conform to minimum standards as detailed in Kansas Statutes Chapter 12, Article 50. First class cities must conform to 13-14a and second class cities (if they choose to have a pension plan) must conform to 14-10a unless otherwise declared by charter amendment. (Kansas Statutes 12-50-01) Petition text approval Before the petition is circulated it must be submitted to the county attorney or counselor for an advisory on the legality of the petition. (Kansas Statutes 25-36-01) Signatures required Initiatives: In cities of the first class, 25% of the electors who voted at the last preceding regular city election as shown by the poll books are needed to sign the petition. In cities of the second and third class, 40%. (Kansas Statutes 12-30-13) Charter referendums: 10% of the electors who voted at the last preceding regular city election as shown by the poll books. Kansas Statutes 12-1-37 Petition appearance The proper format for the petition is as follows: State the question which petitioners seek to bring to an election; Name political subdivision in which election will be held; Contain following recital above signature spaces: "I have personally signed this petition. I am a registered elector of the state of Kansas and of (insert political subdivision) and my residence address is correctly written after my name." All this is followed by a blank space for signatures. (Kansas Statutes 25-36-01) Circulators Circulators must be qualified electors in the state of Kansas. Circulators must provide notary both in writing on the petition and in oral oath before an authorized officer. (Kansas Statutes 25-36-02) Time for circulation For initiative measures: 180 days from the date of the first signature. (Kansas Statutes 25-36-02d) For charter referendums: within 60 days of the publication of the ordinance in accordance with Kansas Statute 12-1-37. Process for approval Kansas municipalities have an indirect process for approving a petition, but the governing body is not allowed to alter the petition in any way. After the petition has been approved for form, the governing body must pass the ordinance without alteration within 20 days after the clerk's certification. Scheduling and out election results If they do not pass the ordinance within 20 days, they must call a special election, unless a regular city election is to be held within 90 days, and at this election they must submit the ordinance to the voters without alteration. A simple majority determines the outcome of the election. (Kansas Statutes 12-30-13)

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Individual city provisions   Witchita Population as of the July, 2011 census update: 384,445 Witchita is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Overland Park Population as of the July, 2011 census update: 176,185 Overland Park is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Kansas City Population as of the July, 2011 census update: 146,453 Kansas City is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Topeka Population as of the July, 2011 census update: 128,188 Topeka is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Olathe Population as of the July, 2011 census update: 127,907 Olathe is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Lawrence Population as of the July, 2011 census update: 88,727 Lawrence is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Shawnee Population as of the July, 2011 census update: 63,219 Shawnee is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Manhattan Population as of the July, 2011 census update: 53,678 Manhattan is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Lanexa Population as of the July, 2011 census update: 48,972 Lanexa is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above. Selina Population as of the July, 2011 census update: 47,910 Selina is a charter city and follows the state mandated initiative process of ordinances, which is found in the section above.

External links

• Research document of Kansas local I&R laws
• Kansas league of cities