IV - 1
Chapter IV. Candidates
Revised 7/17/19
This chapter focuses on candidates for national, state, county, township, city, school board,
and community college offices. Consult specific statutes for rules governing the election
of other offices, such as boards of directors of drainage districts, water districts, fire
districts and hospital districts.
a. Nominations
A candidate must be nominated to run in the general election. Nominations occur in several
ways and filing as a candidate for nomination occurs in several ways.
Partisan elections in even-numbered years
There are three ways for a candidate to be nominated to seek election in the general
election. Two involve party nominations and the third is a nonpartisan, or independent,
nomination.
1. Nomination at the primary election
The statutory definition of which parties may participate in the primary is: any political
party whose candidate for governor polled at least 5% of the total votes cast in the most
recent general gubernatorial election. [KSA 25-202(b)] Historically, this has applied only to
Democratic and Republican candidates. This is the only option for these candidates to be
nominated to represent their respective parties in the general election.
Only voters who are officially affiliated with a given party may vote in the partisan primary
election [KSA 25-202] unless a given party opts to allow other voters to participate in its
primary. The laws do not require candidates running for a given party’s nomination to be
affiliated with the party on the official voter registration/party affiliation list. The voters in
the party are free to nominate whomever they want to represent the party in the general
election; they are not limited to nominating a member of their party.
2. Nomination by a minor party
Minor parties, or third parties, that have obtained official recognition, nominate candidates
at state conventions. The conventions are conducted entirely by the party organization and
according to party rules. State laws say little about the conventions, other than establishing
a deadline for candidate nominations to be certified to the Secretary of State. The
certification to the Secretary of State includes all candidates nominated by the party’s
convention, including national, state, county and township offices. The statutory deadline
Kansas Election Standards
IV - 2
is the same as the filing deadline for primary candidates: noon on June 1 of the election
year, or the next business day if June 1 is a weekend or holiday.
Minor party candidates do not run in the primary; they go directly onto the general election
ballot, having already received their parties’ nominations at the conventions.
[KSA 25-302]
3. Independent nomination
This option is for candidates who are not affiliated with any of the recognized political
parties. Independent candidates must be nominated by petition. [KSA 25-303] The deadline
for filing their petitions is noon the day before the primary election. The primary election
is on the first Tuesday in August. Independent candidates do not run in the primary; they
go directly onto the general election ballot. [KSA 25-305]
The filing deadline on the day before the primary election prevents so-called “sore loser”
campaigns where a candidate who loses in the primary election runs as an independent
candidate in the general election for the same office.
If no candidate files for the primary, a write-in candidate may be nominated by receiving
write-in votes equal to 5% of the total number of registered voters in that election district,
based on figures compiled by the Secretary of State. For purposes of determining ballot
access requirements, such as candidate petition signature requirements, the Secretary of
State uses voter registration figures as certified to the Secretary of State by the respective
CEOs on August 1 of the year preceding the election year. The exception is for township
offices, where only three write-in votes are required. No candidate may be required to
receive more than 5,000 write-in votes to be nominated. [KSA 25-213]
If a person receives more than one nomination for the same office, the person must choose
which nomination to accept. [KSA 25-306]
Nonpartisan elections in odd-numbered years
Elections for local school board and city offices are normally held in the fall of odd-
numbered years. [KSA 25-2010, 25-2107] Some cities have exercised their home rule authority
and adopted charter ordinances establishing other schedules, including annual elections
and even-numbered year elections. School districts do not have home rule power and thus
must conduct their elections according to the schedule prescribed in law.
The fall city and school board elections are nonpartisan. [KSA 25-2009] The filing deadline
for municipal offices is June 1
st
at noon, and if there are three or fewer candidates for a
particular office, no primary is held. In that case, the general election ballot contains up to
three names and a write-in blank for each position to be filled.
If more than three candidates file for a position, a primary is required to reduce the number
of candidates to two for the general election. The primary is held on the first Tuesday in
August and the general election is the first Tuesday following the first Monday in
November. [KSA 25-2021, 25-2108a]
Chapter IV. Candidates
IV - 3
b. Candidate Filings
1. National and state offices
Candidates for national and state offices must file with the Secretary of State’s office.
Democratic and Republican candidates intending to run in the partisan primary in August
have a choice of filing by fee or petition. Whichever method they choose, the filing
documents and fee (if applicable) must be received in the Secretary of State’s office before
the filing deadline in order for the candidate to be on the primary election ballot. If they
file by fee, they must complete a Declaration of Intention to be a candidate, sign it and have
their signature attested by an official in the Secretary of State’s office or by the CEO or
deputy. Therefore, the candidate may choose to complete their paperwork and have their
signature attested in the county election office rather than traveling to Topeka, but it is still
the candidate’s responsibility to ensure that the proper documents are filed with the
Secretary of State before the deadline. [KSA 25-205, 25-305]
2. County, township and local offices
Candidates for county, township and municipal offices file with their respective CEOs.
[KSA 25-2110(a), 25-2110a(a)]
3. Political party precinct committee positions
Candidates for precinct committeeman and committeewoman for the Democratic and
Republican parties are elected at the national/state primary in August of even-numbered
years. They file notarized Declarations of Intention with their respective CEOs. No filing
fee is required. [KSA 25-3801]
c. Candidate Qualifications
The qualifications a person must possess to hold elective office vary widely. For some
offices, such as Secretary of State and State Treasurer, there are no constitutional or
statutory qualifications, while for some, such as state legislator or county commissioner,
there are very specific qualifications found either in the Kansas Constitution or various
statutes, or both.
One example of a county office with specific requirements that the CEO must be aware of
is sheriff. Each candidate for sheriff must be fingerprinted in the presence of the CEO at
the time of filing. The election officer sends the fingerprints to the Kansas Bureau of
Investigation for a background check. If the background check exposes a felony conviction
or liquor or narcotics violation, the person is not qualified to run for the office. [KSA 19-826]
When a prospective candidate for any office inquires about the qualifications for an office,
or during the review process after the filing period, the specific constitutional or statutory
provisions must be consulted in order to determine the validity of candidate filings.
Kansas Election Standards
IV - 4
QUALIFICATIONS OF FEDERAL CANDIDATES AND
OFFICEHOLDERS
U.S. President: [U.S Const Art 2, Sec 1, Cl 5]
• Age 35 when taking office
• Natural born citizen
• Permanent resident for at least 14 years
Disqualifications for President:
• No person can be elected president more than twice. [U.S. Const Amend 22]
• Upon conviction in impeachment cases, the U.S. Senate may disqualify
convicted individuals from federal office. [U.S. Const Art I, Sec 3, Cl 7]
• No person who swore an oath to support the Constitution, and later rebelled
against the United States, can become president. [U.S. Const Amend 14, Sec 3]
U.S. Senator: [U.S. Const Art 1, Sec 3, Cl 3]
• Age 30 when taking office
• 9 years a citizen
• Inhabitant of that state
U.S Representative: [U.S. Const Art 1, Sec 2, Cl 2]
• Age 25 when taking office
• 7 years a citizen
• Inhabitant of that State (not required to be an inhabitant of the district)
Note: “Inhabitant of that state” is not the same concept as “resident” of a state
QUALIFICATIONS OF STATE CANDIDATES AND
OFFICEHOLDERS
Office Sought
Statutes
Resident and
Elector at
Time of Filing
Resident and
Elector on
Election Day
Elector
Upon
Taking
Office
Resident
Upon Taking
Office
Other
Qualifications
State Offices
Governor and
Lt. Governor
25-101a
YES
Age 25 at filing
Secretary of State
25-101a
YES
Attorney General
25-101a
YES
licensed to practice
law in Kansas
Insurance Commissioner
25-101a; 40-109
YES
YES
YES
well versed &
experienced in the
business of insurance
State Treasurer
25-101a
YES
State Board of Education
25-1903,
72-245
YES
YES
Senators and
KS Const.
YES
YES
YES
YES
Chapter IV. Candidates
IV - 5
Representatives
Art. 2 Sec. 4
District Court Judges
*See KSA 20-331(b) if
district has established
residency requirements
20-331, -334,
25-312a
YES
Some district
residency
requirements,
some county
requirements.
*KSA Chap. 4,
Article 2 contains
individual district
qualifications.
District Magistrate
Judges
*See KSA 20-331(b) if
district has established
residency requirements
20-331, -334,
25-312a
YES
Some district
residency
requirements,
some county
requirements.
*KSA Chap. 4,
Article 2 contains
individual district
qualifications.
District Attorney
22a-102
YES
Nomination as
district attorney:
admitted to practice
law in Kansas for 5
years - or –
been a county
attorney, asst
county/district
attorney for 3 years
preceding
County Offices
Commission
19-202, -203
YES
YES
YES
YES
Clerk
19-301, -303
Must be a county
resident if filling a
vacancy
Treasurer
19-501, -504
Attorney
19-701, -715
Sheriff
19-801b, 804, 826b
YES
YES
YES
YES
High school
graduate,
fingerprinted for
background check,
no convictions
Register of Deeds
19-1201, -1203
Local Offices
School Board
25-2020, -2022a
YES
YES
Community College
Board of Trustees
71-1407, -1414
YES
YES
Township Offices
80-202
YES
YES
YES
City Offices
1st Class Cities
Note: Most 1
st
class cities have exempted themselves from state election laws by invoking home rule under the
Kansas Constitution, Article 12, Section 5. The city of Emporia is one exception. Most laws pertaining to 1
st
class city elections have been repealed. Candidate qualifications are established by the individual cities.
Second- and third-class cities also may individually charter out of statutory qualifications by invoking home
rule. City charter ordinances must be consulted to determine if the following statutory provisions are in effect.
Kansas Election Standards
IV - 6
Office Sought
Statutes
Resident and
Elector at
Time of Filing
Resident and
Elector on
Election Day
Elector Upon
Taking
Office
Resident
Upon Taking
Office
Other
2
nd
Class Cities
City Manager
YES
YES
YES
Commission
14-1301
YES
YES
YES
Mayor-Council
14-109, -204,
-205
YES
YES
YES
Modified
Mayor-Council
12-10a02
YES
YES
YES
3
rd
Class Cities
City Manager
YES
YES
YES
Commission
15-1401
YES
YES
YES
Mayor-Council
15-209
YES
YES
YES
Modified
Mayor-Council
12-10a02
YES
YES
YES
Political Party
Precinct Persons
25-3801
YES
YES
YES
YES
d. Candidate Filing
The deadline for party candidates to file for national, state, county and township offices is
noon on June 1 of the year of the election. If June 1 is a weekend, the deadline is noon on
the next business day. The June deadline applies to Democratic and Republican primary
candidate filings and to minor party conventions, whose officers must certify their
nominees to the Secretary of State by noon on June 1. [KSA 25-205, 25-305]
Independent candidates for national, state, county and township offices must file their
nomination petitions with the appropriate officers by noon on the day before the August
primary election. [KSA 25-305]
The filing deadline for candidates for city and school board and community college boards
of trustees elections is noon on June 1 of the year of the election. If June 1 is a weekend,
the deadline is noon on the next business day. [KSA 25-2007]
Following is a chart of filing requirements for most candidates. Each election year the
Secretary of State’s office releases information containing specific dollar amounts for
fees and signature requirements for petitions.
CANDIDATE FILING REQUIREMENTS
Filing Fees Petition Requirements
Office
Fee
GEC/SOS
Fee*
Total Fee
Party
Candidates
Independent
Candidates
US President/
Vice President
N/A
N/A
N/A
N/A
5,000
Chapter IV. Candidates
IV - 7
US Senator
1% of
salary
$20
1% + $20
1% of party
5,000
US Representative
1% of
salary
$20
1% + $20
2% of party
Lesser of 4%
or 5,000
Governor / Lt.
Governor
1% of
salary
$670
1% + $670
1% of party
vote for SOS
5,000
Secretary of State
1 % of
salary
$670
1% + $670
1% of party
5,000
Attorney General
1% of
party
$670
1% + $670
1% of party
5,000
State Treasurer
1% of
party
$670
1% + $670
1% of party
5,000
Commissioner of
Insurance
1% of
party
$670
1% + $670
1% of party
5,000
State Senator
$75
$70
$145
2% of party
4% of voters
State
Representative
$50
$70
$120
2% of party
4% of voters
State Board of
Education
$25
$70
$95
200 voters
200 voters
Supreme Ct. / Ct.
of Appeals
N/A
$20
$20
N/A
N/A
District Judge
1% of
salary
$70
1% + $70
2% of party
4% of voters
Dist. Magistrate
Judge
$100
$70
$170
2% of party
4% of voters
District Attorney
1% of
salary
$70
1% + $70
5% of vote
for SOS
5% of vote
for SOS
County Officers
$5 or
1% of
salary
$50
$55 or
1% + $50
3% of party
4% of voters
Township Officers
$1
N/A
$1
3% of party
Lesser of 10 or
5% of voters
* The Governmental Ethics Commission receives a statutory $50 campaign finance report fee from
candidates for state and county offices except retention judges. The Secretary of State receives a statutory
$20 administrative fee from candidates for all state and national offices except president.
Note: In redistricting years (2022, 2032, 2042, etc.) the filing deadline may be set on a date
other than June 1, depending on when redistricting is completed. [KSA 25-205(h)] The
redistricting process may also reduce the petition requirements for candidates who file by
petition. [KSA 25-205(g)]
e. Determining the Validity of Nominations
For many offices it is the responsibility of the CEO to determine the validity of the filings.
Determining the validity may include checking the Declaration of Intention for
completeness, determining the sufficiency of a petition, determining whether a check
written for a filing fee clears the bank, or determining whether a candidate possesses the
necessary qualifications for office.
The CEO has three days from the date of a candidate filing for county office, township
office, precinct committee position, local school board, or city office to determine its
validity. [KSA 25-208a(b)]
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IV - 8
For national and state offices, the filings are made with the Secretary of State’s office, and
a period of ten business days is allowed for determination of their validity. [KSA 25-208a(a)]
If a filing is determined to be invalid, the candidate may file an objection. [KSA 25-308] If
a filing is determined to be valid, another person may file an objection if they believe the
filing to be invalid. (See Section d below.)
f. Candidate Withdrawals
A candidate who has filed for any office may withdraw before the candidate filing deadline
by submitting a notarized written statement of withdrawal. [KSA 25-306a] After the filing
deadline and after the primary, a candidate for national, state, county or township office
who does not wish to be a candidate may only withdraw from nomination if:
(1) the nominee certifies to the secretary of state of a severe medical hardship on
the nominee or nominee’s immediate family. The nominee shall send the secretary of state
a certification of the severe medical hardship signed by a medical doctor; or
(2) the nominee certifies to the secretary of state that the nominee does not reside
in the state of Kansas. [KSA 25-306b(b)]
Candidate withdrawals create vacancies in candidacies, which in the case of party
candidacies are filled by party district convention. [KSA 25-3904, 25-3904a] There is no
provision in law for replacing independent candidates if they withdraw. Likewise, there is
no provision in law for replacing candidates in nonpartisan races.
g. Candidate Deaths
Whether a vacancy in a candidacy can be filled, and the procedure for doing so, depend on
the timing of the vacancy. If a vacancy in a party candidacy occurs after the candidate filing
deadline but before the primary, leaving the party with no candidate in the primary election,
the party chooses a successor candidate. [KSA 25-3906] If a vacancy in a party candidacy
occurs after the primary, the party chooses a replacement candidate. [KSA 25-3905]
After the primary, if a candidate who has been nominated for a national, state, county or
township office dies before September 1, the Secretary of State or the CEO notifies the
party chair within 48 hours. [KSA 25-306b(c)]
The law does not contain special provisions for a death which occurs late in the process
after ballots have been printed. Generally, if it is possible to reprint the ballots, the CEO
should do so. If it is too late to reprint but the ballots can be corrected by hand and voters
can be instructed about the change in the ballot, that should be done. “Correcting by hand”
usually means obliterating the incorrect information with a marker and hand-writing the
correct information on each ballot. In such cases the election board workers should be
instructed to inform voters of the ballot correction.
Chapter IV. Candidates
IV - 9
If ballots are not hand-corrected, it is left to the voters to decide which candidates are
qualified and to vote for their choice.
There is no provision in law concerning the death of an independent candidate for national,
state, county or township office or for the death of a candidate for city or school board or
other nonpartisan office.
h. Write-in Candidates
At any general election, write-in blanks are provided on the ballot for each office. At
primary elections, write-in blanks are provided only if no candidates filed for the office.
[KSA 25-213]
In some cases where more than one position is filled on the same governing body (ex: local
school board, city council, community college board of trustees), the number of write-in
blanks equals the number of positions to be filled. [KSA 25-612]
A person who is not a filed candidate who wishes to run as a write-in candidate may simply
announce to the voters that he/she is a write-in candidate and conduct a campaign to secure
their votes the same as any other candidate. Of particular concern is telling voters where
on the ballot to write the candidate’s name and spelling it correctly so that the voter’s intent
is not questioned.
No filing document is required of write-in candidates for most offices, the exception being
certain statewide offices. The law requires write-in candidates for president/vice president
and all state offices elected on a statewide basis to file affidavits of write-in candidacy with
the Secretary of State by noon on the second Monday preceding the general election in
order to have their write-in votes tabulated and reported as part of the official election
results. This applies to the offices of President/Vice President of the United States,
Governor/Lieutenant Governor, Secretary of State, Attorney General, State Treasurer and
Commissioner of Insurance. [KSA 25-305, 25-305b] It does not apply to U.S. Senator or U.S.
Representative.
When a candidate files an affidavit of write-in candidacy with the Secretary of State, the
CEOs are required to report write-in votes for the candidate, and the official election
abstracts are prepared so as to include the candidate’s name.
If a write-in candidate for statewide office does not file the affidavit, election officers are
not required to tabulate and report the write-in votes cast for that candidate for that office.
[KSA 25-3002(c), (d), (e)]
For local candidates and others not required to file affidavits of write-in candidacy, the
CEO and the Secretary of State must be aware of write-in candidacies as they occur,
because write-in candidates can win elections. Write-in candidacies are recognized in
Kansas law, and all that is required to win an election is to obtain more votes than the other
candidates for that office.
Kansas Election Standards
IV - 10
Write-in candidates for any office are subject to the regular campaign finance reporting
requirements of the office for which they are running. (See also Section IV e.)
i . Objections
An objection is a method to review the validity of a candidate filing or nomination. It may
occur at either of two points in the election process:
(1) after the candidate files for office [KSA 25-208a], or
(2) after the candidate wins a party’s nomination. [KSA 25-308]
An objection at the time the candidate files for office may occur in one of two ways:
(1) a person other than the candidate files an objection, [KSA 25-308(a)(1)] or
(2) the candidate files an objection if the CEO or the Secretary of State determines
the candidate’s filing to be invalid. [KSA 25-208a(c), KSA 25-308(a)(2), (b)]
Any person may file an objection after the candidate is issued a certificate of nomination
after the primary.
The deadline for filing any objection is:
(1) three days after the date of the candidate’s filing, or
(2) three days after the determination of invalidity by the election officer, or
(3) three days after the date of the issuance of the certificate of nomination after a
primary.
Note: The date of issuance of the certificate of nomination varies by office. Certificates for
local offices are issued after the county canvass. Certificates for national and state offices
are issued after the state canvass several weeks later.
[KSA 25-308(a)]
Objections to nominations for national and state offices are filed with the Secretary of State.
Objections to nominations for local offices are filed with the CEO.
The grounds for filing an objection are the same as the grounds for contesting a general
election in court: [KSA 25-308(e), 25-1436]
(1) the candidate is ineligible to hold the office
(2) one or more eligible voters were deprived of the right to vote
(3) illegal votes were received or legal votes were rejected
(4) error or fraud occurred in computing the results of the election which could
change the outcome of the election
(5) the candidate bribed an election officer, or
(6) any other cause showing that a different candidate should have won.
For national and state offices, objections are decided by the state objections board,
consisting of the Lieutenant Governor, Secretary of State and Attorney General. For
county, township, city and school offices, objections are decided by the county objections
board, consisting of the CEO, county or district attorney and an elected county official
whose position is not involved in the controversy. The latter official is designated by the
CEO. [KSA 25-308(c)]
Chapter IV. Candidates
IV - 11
By their nature, objections are filed during the election process at a time when it is urgent
that the matter be concluded and the process of printing ballots and preparing for election
day continue without delay. According to the law, the objections board makes its decision
by majority vote, and the decision is final. There is no provision in the law for appellate
review by a court of a decision by the objections board. [KSA 25-308(c)] In extraordinary
cases alleging bad faith, fraud, arbitrary action, corruption or oppression an action for quo
warranto, mandamus or injunction may be brought. Courts have held that the objections
board is a quasi-judicial body. This gives the objections board more authority than a mere
administrative body. It possesses broad powers to investigate facts, weigh evidence and
draw conclusions as a basis for official action. The purpose is to decide cases as they arise
and get on with the process of conducting the election.
j. Campaign Finance
Once a person files as a candidate or announces his/her candidacy, the candidate must
follow all campaign finance rules pertaining to the office for which the candidate is
running. The rules vary with the office, but they may limit the size of contributions, the
source of contributions, the way funds are spent, and set the time and location of filing
reports of receipts and expenditures.
Candidates for national offices file with the Federal Election Commission according to
federal laws and regulations. The Secretary of State maintains access to the FEC reports
via the Internet, as provided by federal law. The public may view the reports on computer
equipment in the Secretary of State’s office or via the Internet on their personal computers.
Candidates for state offices file periodic finance reports with the Secretary of State. [KSA
25-4148] Oversight of the campaign finance system for state candidates is exercised by the
Kansas Governmental Ethics Commission. In campaign finance and ethics issues, the rules
include candidates for first class city offices, school districts of more than 35,000 students
(one district in Sedgwick County) and the Board of Public Utilities in Wyandotte County.
Candidates for local offices file their reports with the CEO. [KSA 25-901] This includes
county and township offices, all school districts except one in Wichita, and all second- and
third-class cities. These candidates file reports 30 days after the primary and 30 days after
the general election. If they anticipate receiving or spending less than $1,000, they may file
an affidavit of exemption no later than the ninth day before the primary election. In this
case they do not have to file finance reports unless their receipts or expenditures rise above
$1,000, at which time they are subject to the reporting requirements. [KSA 25-904]
Electronic campaign finance
The Secretary of State maintains an electronic campaign finance system for use by state-
level candidates, parties and political action committees. Candidates for statewide office
are required to file reports electronically. [KSA 25-4148] Candidates for district offices (not
statewide offices) have the option of filing electronically. If they choose not to file
electronically, they may file on paper or by fax. The electronic system provides greater
Kansas Election Standards
IV - 12
public access to the receipts and expenditures by allowing anyone with a computer and
Internet access to view the reports free.
k. Political Parties
A political party must be officially recognized by the Secretary of State before being
allowed to nominate candidates for elective office or participating in the Kansas electoral
process. As of this writing there are three recognized parties: Democratic, Republican, and
Libertarian. [KSA 25-302a]
Official Recognition [KSA 25-302a]
A party seeking official recognition in Kansas must submit a petition to the Secretary of
State by noon on June 1 of the year of the first election in which they plan to participate.
The petition must contain the signatures of registered voters in the state equal to two
percent of the total votes cast for all candidates for governor at the most recent general
election at which the office of governor was elected.
Upon submission of a petition, the Secretary of State sends photocopies to the CEO in each
county in which signatures were collected. The respective CEOs have 20 days to review
the signatures, compare them to their signature files, and certify to the Secretary of State
the number of valid signatures contained on their portion of the petition. The Secretary of
State determines the overall sufficiency of the petition and informs the petitioners of the
decision in writing.
Certain groups are forbidden from becoming recognized political parties. [KSA 25-116, 25-
117]
(For more on petitions to obtain official political party recognition, see Section V a 5.)
Loss of Official Recognition
A recognized political party must meet two requirements at each national/state general
election in order to maintain its official status: (1) it must nominate a candidate for at least
one office elected on a statewide basis, and (2) at least one such statewide candidate of the
party must receive at least 1% of the total votes cast for the office. If a party does not meet
either requirement in a given election, the Secretary of State notifies CEOs that the party
is no longer recognized. [KSA 25-302b] Registered voters affiliated with the party are
subsequently listed as unaffiliated on the county voter registration list. [KSA 25-302c]
Party Contact Information
The following information may be used to contact any of the political parties currently
recognized in Kansas. This information might become outdated at any time, and parties are
not required to keep current information on file with the state.
RECOGNIZED POLITICAL PARTIES IN KANSAS
CONTACT INFORMATION
