Kansas Advisory Opinions October 13, 1976: AGO 76-324

Advisory Opinion Text

CURT T. SCHNEIDER Attorney General.

Mr. Larry Shoaf McDonald, Tinker, Skaer, Quinn & Herrington Suite 530, R. H. Garvey Building 300 West Douglas Avenue Wichita, Kansas 67202

Re: Elections-Candidates-Qualifications

Synopsis: Neither the county election officer nor any deputy thereof is authorized by law to determine whether persons who seek to declare their candidacy for public office possess the qualifications prescribed therefor by law or ordinance. Qualifications of candidates may be determined only pursuant to statutory challenge or contest proceedings, pursuant to K.S.A. 25-308 and -1411.

Dear Mr. Shoaf:

You request my opinion concerning which officer, if any, is empowered to determine whether a candidate possesses the qualifications prescribed by law or ordinance for the position to which such candidate seeks nomination or election.

Neither the county election officer nor any deputy county election officer, including the city clerk, is authorized by law to * determine the qualifications of persons who declare their candidacy for public office, or to exclude any person from ballot

position who has duly filed therefor, unless and until it is determined by a statutory proceeding, see, e.g., K.S.A. 25-308, that such candidate in fact lacks the qualifications prescribed by law or by ordinance.