Kansas Statutes 25-4709. Hearing; notice; dismissal without hearing
Terms Used In Kansas Statutes 25-4709
- Complainant: means the person who files a complaint with the Kansas secretary of state under this act. See Kansas Statutes 25-4703
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Respondent: means any state or local election official whose actions are asserted to be in violation of title III in a complaint filed under this act. See Kansas Statutes 25-4703
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Except as provided in subsection (c), if requested by the complainant, the secretary of state shall conduct a hearing on the record to review the complaint. The secretary of state or other person designated by the secretary of state shall serve as the hearing officer.
(b) The hearing shall be conducted no later than 30 days after the secretary of state receives the complaint. The secretary of state shall give at least five days advance notice of the date, time, and place of the hearing to the complainant and each named respondent.
(c) After reviewing a complaint and giving all inferences to the complainant, the secretary of state, after consultation on such complaint with the attorney general, may dismiss the complaint without a hearing if the complaint fails to allege facts that assert a violation of title III.