Kansas Statutes 25-4713. Determination
(a) If there has been no hearing, the secretary of state shall review the record and determine whether a violation of title III has been established by a preponderance of evidence. Pursuant to paragraph (3) of subsection (c) of Kan. Stat. Ann. § 77-603, the determination of the secretary of state shall be final and shall not be subject to appeal pursuant to the Kansas judicial review act.
(b) At the conclusion of any hearing, the secretary of state shall determine whether a violation of title III has been established by a preponderance of evidence. The determination of the secretary of state shall be final and shall not be subject to the Kansas judicial review act.
Terms Used In Kansas Statutes 25-4713
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(c) If the complaint is not timely filed or if the secretary of state determines that a violation has not occurred or that there is insufficient evidence to establish a violation, the secretary of state shall dismiss the complaint.
(d) The secretary of state shall explain in a written decision the reasons for the determination and for any remedy selected.
(e) Except as specified in Kan. Stat. Ann. § 25-4715, and amendments thereto, unless the complainant consents in writing to an extension of time, the final determination of the secretary of state shall be issued within 90 days after the complaint is filed. The final determination shall be mailed to the complainant and each respondent and published on the secretary of state website.
(f) If the secretary of state cannot make a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be referred for final resolution under Kan. Stat. Ann. § 25-4715, and amendments thereto. The record compiled pursuant to Kan. Stat. Ann. § 25-4708, and amendments thereto, shall be made available for use under Kan. Stat. Ann. § 25-4715, and amendments thereto.