Kansas Statutes 25-4715. Appointment of arbitrator; when
(a) If the secretary of state does not render a final determination within 90 days after the complaint is filed, or within any extension to which the complainant consents, the complaint shall be resolved under this section.
(b) Within five days after a final determination was due, the secretary of state shall designate the name of an arbitrator to resolve the complaint. The designation shall be in writing and provided to both the complainant and respondent.
Terms Used In Kansas Statutes 25-4715
- Arbitrator: means a neutral third party selected by the secretary of state who resolves the dispute between the complainant and respondent, and whose decision is final. See Kansas Statutes 25-4703
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(c) The arbitrator may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but shall not receive additional testimony or evidence.
(d) The arbitrator shall issue a written resolution within 10 days after the secretary of state’s determination was due. The final resolution of the arbitrator shall be mailed to the secretary of state, the complainant, and each respondent, and published on the secretary of state website. Pursuant to paragraph (3) of subsection (c) of Kan. Stat. Ann. § 77-603, and amendments thereto, the determination of the arbitrator under this section shall be final and shall not be subject to review under the Kansas judicial review act.