Election and procedure

18-301. Election and procedure. Laws 1861, chapter 19, sections 2, 4, 6, 7, 8 and 9, included by reference. [Relates to elections in the formation of new counties and other details in regard to putting the business of the county into operation.] History: L. 1861, ch. 19, §§ 2, 4, 6, 7, 8, 9; G.S. 1868, ch. 24, p. 249, §§ 2, 4, 6, 7, 8, 9; October 31; R.S. 1923, 18-301. CASE ANNOTATIONS 1. Person elected to fill vacancy holds over until regular election. Hagerty v. Arnold, 13 Kan. 367, 381. 2. Officer chosen at first election holds only for unexpired term. Odell v. Dodge, 16 Kan. 446, 448; The State, ex rel., v. Comm'rs of Hodgeman Co., 23 Kan. 264, 268. 3. County-seat election; failure to conform with statutory requirements; election invalid. The State, ex rel., v. Comm'rs of Harper Co., 34 Kan. 302, 303, 8 P. 417. 4. This act not affected by act of 1881, chapter 89. The State, ex rel., v. Comm'rs of Hamilton Co., 35 Kan. 640, 644, 11 P. 902. 5. Polls prematurely opened; election held invalid. The State, ex rel., v. Comm'rs of Seward Co., 36 Kan. 236, 241, 13 P. 212. 6. County commissioners cannot arbitrarily remove county seat. The State, ex rel., v. Harwi, County Clerk, 36 Kan. 588, 591, 14 P. 158. 7. Governor's duties as to new counties only partially ministerial. Martin, Governor, v. Ingham, 38 Kan. 641, 662, 17 P. 162. 8. Organization; false census returns; injunction against governor considered. Martin, Governor, v. Lacy, 39 Kan. 703, 705, 18 P. 951. 9. Term of office not affected by assuming duties in advance. Van Wye v. Clark, 41 Kan. 744, 745, 21 P. 802. 10. First election of officers; length of term considered. Killion v. Herman, 43 Kan. 37, 40, 22 P. 1026. 11. Section cited in considering tenure of office of school director. The State, ex rel., v. Egan, 111 Kan. 81, 83, 206 P. 326. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026