The Honorable Blake Carpenter
AGO 2020-9
No. 2020-9
Kansas Attorney General Opinion
State of Kansas Office of the Attorney General
August 26, 2020
The
Honorable Blake Carpenter
State
Representative, 81st District
1300 E.
Meadowlark Bvld., Apt. 2203
Derby,
KS 67037
The
Honorable Susan Humphries
State
Representative, 99th District
8
Sagebrush St.
Wichita,
KS 67230
Re:
Elections—Primary Elections—Official Primary
Election Ballots; Minimum Number of Votes Required for
Election or Nomination
Synopsis:
The basis for determining the number of write-in votes
required for a person’s name to appear on the general
election ballot is the total of the current voter
registration designated in the state, county or district in
which the office is sought. Cited herein: K.S.A. 2019 Supp.
25-205; 25-213; 25-3301.
Dear
House Majority Whip Carpenter and House Majority Caucus Chair
Humphries:
As
State Representatives for the 81st and 99th Districts,
respectively, you request our opinion regarding the basis for
determining the number of write-in votes required in the
primary election for a person’s name to be printed on
the general election ballot as a political party’s
candidate for state, county or district office. You ask
whether the basis is the number of registered members of a
political party, as those are the only electors who may vote
for candidates in a party’s primary
election.1
K.S.A.
2019 Supp. 25-205 provides two methods through which a
person’s name may be printed on the official primary
ballot; the person may file nomination petitions signed by
the requisite number of electors or the person may file a
declaration of intention to become a candidate, accompanied
by the appropriate fee.2 If no nomination petitions or
declarations of intention are filed for a public office
subject to election at the primary election, “the title
to the office shall be printed on the ballot followed by a
blank line with a...