Hay v. Keeshan

Citations

• 83 Kan. 438
• 111 P. 436
• 1910 Kan. LEXIS 552

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Elections — Amendment of Nominating Petition — Residence and Post-office Address. A petition nominating an independent candidate for county treasurer, signed by more than five per cent of the voters of the county, but defective in that less than five per cent of the signers stated thereon their place of residence and post-office address, may be amended by the filing of another petition signed by those who signed the original petition defectively, in which amended petition they make the proper statement of their residence and post-office address.</p> <p>2. - Validity of Nominating Petition — Judgment of Statutory Tribunal is Final. Upon objections being filed to a petition nominating an independent candidate for county treasurer the clerk of the court, county clerk and county attorney met to consider such objections, and decided that the original petition, which was defective, could not be amended by the filing of another petition which cured the defects in the original. Held, that although such decision is erroneous, it is final.</p> <p>3. - Insufficient Petition — Vacancy — Power to Fill. In case an independent candidate for a county office is nominated and the petition is held insufficient or inoperative by the officers with whom it is filed, a vacancy is thus occasioned, and it may be filled by the persons or organization making the original nomination at any time before the election.</p>