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EXTENSION ADMINISTRATIVE HANDBOOK - KANSAS STATE ATTORNEY GENERAL OPINIONS

Chapter 1 Section D7. County Extension Council Election Meetings (1973)


August 6, 1973
Opinion No. 73

Mr. Max Bickford
Executive Officer
Board of Regents
State Office Building
Topeka, Kansas 66612

Dear Mr. Bickford:

You ask several questions pertaining to the election of county extension councils pursuant to K.S.A. 1972 Supp. 2-611.

Said statute is of such length that we will not set it out herein, but will quote such provisions thereof as are appropriate.

First you ask whether the executive board of the extension council of Johnson County (population 220,000+) has the authority to appoint a nominating committee which would secure suggestions for nominations so that there would be candidates for each position to be filled.  

We find nothing in the statutes pertaining to extension councils that would prohibit such a procedure, however, the nominating committee could not be used to limit the number of candidates and any resident citizen of voting age is qualified to be a member of the council and may seek election at the annual election meeting if he so desires.

Next you ask whether the executive board may establish a central polling place.

K.S.A. 1972 Supp. 2-611(a) provides in pertinent part thusly:

    “The citizens of voting age residing in each of the three (3) county commissioner districts in each county in this state are qualified to participate in the (election) meeting which shall be held in each such district . . . . (Emphasis supplied.)

and

    “Provided, that in counties having a population. of one hundred fifty thousand (150,000) or more the citizens may elect council members at large or by county commissioner district as determined by the executive board of the county extension council.”

If the board determines that the annual election is to be at large then we feel that a central polling place would be authorized. Otherwise, an election must be held in, and a polling place must be set up in, each commissioner district.

Thirdly you ask whether the election may be held over a two-day period.

We think not.

Virtually all elections in this state are held on one day, and since we find nothing in the statute that indicates otherwise, we are of the opinion that the elections herein considered may not be conducted over a two-day period. K.S.A. 1972 Supp. 2-611(a) refers specifically to “a date” to be fixed for the election.

K.S.A. 1972 Supp. 2-611(b) provides that the “notices (of each annual election meeting) shall state the date, time and place of the meeting.” While the executive board enjoys some flexibility with respect to the hours the polls will be open, the actual voting must be completed in one day.

Of course the time necessary to count ballots is not limited to one day, but may take as long as necessary.

The final question seems to us to not need an answer in view of what has already been said. Accordingly, we do not elaborate further.

I trust that the foregoing will adequately answer your inquiries.

Very truly yours,


VERN MILLER
Attorney General