Richards v. Schmidt

*754The opinion of the court was delivered by

Larson, J.:

This case involves a first impression question dealing with the statutes governing the recall of locally elected officials, K.S.A. 25-4318 et seq.

The facts are not in dispute and are stipulated to by both parties. The timing of events and the actions of the parties explain the precise issue we face.

The City of Merriam, Kansas, has four wards with two councilpersons representing each ward. Gary Glenn was elected in Ward 4 in the April 1999 general election. In that election, 424 votes were cast for all the candidates to that position. K.S.A.…