Phelps v. Shanahan

The opinion of the court was delivered by

Foth, C.:

This case involves the eligibility of a candidate at the election of November 7, 1972. Because of the imminence of that election, we announced our decision on September 28, 1972. This opinion is intended to explain the reasoning which led to that decision.

At issue is the interpretation of that part of section 2 of chapter 71, 1972 session laws of Kansas, which prescribes the qualifications for nomination to the newly created office of district attorney:

"No person shall be eligible for nomination to the office of district attorney unless such…