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Attorney General Opinion No. 1992-081

Attorney General Opinion No. 1992-081 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
No person who has declared and retains a political party affiliation in accordance with K.S.A. 25-3301 is eligible to accept an independent nomination for office. A person who is affiliated with a political party may, 14 days prior to the primary election, change the person's party or voter affiliation. If the person timely changes to an unaffiliated status, the person may accept an independent nomination provided the independent nomination petitions are properly filed pursuant to K.S.A. 1991 Supp. 25-305, as amended by 1992 House Bill No. 3213. A person who files as a partisan candidate in the primary election and who maintains such candidacy may not file as an independent candidate in the general election immediately following. A person who has filed as a partisan candidate in a primary election may, after withdrawing such candidacy and timely changing to an unaffiliated status, file as an independent candidate in the general election. The United States District Court for the district of Kansas has determined that K.S.A. 1991 Supp. 25-303, as amended by 1992 Senate Bill No. 789 requires only that signers of independent nomination petitions reside in the same county and election district of the office sought. This requirement does not restrict circulators to their home county and election district. The circulators may seek signatures anywhere in the state, but the signers must reside in the same county and election district as the circulators. While a qualified elector who is circulating an independent nomination petition is restricted to collecting signatures of those persons residing in that area intersected by the county and the election district in which the qualified elector resides, the candidate may collect signatures of persons residing anywhere within the election district. Cited herein: K.S.A. 1991 Supp. 25-202; 25-303, as amended by 1992 Senate Bill No. 789; 25-305, as amended by 1992 House Bill No. 3213; K.S.A. 25-3301; K.S.A. 1991 Supp. 25-3304; K.S.A. 25-303 (Ensley 1988); L. 1989, ch. 106, section 2; L. 1988, ch. 119, section 1.

Attorney General Opinion No. 1992-081

Attorney General Opinion No. 1992-081 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
No person who has declared and retains a political party affiliation in accordance with K.S.A. 25-3301 is eligible to accept an independent nomination for office. A person who is affiliated with a political party may, 14 days prior to the primary election, change the person's party or voter affiliation. If the person timely changes to an unaffiliated status, the person may accept an independent nomination provided the independent nomination petitions are properly filed pursuant to K.S.A. 1991 Supp. 25-305, as amended by 1992 House Bill No. 3213. A person who files as a partisan candidate in the primary election and who maintains such candidacy may not file as an independent candidate in the general election immediately following. A person who has filed as a partisan candidate in a primary election may, after withdrawing such candidacy and timely changing to an unaffiliated status, file as an independent candidate in the general election. The United States District Court for the district of Kansas has determined that K.S.A. 1991 Supp. 25-303, as amended by 1992 Senate Bill No. 789 requires only that signers of independent nomination petitions reside in the same county and election district of the office sought. This requirement does not restrict circulators to their home county and election district. The circulators may seek signatures anywhere in the state, but the signers must reside in the same county and election district as the circulators. While a qualified elector who is circulating an independent nomination petition is restricted to collecting signatures of those persons residing in that area intersected by the county and the election district in which the qualified elector resides, the candidate may collect signatures of persons residing anywhere within the election district. Cited herein: K.S.A. 1991 Supp. 25-202; 25-303, as amended by 1992 Senate Bill No. 789; 25-305, as amended by 1992 House Bill No. 3213; K.S.A. 25-3301; K.S.A. 1991 Supp. 25-3304; K.S.A. 25-303 (Ensley 1988); L. 1989, ch. 106, section 2; L. 1988, ch. 119, section 1.

Attorney General Opinion No. 1992-137

Attorney General Opinion No. 1992-137 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.

Attorney General Opinion No. 1992-083A

Attorney General Opinion No. 1992-083A PDF Author: Robert T. Stephan
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Languages : en
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Book Description
The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.

Attorney General Opinion No. 1992-151

Attorney General Opinion No. 1992-151 PDF Author: Robert T. Stephan
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Category :
Languages : en
Pages :

Book Description
Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Attorney General Opinion No. 1992-120

Attorney General Opinion No. 1992-120 PDF Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
Pages :

Book Description
K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.

Attorney General Opinion No. 1992-100

Attorney General Opinion No. 1992-100 PDF Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
Pages :

Book Description
A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.

Attorney General Opinion No. 1992-074

Attorney General Opinion No. 1992-074 PDF Author: Robert T. Stephan
Publisher:
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Category :
Languages : en
Pages :

Book Description
As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.

Opinions of the Attorney General and Report to the Governor of Virginia

Opinions of the Attorney General and Report to the Governor of Virginia PDF Author: Virginia. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 620

Book Description


Attorney General Opinion No. 1992-119

Attorney General Opinion No. 1992-119 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.