There is no broad statewide citizen initiative or referendum for laws or constitutional amendments—Kansas relies on the legislature for statewide measures. Local options exist for cities (like Topeka) and counties, but they are limited, vary by issue, and must follow exact statutory requirements.
No, a city council person or county commissioner does not have to sponsor it, and it does not require their consensus or a majority vote upfront. Citizens can drive the process via petition in many cases, forcing the governing body to act (e.g., pass the ordinance or call an election). However, the governing body can sometimes adopt the measure itself or challenge its legality. Petitions are the primary citizen tool.
Key Distinctions: City (Topeka) vs. County (Shawnee County)
- Topeka (first-class city with home rule powers): Stronger initiative/referendum options under K.S.A. 12-3013 and constitutional home rule (Article 12, Section 5).
- Shawnee County (unincorporated areas or countywide): More limited; home rule resolutions (K.S.A. 19-101a et seq.) are common for county actions, with petition options for specific taxes, bonds, or charter matters. Veto referendums exist for certain home rule counties.
General Process for Citizen Petitions (Most Common Path)
Determine the Type of Measure and Applicable Statute:
- Initiated Ordinance (Cities like Topeka): Propose a new local law/ordinance. Requires signatures from 25% of electors who voted in the last preceding regular city election (for first-class cities like Topeka). Example: A recent property tax cap petition needed ~2,795 signatures based on prior turnout.
- Referendum/Veto (Repeal or Protest Existing Action): For city ordinances (home rule cities have mandatory referendum power for charter ordinances) or specific county actions. Signature thresholds vary (e.g., lower for some vetoes).
- County-Specific (e.g., Sales Tax, Bonds, Gage Park): Often 5-10% of voters from a prior election (e.g., 5% for certain Shawnee County sales tax or park measures; 10% for general county sales tax). Some require resolutions from taxing districts.
- Charter Resolutions/Amendments: For home rule or structural changes. Petitions can trigger elections.
- Other specifics: Bond questions, tax levies, zoning, liquor, etc., have tailored rules.
Consult statutes (e.g., K.S.A. Chapter 12 for cities, Chapter 19 for counties, Chapter 25 for elections) or an attorney. Not all issues qualify (e.g., administrative matters or special assessments often excluded).
Draft the Petition and Question:
- Submit a copy of the proposed question/ordinance to the county counselor (Shawnee County) or district attorney before circulating for an advisory opinion on legality/form (within 5 business days; rebuttable presumption of validity if approved or no response).
- Petition must include: Clear ballot question (per K.S.A. 25-620/25-3601), name of subdivision, signer recital ("I have personally signed... registered elector of [subdivision]..."), circulator affidavit (notarized, witnessing all signatures on their pages).
- Use the SOS Petition Circulation Guide for format. No standard pre-printed forms (except recall). Seek legal help for drafting.
Circulate and Collect Signatures:
- Who can sign/circulate: Registered electors of the relevant area (city or county). Circulators need not be registered in the district but must witness every signature on their pages, collect from only one county per page, and notarize their affidavit.
- Time limit: Petitions void after 180 days from the first signature (shorter for recall). File all at once as a group.
- Verification: County election officer checks signatures against voter rolls. Insufficient = start over; no successive filings for the same issue.
File the Petition:
- With the city clerk (Topeka) or Shawnee County Election Office (county issues). They verify and certify.
- Contact: Shawnee County Election Office, (785) 251-5900.
Governing Body Response:
- For city initiatives (K.S.A. 12-3013): Within 20 days, pass the ordinance unchanged or call a special election (or use next regular if within 90 days).
- County: Similar for qualifying petitions (e.g., tax measures); they direct the county clerk to submit to voters.
- Governing body can adopt it outright, avoiding an election.
Election:
- Usually at the next primary/general election (unless special authorized). Simple majority typically passes it.
- If passed by voters: Becomes binding (with limits on later repeal/amendment for some ordinances).
Other Ways (No Petition Needed from Citizens)
- Governing Body Referral: City council or county commissioners can place questions (e.g., tax, bonds, charter) via resolution/ordinance.
- Home Rule Charter Resolutions: County can use K.S.A. 19-101a for local legislation; petitions can influence or trigger votes in some cases.
- Specific Statutes: E.g., sales tax, park authorities, zoning referendums have their own triggers.
Challenges and Tips
- Legality: Courts can strike invalid forms or non-qualifying subjects. Challenge window is short (e.g., 20 days).
- Costs/Practicality: Signature gathering is labor-intensive; professional help or volunteers needed. High thresholds for cities.
- Resources:
- Kansas SOS Petition Guide: sos.ks.gov.
- Shawnee County Election Office / City Clerk.
- Statutes via kslegislature.org or ksrevisor.gov.
- Consult a lawyer (county counselor opinion is advisory only).
- Examples: Topeka tax petitions, Shawnee County bond/park measures, past consolidation votes.
This is complex and issue-specific—requirements differ for bonds, taxes, zoning, etc. For your exact goal (e.g., development policy, tax, or reform), review the precise K.S.A. section and consult the Election Office or legal counsel early to avoid invalidation. Success depends on strong organization, clear drafting, and sufficient support.