If Emporia’s question on the smoking ban comes to a tie Friday, the no vote will win, according to state statute.
Kansas State Statute 25-3108 states that “In the case of a question submitted election a tie vote shall never be deemed to have occurred, and if there are the same number of ‘yes’ votes as ‘no’ votes, the ‘no’ vote shall have prevailed unless otherwise provided by law.”
The complete statute can be located at http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/25-3108.html.
“If it is a tie, the no vote wins the question,” Lyon County Attorney Marc Goodman said today.
madpoet (anonymous) says...
Interesting. Thank you for looking that up for everyone.
April 8, 2009 at 2:49 p.m. ( permalink | suggest removal )
sandman (anonymous) says...
goodoleboy,
In response to your statement on April 7th concerning "make a mountain out of a molehill" and the School of Nursing election sight for precients 11,12,13. I worked that sight and will say the people were WONDERFUL!!!! BUT you question
was the sign opposing smoking wrong and were we indeed "making a mountain out of a mole-hill"? Let me explain, as you walked into the room there was the bullentin board with the "anti-smoking" not one foot from the door. You had to pass it as you walked in. The room we were in is normally used as a classroom. When asked how long that
Bullentin Board had been up, they said around 4/5years and was an oversight. Having been in the service, "Chain of Command" was followed, Court House called for we as workers cannot "remove". They were there in an hour or so and covered it up. Was it wrong? Yes! as it has been stated by LAW -NOTHING for EITHER side can be WITHIN 250 ft. of the site and IT WAS in the room.
April 9, 2009 at 5:56 p.m. ( permalink | suggest removal )
olddog (anonymous) says...
So workers couldn't "remove" the sign, but they could have covered it up at first sight?
April 9, 2009 at 6:14 p.m. ( permalink | suggest removal )
sandman (anonymous) says...
Olddog, we didn't cover the sign but the maintenance person that the court house called came and did. When they delivered the machines etc. the room was to have been checked out at that time. When we, as workers get there, we are so busy trying to check things out and ready for the first voter at 7:00. Plus, to be technical it was part of the room. The ruling to cover came from the court house. I personally thought Tammy did such a wonderful job this being her first. I sure wouldn't have wanted to be in her shoes!!!! It was either cover or take down and was easier to "cover". The maintenance worker had a plastic sheet to do so, came equiped, we didn't, as workers. Hope I answered your question.
April 9, 2009 at 6:52 p.m. ( permalink | suggest removal )