STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES; OPEN PUBLIC MEETINGS - SECRET BALLOTS. December 29, 1986.
The annual meeting of the State Board of Agriculture (Board) and the caucus meetings held by the agricultural districts are public bodies subject to the provisions of the Kansas Open Meetings Act (KOMA). Under the open meetings law, no binding action can be taken by secret ballot. The purpose of this provision is to make public every official's vote on the public's business. A "secret ballot," then, is one in which the voter's choice or decision is not known. The procedure which has been followed in electing members of the Board violates the KOMA as the public has no way to determine how each delegate voted. Delegates may, however, vote by paper ballot if each delegate signs his or her name to the ballot and the ballots are open for public inspection. Cited herein: K.S.A. 25-2422; 25-2901; 74-502; 75-4317; K.S.A. 1985 Supp. 75-4318.
- Summary quoted from "Library-related Opinions of the Attorney General of the State of Kansas: 1959-1988". Jana Renfro, Administrative Assistant to the State Librarian, Kansas State Library, 1988.