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SAWYER v. CHAPMAN

No. 59,556

240 Kan. 409 (1986)

729 P.2d 1220

MICHAEL TOM SAWYER, Appellant, v. MARILYN K. CHAPMAN, Sedgwick County Election Commissioner; BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, DON GRAGG, TOM SCOTT, and BUD HENTZEN, members; and JACK H. BRIER, Secretary of State, Appellees.

Supreme Court of Kansas.

Opinion filed December 5, 1986.

Attorney(s) appearing for the Case

Mark J. Bredemeier, of Gulf & Great Legal Foundation, of Kansas City, Missouri, argued the cause and Larry G. Wall, and Gregory G. Lower, of Wichita, were with him on the brief for appellant.

Royce E. Wallace, of Wichita, argued the cause and was on the brief for appellees Chapman and Board of Sedgwick County Commissioners.

Leon J. Patton, assistant attorney general, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for appellee Brier.

The opinion of the court was delivered by

HERD, J.:

The appellant, Michael Tom Sawyer, challenges the constitutionality of the Kansas Mail Ballot Election Act, K.S.A. 1985 Supp. 25-431 et seq. The district court denied Sawyer's petition for injunctive and declaratory relief and Sawyer appeals. The facts are:

The appellant is a resident of and taxpayer and voter in Sedgwick County. The appellees are the county and state public officials who,...

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