Topeka ? A bill on its way to the governor would abolish “incompetence” as a reason for recalling elected officials and give district attorneys a role in deciding when an ouster proceeding is warranted.

The House and Senate approved the legislation last week before beginning a long recess. Gov. Kathleen Sebelius has not yet seen the bill, an aide said Thursday.

The measure also would clarify in state law that for purposes of pursuing a recall, “misconduct in office” would mean a violation of law that would prevent someone from performing official duties.

Voters still would be allowed to recall officials for a felony conviction or failing to perform a legal duty. But it would be harder to force a recall election simply because an official made an unpopular decision.

The move to revise Kansas’ recall statutes was prompted partly by a court decision in which a Pottawatomie County judge said the existing law was vague. The case involved the attempted recall, on grounds of incompetence and misconduct, of three Kaw Valley school board members who voted to consolidate two high schools.

With Kansas in a “state of financial crisis,” District Judge Terry Klinginsmith wrote, “it is reasonable to assume that our courts may soon be facing an increase of these type of cases.”

“The law needs clarity, either in the interpretation of current law, or by legislative amendment to existing statutes,” he wrote.

Current law limits city and county attorneys to reviewing whether petitions seeking recall elections meet certain requirements, such as timely accusations or a sufficient number of signatures.

Under the bill, no petition could be circulated until a district attorney decided that the facts of the case supported a recall effort. The secretary of state would review allegations against legislators or statewide officials targeted for recall.

Such legal reviews would inject fairness into a system that, under current law, effectively allows allegations to be stated as fact, said Don Moler, director of the Kansas League of Municipalities.

“The real problem with the recall law has always been you don’t have to prove anything. All you have to do is allege something,” Moler said Thursday.

Moler noted that voters in small communities often seek to recall school board members or other local officials by labeling unpopular decisions as “incompetence.” To force an election, proponents need the signatures of 10 percent of voters in a recent election.

“The fact is, most of the officials who are subject to recall are from little tiny counties and cities. They’re serving without pay, doing the best they can and somebody gets mad at them,” Moler said.