KS
Kansas Senate Bill SCR1617

Kansas 2023-2024 Regular Session

Kansas Senate Bill SCR1617 Compare Versions

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11 Session of 2024
22 Senate Concurrent Resolution No. 1617
33 By Committee on Federal and State Affairs
44 2-1
55 A PROPOSITION to amend section 11 of article 1 of the constitution of
66 the state of Kansas; relating to vacancies in the offices of the secretary
77 of state and the attorney general.
88
99 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
1010 members elected (or appointed) and qualified to the Senate and two-
1111 thirds of the members elected (or appointed) and qualified to the
1212 House of Representatives concurring therein:
1313 Section 1. The following proposition to amend the constitution of
1414 the state of Kansas shall be submitted to the qualified electors of the state
1515 for their approval or rejection: Section 11 of article 1 of the constitution
1616 of the state of Kansas is hereby amended to read as follows:
1717 "§ 11. Vacancies in executive offices. (a) When the office of
1818 governor is vacant, the lieutenant governor shall become governor.
1919 In the event of the disability of the governor, the lieutenant
2020 governor shall assume the powers and duties of governor until the
2121 disability is removed. The legislature shall provide by law for the
2222 succession to the office of governor should the offices of governor
2323 and lieutenant governor be vacant, and for the assumption of the
2424 powers and duties of governor during the disability of the
2525 governor, should the office of lieutenant governor be vacant or the
2626 lieutenant governor be disabled.
2727 (b) (1) When the office of secretary of state or attorney
2828 general is vacant, the governor shall fill the vacancy by
2929 appointment for the remainder of the term. If the secretary of state
3030 or attorney general is disabled, the governor shall name a person to
3131 assume the powers and duties of the office until the disability is
3232 removed or if the secretary of state or attorney general is disabled,
3333 the vacancy in either case shall be filled by a state party delegate
3434 convention of the party of the executive officer at the time of such
3535 officer's election, except as provided in paragraph (4). The
3636 procedure for determining disability and the removal thereof shall
3737 be provided by law.
3838 (2) The convention shall be called by the state party
3939 chairperson. Such convention shall be convened within 21 days of
4040 notice that a vacancy has occurred or will occur. The delegates to
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7777 the convention shall be the state party committee members. The
7878 officers of the convention shall be the officers of the state party
7979 committee. At such convention, the vote to fill such vacancy shall
8080 be taken. The election shall be by secret ballot, and the person
8181 elected shall be the person who receives the majority of all votes
8282 cast. If no person receives a majority of all votes cast on any
8383 ballot, the balloting shall continue until a person receives a
8484 majority of all the votes cast. Each state delegate of the party shall
8585 be entitled to vote. No state delegate shall be represented or vote
8686 by proxy. The convention may adopt such rules necessary to
8787 govern its procedure in making nominations, voting, counting and
8888 canvassing votes and for the conduct of any business that may
8989 properly be brought before the convention, except that such rules
9090 shall not be in conflict with the provisions of this section.
9191 (3) After a person has been elected to fill the vacancy, the
9292 chairperson or vice-chairperson of the party committee shall
9393 execute a certificate, under oath, stating that such person has been
9494 duly elected to fill such vacancy. The chairperson or vice-
9595 chairperson shall transmit such certificate either by hand delivery
9696 by a person designated by the chairperson or vice-chairperson or
9797 by registered mail, return receipt requested, to the governor and a
9898 copy to the secretary of state. If transmitted by registered mail,
9999 such certificate and copy shall be mailed within 24 hours of the
100100 election, unless the day following the election is a Sunday or legal
101101 holiday, in which case, it shall be mailed by the next regular
102102 business day. Not later than seven days after the certificate is
103103 received in the office of the governor, the governor, or in the
104104 governor's absence, the lieutenant governor, shall fill the vacancy
105105 by appointing to the office of the secretary of state or the attorney
106106 general the person elected. In the event the governor or the
107107 lieutenant governor fails to appoint any person as required by this
108108 subsection after receiving a lawfully executed certificate, such
109109 person shall be deemed to have been appointed notwithstanding
110110 the governor's or lieutenant governor's failure to appoint such
111111 person. The person so appointed may qualify and enter upon the
112112 duties of the secretary of state or the attorney general immediately
113113 after appointment and shall serve for the unexpired term and until
114114 a successor is elected and qualified.
115115 (4) If the secretary of state or the attorney general whose
116116 office will become or has become vacant was an independent when
117117 elected, the vacancy shall be filled by the governor, who shall
118118 appoint a suitable person to serve for the unexpired term and until
119119 a successor is elected and qualified."
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163163 Sec. 2. The following statement shall be printed on the ballot with
164164 the amendment as a whole:
165165 "Explanatory statement. The purpose of this amendment is to
166166 replace the authority of the governor to fill vacancies by
167167 appointment in the offices of secretary of state and attorney
168168 general with an election for the filling of vacancies in those
169169 offices conducted at a convention of the state party delegates
170170 for the political party of the secretary of state or attorney
171171 general at the time of such officer's election, unless such
172172 officer was an independent candidate at the time of election,
173173 in which case, the governor shall make an appointment to fill
174174 the vacancy.
175175 "A vote for this proposition would replace the authority of the
176176 governor to fill vacancies by appointment in the offices of
177177 secretary of state and attorney general with an election for
178178 the filling of vacancies in those offices conducted at a
179179 convention of the state party delegates for the political party
180180 of the secretary of state or attorney general at the time of
181181 such officer's election, unless such officer was an
182182 independent candidate at the time of election, in which case,
183183 the governor shall make an appointment to fill the vacancy.
184184 "A vote against this proposition would make no changes to the
185185 constitution with respect to filling vacancies in the offices of
186186 the secretary of state or attorney general and the current
187187 provision giving the governor authority to fill vacancies by
188188 appointment in those offices."
189189 Sec. 3. This resolution, if approved by two-thirds of the members
190190 elected (or appointed) and qualified to the Senate and two-thirds of the
191191 members elected (or appointed) and qualified to the House of
192192 Representatives, shall be entered on the journals, together with the yeas
193193 and nays. The secretary of state shall cause this resolution to be published
194194 as provided by law and shall cause the proposed amendment to be
195195 submitted to the electors of the state at the general election in November
196196 in the year 2024, unless a special election is called at a sooner date by
197197 concurrent resolution of the legislature, in which case the proposed
198198 amendment shall be submitted to the electors of the state at the special
199199 election.
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