Session of 2024
Senate Concurrent Resolution No. 1617
By Committee on Federal and State Affairs
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A PROPOSITION to amend section 11 of article 1 of the constitution of
the state of Kansas; relating to vacancies in the offices of the secretary
of state and the attorney general.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the
members elected (or appointed) and qualified to the Senate and two-
thirds of the members elected (or appointed) and qualified to the
House of Representatives concurring therein:
Section 1. The following proposition to amend the constitution of
the state of Kansas shall be submitted to the qualified electors of the state
for their approval or rejection: Section 11 of article 1 of the constitution
of the state of Kansas is hereby amended to read as follows:
"§ 11. Vacancies in executive offices. (a) When the office of
governor is vacant, the lieutenant governor shall become governor.
In the event of the disability of the governor, the lieutenant
governor shall assume the powers and duties of governor until the
disability is removed. The legislature shall provide by law for the
succession to the office of governor should the offices of governor
and lieutenant governor be vacant, and for the assumption of the
powers and duties of governor during the disability of the
governor, should the office of lieutenant governor be vacant or the
lieutenant governor be disabled.
(b) (1) When the office of secretary of state or attorney
general is vacant, the governor shall fill the vacancy by
appointment for the remainder of the term. If the secretary of state
or attorney general is disabled, the governor shall name a person to
assume the powers and duties of the office until the disability is
removed or if the secretary of state or attorney general is disabled,
the vacancy in either case shall be filled by a state party delegate
convention of the party of the executive officer at the time of such
officer's election, except as provided in paragraph (4). The
procedure for determining disability and the removal thereof shall
be provided by law.
(2) The convention shall be called by the state party
chairperson. Such convention shall be convened within 21 days of
notice that a vacancy has occurred or will occur. The delegates to
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the convention shall be the state party committee members. The
officers of the convention shall be the officers of the state party
committee. At such convention, the vote to fill such vacancy shall
be taken. The election shall be by secret ballot, and the person
elected shall be the person who receives the majority of all votes
cast. If no person receives a majority of all votes cast on any
ballot, the balloting shall continue until a person receives a
majority of all the votes cast. Each state delegate of the party shall
be entitled to vote. No state delegate shall be represented or vote
by proxy. The convention may adopt such rules necessary to
govern its procedure in making nominations, voting, counting and
canvassing votes and for the conduct of any business that may
properly be brought before the convention, except that such rules
shall not be in conflict with the provisions of this section.
(3) After a person has been elected to fill the vacancy, the
chairperson or vice-chairperson of the party committee shall
execute a certificate, under oath, stating that such person has been
duly elected to fill such vacancy. The chairperson or vice-
chairperson shall transmit such certificate either by hand delivery
by a person designated by the chairperson or vice-chairperson or
by registered mail, return receipt requested, to the governor and a
copy to the secretary of state. If transmitted by registered mail,
such certificate and copy shall be mailed within 24 hours of the
election, unless the day following the election is a Sunday or legal
holiday, in which case, it shall be mailed by the next regular
business day. Not later than seven days after the certificate is
received in the office of the governor, the governor, or in the
governor's absence, the lieutenant governor, shall fill the vacancy
by appointing to the office of the secretary of state or the attorney
general the person elected. In the event the governor or the
lieutenant governor fails to appoint any person as required by this
subsection after receiving a lawfully executed certificate, such
person shall be deemed to have been appointed notwithstanding
the governor's or lieutenant governor's failure to appoint such
person. The person so appointed may qualify and enter upon the
duties of the secretary of state or the attorney general immediately
after appointment and shall serve for the unexpired term and until
a successor is elected and qualified.
(4) If the secretary of state or the attorney general whose
office will become or has become vacant was an independent when
elected, the vacancy shall be filled by the governor, who shall
appoint a suitable person to serve for the unexpired term and until
a successor is elected and qualified."
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Sec. 2. The following statement shall be printed on the ballot with
the amendment as a whole:
"Explanatory statement. The purpose of this amendment is to
replace the authority of the governor to fill vacancies by
appointment in the offices of secretary of state and attorney
general with an election for the filling of vacancies in those
offices conducted at a convention of the state party delegates
for the political party of the secretary of state or attorney
general at the time of such officer's election, unless such
officer was an independent candidate at the time of election,
in which case, the governor shall make an appointment to fill
the vacancy.
"A vote for this proposition would replace the authority of the
governor to fill vacancies by appointment in the offices of
secretary of state and attorney general with an election for
the filling of vacancies in those offices conducted at a
convention of the state party delegates for the political party
of the secretary of state or attorney general at the time of
such officer's election, unless such officer was an
independent candidate at the time of election, in which case,
the governor shall make an appointment to fill the vacancy.
"A vote against this proposition would make no changes to the
constitution with respect to filling vacancies in the offices of
the secretary of state or attorney general and the current
provision giving the governor authority to fill vacancies by
appointment in those offices."
Sec. 3. This resolution, if approved by two-thirds of the members
elected (or appointed) and qualified to the Senate and two-thirds of the
members elected (or appointed) and qualified to the House of
Representatives, shall be entered on the journals, together with the yeas
and nays. The secretary of state shall cause this resolution to be published
as provided by law and shall cause the proposed amendment to be
submitted to the electors of the state at the general election in November
in the year 2024, unless a special election is called at a sooner date by
concurrent resolution of the legislature, in which case the proposed
amendment shall be submitted to the electors of the state at the special
election.
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