SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2057
As Amended by House Committee on Elections
Brief*
HB 2057 would create and amend law governing the
process for filling vacancies in the offices of U.S. Senator,
State Treasurer, and Commissioner of Insurance and
establish the Joint Committee on Vacancy Appointments.
The bill would take effect upon publication in the Kansas
Register.
Joint Committee on Vacancy Appointments (New
Sections 2 and 3)
The bill would establish the Joint Committee on Vacancy
Appointments (Committee) upon a vacancy occurring in the
offices of U.S. Senator, State Treasurer, or Commissioner of
Insurance.
Membership
The Committee would be composed of the following 14
members:
●5 members of the majority party of the Senate;
●2 members of the minority party of the Senate;
●5 members of the majority party of the House of
Representatives; and
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ ●2 members of the minority party of the House of
Representatives.
Designation of Chairperson; Meeting Information
The bill would provide that, upon the first instance of the
establishment of the Committee, the President of the Senate
would appoint the chairperson and the Speaker of the House
would appoint the vice-chairperson. Thereafter, when the
Committee would be required to be established, the bill would
require the chairperson and vice-chairperson to alternate
chamber membership.
The bill would authorize the vice-chairperson to exercise
all the powers of the chairperson in the chairperson’s
absence.
The bill would authorize the Committee to meet at any
time and place within the state on the call of the chairperson.
The bill would also provide for member compensation, travel
expenses, and subsistence expenses or allowances as
provided by state law.
Nominations
The bill would limit the Committee to receive
nominations of persons to fill the given vacancy from only
members of the Legislature. The bill would permit each
legislator to nominate one person for consideration by the
Committee. The bill would allow any person nominated to
decline such nomination by submitting written notice to the
chairperson.
Review of Nominations and Public Hearings
The bill would require the Committee to review and
verify each nominee satisfies federal and state requirements
to hold and be appointed to fill a vacancy in such office. The
2- 2057 bill would also direct the Committee to conduct one or more
public hearings on the nominations and grant the nominees
an opportunity to be heard before the Committee.
Report to Legislature
The bill would require the Committee, at the conclusion
of the public hearings, to submit a report to the Senate and
House of Representatives identifying five nominees for further
consideration by the Legislature.
Joint Session of the Legislature (New Sections 4 and 5)
Calling a Joint Session
Either during the regular session of the Legislature, if the
Committee meets during regular session, or at the next
regular or special session of the Legislature, the bill would
authorize the Legislature to adopt a concurrent resolution
calling for a joint session of the Legislature to consider the
nominees identified by the Committee. Upon adoption of such
concurrent resolution, the bill would require the Senate and
House of Representatives to meet in joint session on the date
and time established in the concurrent resolution for such
purpose.
Limited Scope of Joint Session
The bill would limit the power of the Legislature when
convened in joint session to the consideration of the
nominees identified by the Committee.
Presiding Officer; Rules for Joint Session
When in joint session, the bill would designate the
President of the Senate to preside over the joint session. If
the office of the President is vacant or the President is unable
3- 2057 to do so, the bill would designate the Speaker of the House to
preside over the joint session.
The bill would specify the rules of the House of
Representatives and the Joint Rules of the Senate and
House of Representatives in effect at the time of the joint
session would govern to the extent such rules do not directly
conflict with the provisions of the bill.
Chief Clerk of the House of Representatives; Secretary of the
Senate
The bill would require the Chief Clerk of the House of
Representatives (Chief Clerk) and the Secretary of the
Senate (Secretary) to keep a record of the proceedings,
report the proceedings to their respective houses, and record
the proceedings in their respective journals.
Voting Procedure
The bill would require all votes for nominees in a joint
session to be taken by voice vote. The bill would provide for
the Secretary to call the names of the members of the Senate
first, followed by the Chief Clerk to call the names of the
members of the House. The bill would require each member
in attendance to vote on all nominees unless excused by a
majority vote of the members of the Legislature in
attendance.
The bill would require each nominee identified in the
Committee report to be considered in alphabetical order
based on the nominees’ surnames and voted upon
separately.
Affirmative vote. The bill would designate any nominee
who receives an affirmative vote from a majority of the
members of each house of the Legislature as a candidate to
temporarily fill the vacancy in such office. After three
nominees have received the required affirmative vote, the bill
4- 2057 would require the consideration of nominees and voting to
stop.
Failure to receive affirmative vote. If a nominee fails
to receive the required affirmative vote to be designated as a
candidate, the bill would provide that a motion to reconsider
such nominee would be in order only after all nominees have
been considered and initially voted upon. The bill would
provide only for the first motion to reconsider to be in order;
no second or subsequent motion to reconsider would be
permitted.
Reconvening of Committee. If fewer than three
nominees receive the required affirmative votes to be
designated as candidates, the Legislature would be required
to direct the Committee to reconvene to consider additional
nominees. The Committee would be required to reconvene in
accordance with the provisions of the bill and be permitted to
recommend one or more of the nominees recommended in
any prior report of the Committee.
Concurrent Resolution Nominating Candidates (New
Section 6)
Upon the adjournment of a joint session at which three
nominees received the required majority affirmative votes to
be designated as candidates, the bill would require the
Speaker of the House to introduce a concurrent resolution in
the House designating such nominees as candidates. The bill
would require the Legislature to adopt such concurrent
resolution within 21 calendar days of a vacancy occurring.
The bill would authorize an extension up to seven
calendar days by a vote of two-thirds of the members of both
the Senate and the House of Representatives.
5- 2057 Appointment of U.S. Senator, State Treasurer, or
Commissioner of Insurance (New Section 1, Section 6,
and Section 7)
Current law authorizes the Governor to make temporary
appointments to fill vacancies in the offices of U.S. Senator,
State Treasurer, and Commissioner of Insurance until a
successor is elected and qualified. Under the bill, the
Governor would be directed to make a temporary
appointment within two calendar days of receiving a
concurrent resolution adopted by the Legislature and appoint
one of three persons designated as candidates in such
concurrent resolution to temporarily fill the vacancy.
The bill would require any person appointed to fill a
vacancy occurring in the offices of U.S. Senator, State
Treasurer, or Commissioner of Insurance to be a resident of
the State of Kansas and to have been registered with the
same political party as the previously elected U.S. Senator,
State Treasurer, or Commissioner of Insurance for the two
even-numbered general elections immediately preceding the
vacancy. The bill would also provide that if the previously
elected U.S. Senator, State Treasurer, or Commissioner of
Insurance was not registered with any political party, then any
suitable person who is a Kansas resident would be eligible for
appointment.
The bill would also prohibit any person appointed to fill a
vacancy occurring in the offices of U.S. Senator, State
Treasurer, or Commissioner of Insurance from taking office
unless the Secretary of State certifies the appointment was
made in accordance with the provisions of the bill.
Severability (New Section 9)
The bill would specify the provisions of New Sections 1
through 6 are severable and, if such provisions or their
application are declared unconstitutional or invalid, the
6- 2057 remaining provisions of the bill and their applicability would
continue to be valid and enforceable.
Background
The bill was introduced by the House Committee on
Elections at the request of Representative Waggoner.
House Committee on Elections
In the House Committee hearing, proponent testimony
was provided by Representative B. Carpenter and former
Kansas Congressman Tim Huelskamp. The proponents
generally stated the bill would promote the principles of
federalism and ensure that more than one person is involved
in the process of filling vacancies in the offices of U.S.
Senator, State Treasurer, and Commissioner of Insurance.
Written-only opponent testimony was provided by three
private citizens.
No other testimony was provided.
House Committee of the Whole
The bill was withdrawn from the Calendar and rereferred
to the House Committee on Elections.
House Committee on Elections
The House Committee amended the bill to:
●Modify the length of time a person appointed to fill
a vacancy must be a member of the same political
party as the previously elected officeholder from 10
years to two even-numbered general elections;
7- 2057 ●Prohibit any person appointed for U.S. Senator,
State Treasurer, or Commissioner of Insurance
from taking office until such appointment is
confirmed by the Secretary of State;
●Prohibit the Secretary of State from certifying any
person as being appointed to fill a vacancy for U.S.
Senator, State Treasurer, or Commissioner of
Insurance unless such appointment is made in
accordance with the provisions of the bill; and
●Add a severability clause.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, Legislative
Administrative Services (LAS) indicates the bill would have a
fiscal effect on the Legislature’s budget; however, this would
only occur when a vacancy would occur for the offices of U.S.
Senator, State Treasurer, or Commissioner of Insurance.
Although expenditures associated with the bill would likely be
infrequent, LAS estimated a potential fiscal effect using costs
in FY 2025. The cost estimate is based upon three meeting
days with 14 legislators and one committee assistant.
If three meetings were to occur for the Joint Committee
on Vacancy Appointments during FY 2025, LAS estimates
that total expenditures of $25,173 would be required, all from
the State General Fund. Of this amount, $7,224 would be for
salaries and wages, $7,476 for subsistence expenditures,
$252 for tolls, $7,476 for an en route day, and $3,105 for
employer fringe benefit costs. In addition, $2,110 would be
required for committee assistant expenditures, and $180 for
the cost to publish in the Kansas Register.
Expenditures for future fiscal years are estimated by
LAS to increase by approximately 3.0 percent each year. Any
8- 2057 fiscal effect associated with the bill is not reflected in The FY
2026 Governor’s Budget Report.
Vacancy; U.S. Senate; State Treasurer; Commissioner of Insurance; appointment;
Joint Committee on Vacancy Appointments
9- 2057