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Kansas House Bill HB2057

Kansas 2025-2026 Regular Session

Kansas House Bill HB2057 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2057
33 By Committee on Elections
44 Requested by Representative Waggoner
55 1-22
66 AN ACT concerning the offices of United States senator, state treasurer
77 and the commissioner of insurance; relating to the filling of vacancies
88 in such offices; requiring the appointment of a person of the same
99 political party as the incumbent; requiring the legislature to nominate
1010 three persons for consideration for such appointment and that the
1111 governor appoint one of the nominated persons; establishing the joint
1212 committee on vacancy appointments; amending K.S.A. 25-101b and
1313 40-106 and repealing the existing sections; also repealing K.S.A. 25-
1414 318.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 New Section 1. (a) Upon a vacancy occurs in the office of United
1717 States senator from this state, the governor shall make a temporary
1818 appointment to fill such vacancy until a successor is elected and qualified.
1919 Such temporary appointment shall be made in accordance with the
2020 provisions of sections 2 through 6, and amendments thereto. Within two
2121 calendar days after receiving a concurrent resolution adopted pursuant to
2222 section 6, and amendments thereto, the governor shall appoint one of the
2323 three persons designated as candidates in such concurrent resolution to
2424 temporarily fill such vacancy. At the time of the next election of
2525 representatives in congress immediately following such vacancy, such
2626 vacancy shall be filled by election and the senator so elected shall take
2727 office upon receiving such senator's certificate of election.
2828 (b) No person shall be appointed pursuant to this act unless such
2929 person is a resident of this state and shall have been registered with the
3030 same political party for the immediately preceding 10 years as that of the
3131 United States senator elected at the immediately preceding election for
3232 such office. If the United States senator elected at the immediately
3333 preceding election for such office was not registered with any political
3434 party, then any suitable person who is a resident of this state may be
3535 appointed pursuant to sections 2 through 6, and amendments thereto.
3636 New Sec. 2. (a) Upon a vacancy occurring in the office of United
3737 States senator, the office of state treasurer or the office of the
3838 commissioner of insurance, the joint committee on vacancy appointments
3939 shall be established. The joint committee shall consist of 14 members as
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7575 follows:
7676 (1) Five members shall be members of the majority party of the
7777 senate;
7878 (2) two members shall be members of the minority party of the
7979 senate;
8080 (3) five members shall be members of the majority party of the house
8181 of representatives; and
8282 (4) two members shall be members of the minority party of the house
8383 of representatives.
8484 (b) Upon the first instance of the establishment of the joint
8585 committee, the president of the senate shall appoint the chairperson of the
8686 joint committee from the members appointed under subsection (a)(1) and
8787 the speaker of the house of representatives shall appoint the vice
8888 chairperson from the members appointed under subsection (a)(3).
8989 Thereafter, whenever the joint committee is required to be established, the
9090 speaker of the house of representatives and the president of the senate shall
9191 alternate in appointing the chairperson and vice chairperson. The vice
9292 chairperson shall exercise all the powers of the chairperson in the absence
9393 of the chairperson.
9494 (c) The joint committee on vacancy appointments shall meet at any
9595 time and at any place within the state on call of the chairperson. Members
9696 of the joint committee shall receive compensation and travel expenses and
9797 subsistence expenses or allowances as provided in K.S.A. 75-3212, and
9898 amendments thereto, when attending meetings of such committee.
9999 New Sec. 3. (a) The joint committee on vacancy appointments shall
100100 only receive nominations of persons to fill the vacancy from members of
101101 the legislature. Each member of the legislature may nominate one person
102102 for consideration by the joint committee. Any person so nominated may
103103 decline such nomination by submitting written notice thereof to the
104104 chairperson.
105105 (b) The joint committee shall review each nominee to verify that such
106106 nominee satisfies federal and state requirements to hold such office and to
107107 be appointed to fill a vacancy in such office.
108108 (c) The joint committee shall conduct one or more public hearings on
109109 the nominations and shall grant each nominee an opportunity to be heard
110110 before the joint committee.
111111 (d) At the conclusion of its public hearings, the joint committee shall
112112 submit a report to the senate and the house of representatives identifying
113113 five nominees for further consideration by the legislature.
114114 New Sec. 4. (a) Either during the regular session of the legislature if
115115 the joint committee meets during such regular session, or at the next
116116 regular session or special session of the legislature if the joint committee
117117 meets outside of the regular session, the legislature may adopt a concurrent
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161161 resolution calling for a joint session of the legislature to consider the
162162 nominees identified by the joint committee under section 3, and
163163 amendments thereto. Upon adoption of a concurrent resolution by both
164164 houses of the legislature establishing the date and time for a joint session
165165 of the legislature, the senate and the house of representatives shall meet in
166166 joint session on such date and time for such purpose. The legislature, when
167167 convened in such joint session, shall have no power to perform any act
168168 other than considering such nominees.
169169 (b) When in joint session pursuant to this section, the president of the
170170 senate shall preside over the proceedings and if the office of the president
171171 is vacant or the president is unable to do so, the speaker of the house of
172172 representatives shall preside over the proceedings. The chief clerk of the
173173 house of representatives and the secretary of the senate shall each keep a
174174 record of the proceedings. It shall be the duty of the chief clerk and the
175175 secretary to report such proceedings to their respective houses and record
176176 such proceedings in their respective journals.
177177 (c) The rules of the house of representatives and the joint rules of the
178178 senate and the house of representatives in effect at the time of the joint
179179 session shall be the rules for such joint session to the extent such rules do
180180 not directly conflict with the provisions of sections 2 through 7, and
181181 amendments thereto.
182182 New Sec. 5. (a) All votes for nominees in a joint session of the
183183 legislature shall be taken by voice vote. For each such vote, the secretary
184184 of the senate shall first call the names of the members of the senate, and
185185 then the chief clerk of the house of representatives shall call the names of
186186 the members of the house. Each member of the legislature in attendance at
187187 the joint session shall be required to vote on all nominees unless excused
188188 by a majority vote of the members of the legislature in attendance.
189189 (b) Each nominee identified in the report of the joint committee on
190190 vacancy appointments shall be considered and voted upon separately. The
191191 nominees so identified shall be considered in alphabetical order based on
192192 the nominees' surnames.
193193 (c) Any nominee who receives an affirmative vote from a majority of
194194 both the members of the senate and the members of the house of
195195 representatives shall be designated by the legislature as a candidate to
196196 temporarily fill the vacancy in such office. If a nominee fails to receive the
197197 required affirmative vote to be designated as a candidate, a motion to
198198 reconsider such nominee shall be in order only after all nominees have
199199 been considered and initially voted upon. If a nominee fails to receive the
200200 required affirmative vote after a motion to reconsider such nominee, no
201201 second or subsequent motion to reconsider such nominee shall be in order.
202202 (d) When three nominees have received the required affirmative vote
203203 to be designated as candidates pursuant to subsection (c), the consideration
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247247 of nominees shall cease and no votes on any other nominees shall be in
248248 order.
249249 (e) (1) If less than three nominees receive the required affirmative
250250 votes to be designated as candidates, the legislature shall direct the joint
251251 committee on vacancy appointments to reconvene for the consideration of
252252 additional nominees to fill such vacancy.
253253 (2) When directed to do so by the legislature, the joint committee
254254 shall reconvene and act in accordance with section 3, and amendments
255255 thereto. When submitting any second or subsequent report, the joint
256256 committee may recommend one or more of the nominees who were
257257 recommended in any prior report of the joint committee.
258258 New Sec. 6. (a) Upon the adjournment of a joint session of the
259259 legislature at which three nominees received the required affirmative vote
260260 to be designated as candidates to fill the vacancy in such office, the
261261 speaker of the house of representatives shall cause a concurrent resolution
262262 to be introduced in the house designating such nominees as candidates.
263263 (b) The legislature shall adopt a concurrent resolution designating
264264 three individuals as candidates to fill the vacancy in such office not more
265265 than 21 calendar days after such vacancy occurs.
266266 (c) The time period set forth in subsection (b) may be extended by a
267267 vote of
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269269 /3 of the members of both the senate and the house of
270270 representatives, but in no event shall any such extension exceed seven
271271 calendar days.
272272 Sec. 7. K.S.A. 25-101b is hereby amended to read as follows: 25-
273273 101b. At the general election held in 1978 and each four (4) years
274274 thereafter, there shall be elected a treasurer for the state of Kansas, whose
275275 term of office shall be four (4) years beginning on the second Monday in
276276 January next succeeding such treasurer's election. In case of a vacancy in
277277 such office, within two calendar days after receiving a concurrent
278278 resolution adopted pursuant to section 6, and amendments thereto, the
279279 governor shall appoint some suitable person one of the three persons
280280 designated as candidates in such concurrent resolution to serve for the
281281 unexpired term and until a successor is elected and qualified. No person
282282 shall be appointed pursuant to this section unless such person is a resident
283283 of this state and shall have been registered with the same political party
284284 for the immediately preceding 10 years as that of the state treasurer
285285 elected at the immediately preceding election for such office. If the state
286286 treasurer elected at the immediately preceding election for such office was
287287 not registered with any political party, then any suitable person who is a
288288 resident of this state may be appointed pursuant to sections 2 through 6,
289289 and amendments thereto.
290290 Sec. 8. K.S.A. 40-106 is hereby amended to read as follows: 40-106.
291291 At the general election held in 1978 and each four (4) years thereafter,
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335335 there shall be elected a commissioner of insurance for the state of Kansas,
336336 whose term of office shall be four (4) years beginning on the second
337337 Monday in January next succeeding such commissioner's election. In case
338338 of a vacancy in such office, within two calendar days after receiving a
339339 concurrent resolution adopted pursuant to section 6, and amendments
340340 thereto, the governor shall appoint some suitable person one of the three
341341 persons designated as candidates in such concurrent resolution to serve
342342 for the unexpired term and until a successor is elected and qualified. No
343343 person shall be appointed pursuant to this section unless such person is a
344344 resident of this state and shall have been registered with the same political
345345 party for the immediately preceding 10 years as that of the commissioner
346346 of insurance elected at the immediately preceding election for such office.
347347 If the commissioner of insurance elected at the immediately preceding
348348 election for such office was not registered with any political party, then
349349 any suitable person who is a resident of this state may be appointed
350350 pursuant to sections 2 through 6, and amendments thereto.
351351 Sec. 9. K.S.A. 25-101b, 25-318 and 40-106 are hereby repealed.
352352 Sec. 10. This act shall take effect and be in force from and after its
353353 publication in the Kansas register.
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