Session of 2025
HOUSE BILL No. 2057
By Committee on Elections
Requested by Representative Waggoner
1-22
AN ACT concerning the offices of United States senator, state treasurer
and the commissioner of insurance; relating to the filling of vacancies
in such offices; requiring the appointment of a person of the same
political party as the incumbent; requiring the legislature to nominate
three persons for consideration for such appointment and that the
governor appoint one of the nominated persons; establishing the joint
committee on vacancy appointments; amending K.S.A. 25-101b and
40-106 and repealing the existing sections; also repealing K.S.A. 25-
318.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Upon a vacancy occurs in the office of United
States senator from this state, the governor shall make a temporary
appointment to fill such vacancy until a successor is elected and qualified.
Such temporary appointment shall be made in accordance with the
provisions of sections 2 through 6, and amendments thereto. Within two
calendar days after receiving a concurrent resolution adopted pursuant to
section 6, and amendments thereto, the governor shall appoint one of the
three persons designated as candidates in such concurrent resolution to
temporarily fill such vacancy. At the time of the next election of
representatives in congress immediately following such vacancy, such
vacancy shall be filled by election and the senator so elected shall take
office upon receiving such senator's certificate of election.
(b) No person shall be appointed pursuant to this act unless such
person is a resident of this state and shall have been registered with the
same political party for the immediately preceding 10 years as that of the
United States senator elected at the immediately preceding election for
such office. If the United States senator elected at the immediately
preceding election for such office was not registered with any political
party, then any suitable person who is a resident of this state may be
appointed pursuant to sections 2 through 6, and amendments thereto.
New Sec. 2. (a) Upon a vacancy occurring in the office of United
States senator, the office of state treasurer or the office of the
commissioner of insurance, the joint committee on vacancy appointments
shall be established. The joint committee shall consist of 14 members as
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follows:
(1) Five members shall be members of the majority party of the
senate;
(2) two members shall be members of the minority party of the
senate;
(3) five members shall be members of the majority party of the house
of representatives; and
(4) two members shall be members of the minority party of the house
of representatives.
(b) Upon the first instance of the establishment of the joint
committee, the president of the senate shall appoint the chairperson of the
joint committee from the members appointed under subsection (a)(1) and
the speaker of the house of representatives shall appoint the vice
chairperson from the members appointed under subsection (a)(3).
Thereafter, whenever the joint committee is required to be established, the
speaker of the house of representatives and the president of the senate shall
alternate in appointing the chairperson and vice chairperson. The vice
chairperson shall exercise all the powers of the chairperson in the absence
of the chairperson.
(c) The joint committee on vacancy appointments shall meet at any
time and at any place within the state on call of the chairperson. Members
of the joint committee shall receive compensation and travel expenses and
subsistence expenses or allowances as provided in K.S.A. 75-3212, and
amendments thereto, when attending meetings of such committee.
New Sec. 3. (a) The joint committee on vacancy appointments shall
only receive nominations of persons to fill the vacancy from members of
the legislature. Each member of the legislature may nominate one person
for consideration by the joint committee. Any person so nominated may
decline such nomination by submitting written notice thereof to the
chairperson.
(b) The joint committee shall review each nominee to verify that such
nominee satisfies federal and state requirements to hold such office and to
be appointed to fill a vacancy in such office.
(c) The joint committee shall conduct one or more public hearings on
the nominations and shall grant each nominee an opportunity to be heard
before the joint committee.
(d) At the conclusion of its public hearings, the joint committee shall
submit a report to the senate and the house of representatives identifying
five nominees for further consideration by the legislature.
New Sec. 4. (a) Either during the regular session of the legislature if
the joint committee meets during such regular session, or at the next
regular session or special session of the legislature if the joint committee
meets outside of the regular session, the legislature may adopt a concurrent
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resolution calling for a joint session of the legislature to consider the
nominees identified by the joint committee under section 3, and
amendments thereto. Upon adoption of a concurrent resolution by both
houses of the legislature establishing the date and time for a joint session
of the legislature, the senate and the house of representatives shall meet in
joint session on such date and time for such purpose. The legislature, when
convened in such joint session, shall have no power to perform any act
other than considering such nominees.
(b) When in joint session pursuant to this section, the president of the
senate shall preside over the proceedings and if the office of the president
is vacant or the president is unable to do so, the speaker of the house of
representatives shall preside over the proceedings. The chief clerk of the
house of representatives and the secretary of the senate shall each keep a
record of the proceedings. It shall be the duty of the chief clerk and the
secretary to report such proceedings to their respective houses and record
such proceedings in their respective journals.
(c) The rules of the house of representatives and the joint rules of the
senate and the house of representatives in effect at the time of the joint
session shall be the rules for such joint session to the extent such rules do
not directly conflict with the provisions of sections 2 through 7, and
amendments thereto.
New Sec. 5. (a) All votes for nominees in a joint session of the
legislature shall be taken by voice vote. For each such vote, the secretary
of the senate shall first call the names of the members of the senate, and
then the chief clerk of the house of representatives shall call the names of
the members of the house. Each member of the legislature in attendance at
the joint session shall be required to vote on all nominees unless excused
by a majority vote of the members of the legislature in attendance.
(b) Each nominee identified in the report of the joint committee on
vacancy appointments shall be considered and voted upon separately. The
nominees so identified shall be considered in alphabetical order based on
the nominees' surnames.
(c) Any nominee who receives an affirmative vote from a majority of
both the members of the senate and the members of the house of
representatives shall be designated by the legislature as a candidate to
temporarily fill the vacancy in such office. If a nominee fails to receive the
required affirmative vote to be designated as a candidate, a motion to
reconsider such nominee shall be in order only after all nominees have
been considered and initially voted upon. If a nominee fails to receive the
required affirmative vote after a motion to reconsider such nominee, no
second or subsequent motion to reconsider such nominee shall be in order.
(d) When three nominees have received the required affirmative vote
to be designated as candidates pursuant to subsection (c), the consideration
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of nominees shall cease and no votes on any other nominees shall be in
order.
(e) (1) If less than three nominees receive the required affirmative
votes to be designated as candidates, the legislature shall direct the joint
committee on vacancy appointments to reconvene for the consideration of
additional nominees to fill such vacancy.
(2) When directed to do so by the legislature, the joint committee
shall reconvene and act in accordance with section 3, and amendments
thereto. When submitting any second or subsequent report, the joint
committee may recommend one or more of the nominees who were
recommended in any prior report of the joint committee.
New Sec. 6. (a) Upon the adjournment of a joint session of the
legislature at which three nominees received the required affirmative vote
to be designated as candidates to fill the vacancy in such office, the
speaker of the house of representatives shall cause a concurrent resolution
to be introduced in the house designating such nominees as candidates.
(b) The legislature shall adopt a concurrent resolution designating
three individuals as candidates to fill the vacancy in such office not more
than 21 calendar days after such vacancy occurs.
(c) The time period set forth in subsection (b) may be extended by a
vote of
2
/3 of the members of both the senate and the house of
representatives, but in no event shall any such extension exceed seven
calendar days.
Sec. 7. K.S.A. 25-101b is hereby amended to read as follows: 25-
101b. At the general election held in 1978 and each four (4) years
thereafter, there shall be elected a treasurer for the state of Kansas, whose
term of office shall be four (4) years beginning on the second Monday in
January next succeeding such treasurer's election. In case of a vacancy in
such office, within two calendar days after receiving a concurrent
resolution adopted pursuant to section 6, and amendments thereto, the
governor shall appoint some suitable person one of the three persons
designated as candidates in such concurrent resolution to serve for the
unexpired term and until a successor is elected and qualified. No person
shall be appointed pursuant to this section unless such person is a resident
of this state and shall have been registered with the same political party
for the immediately preceding 10 years as that of the state treasurer
elected at the immediately preceding election for such office. If the state
treasurer elected at the immediately preceding election for such office was
not registered with any political party, then any suitable person who is a
resident of this state may be appointed pursuant to sections 2 through 6,
and amendments thereto.
Sec. 8. K.S.A. 40-106 is hereby amended to read as follows: 40-106.
At the general election held in 1978 and each four (4) years thereafter,
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there shall be elected a commissioner of insurance for the state of Kansas,
whose term of office shall be four (4) years beginning on the second
Monday in January next succeeding such commissioner's election. In case
of a vacancy in such office, within two calendar days after receiving a
concurrent resolution adopted pursuant to section 6, and amendments
thereto, the governor shall appoint some suitable person one of the three
persons designated as candidates in such concurrent resolution to serve
for the unexpired term and until a successor is elected and qualified. No
person shall be appointed pursuant to this section unless such person is a
resident of this state and shall have been registered with the same political
party for the immediately preceding 10 years as that of the commissioner
of insurance elected at the immediately preceding election for such office.
If the commissioner of insurance elected at the immediately preceding
election for such office was not registered with any political party, then
any suitable person who is a resident of this state may be appointed
pursuant to sections 2 through 6, and amendments thereto.
Sec. 9. K.S.A. 25-101b, 25-318 and 40-106 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the Kansas register.
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