Session of 2025
HOUSE BILL No. 2258
By Representative Ballard
on behalf of the League of Women Voters of Lawrence/Douglas County
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AN ACT concerning elections; relating to election commissioners;
terminating the secretary of state's authority to appoint election
commissioners; transferring the jurisdiction, powers and duties for
conducting elections in those counties with an election commissioner to
the county clerk for such county; amending K.S.A. 19-3419 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 19-3419 is hereby amended to read as follows: 19-
3419. (a) Except as provided in subsection (b), in counties of this state
having a population exceeding 125,000, as certified to the secretary of
state by the director of the division of the budget on the previous July 1 in
accordance with K.S.A. 11-201, and amendments thereto, or as otherwise
determined pursuant to K.S.A. 11-202, and amendments thereto, there
shall be an office of commissioner of elections that shall be administered
by an election commissioner. The election commissioner shall be
appointed by the secretary of state and shall hold office for a term of four
years and until a successor is appointed and qualified. The secretary, in
consultation with the chairperson of the board of county commissioners
for the county where an election commissioner is to be appointed, shall
form a search committee to identify, interview and recommend to the
secretary at least three candidates for the position of election
commissioner. Such search committee shall include the chairperson of the
board of county commissioners for such county, or a county commissioner
for such county as designated by the chairperson, a representative of such
county's human resources department and three representatives of the
secretary of state's office. The secretary of state may remove the election
commissioner for official misconduct. Upon occurrence of a vacancy in
the office of county election commissioner, the secretary of state shall
appoint a successor. If the vacancy occurs before the expiration of a term
of office, the appointment shall be for the unexpired term. Such election
commissioner shall have been a resident of the state at least two years
prior to appointment. Within 10 days after receiving official notice of the
appointment and before entering upon the duties of the office, the election
commissioner shall take, subscribe and cause to be filed in the office of the
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secretary of state an oath of office for the faithful discharge of official
duties. The election commissioner shall be a resident of the county on the
day such election commissioner files the oath of office.
(b) On and after July 1, 2025, the secretary of state shall not appoint
any person to the office of county election commissioner, including the
appointment of any person to serve the unexpired term upon a vacancy in
the office of county election commissioner. Upon the vacancy in the office
of county election commissioner in any county whether by expiration of
such officer's term or otherwise, all jurisdiction, powers and duties of such
office of county election commissioner relating to the conduct, supervision
and control of elections, including, but not limited to, the registration,
qualification, challenging and voting of qualified electors at any election
in any such county, shall be transferred to the county clerk of such county.
Upon the transfer of such jurisdiction, powers and duties, the county clerk
shall conduct all elections in such county in accordance with K.S.A. 2024
Supp. 25-126, and amendments thereto. All files, books, records, papers,
documents and data pertaining to elections and necessary to the proper
administration of elections and voter registrations under the jurisdiction
and control of the office of county election commissioner shall be
transferred and delivered to the county clerk.
(c) On such date as no person holds the office of county election
commissioner in this state, the provisions of article 34 of chapter 19 of the
Kansas Statutes Annotated shall have no force and effect.
Sec. 2. K.S.A. 19-3419 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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