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Kansas Senate Bill SB65

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB65 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 65
33 By Committee on Federal and State Affairs
44 1-23
55 AN ACT concerning irrigation districts; relating to the election of
66 members of the board of directors thereof; specifying when such
77 elections may be conducted by mail ballot; authorizing the board of
88 directors to set the term for such elected members; amending K.S.A.
99 42-706 and repealing the existing section.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 42-706 is hereby amended to read as follows: 42-
1212 706. (a) The officers of such an irrigation district established under K.S.A.
1313 42-704, and amendments thereto, shall be a board of directors consisting
1414 of three members who shall be persons entitled to vote as provided in
1515 subsection (g) and residents of a county in which the such irrigation
1616 district or a portion thereof is located, or a county adjoining a county in
1717 which such irrigation district or a portion thereof is located. Such members
1818 shall hold office for a period of two, three or four years, such term of
1919 office being established by the board of directors by passage of a
2020 resolution, and each shall serve until a successor has been elected and
2121 qualified. The members of the board of directors first elected after the
2222 creation of an irrigation district shall hold their respective offices until the
2323 next regular election for the election of directors as provided in subsection
2424 (d), (e) or (f) of this section, except that the terms of the three directors
2525 shall be as provided in subsection (d) or (e) of this section.
2626 (b) The chief engineer of the division of water resources, after the
2727 incorporation of such irrigation district, shall establish and designate the
2828 polling place or places therein where the first election will be conducted
2929 and fix the time for such election within 60 days after the date of
3030 incorporation. In any irrigation district of more than 35,000 acres, the chief
3131 engineer of the division of water resources shall, prior to designating
3232 polling places, establish three voting areas within such district as equal as
3333 possible in acreage and shall designate the same as the first, second or
3434 third voting area. Such polling place or places may thereafter be changed
3535 by the board of directors, and the board may arrange for polling places
3636 outside the corporate boundaries of the district if such places are more
3737 convenient than locations within the district. Prior to the holding of the
3838 first election in newly created districts, the chief engineer of the division of
3939 water resources shall appoint from the qualified electors of the district
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7676 three persons for such election for each voting place who shall constitute
7777 boards of election for such district for such election. If the members
7878 appointed do not attend at the opening of the polls on the day of election,
7979 at the opening hour, the electors present at that hour shall elect from the
8080 electors present members of the election board necessary to fill the place
8181 of any absent member.
8282 (c) The board of directors of every district of more than 35,000 acres
8383 which that was incorporated prior to the effective date of this act shall
8484 establish three voting areas within the district as equal as possible in
8585 acreage and designate the same as the first, second or third voting area.
8686 The board shall also establish and designate the polling place or places
8787 within each voting area, or adopt a procedure for election by mail ballot
8888 pursuant to subsection (d)(5). At the first election held after the effective
8989 date of this act, a director shall be elected for the term length established
9090 by the board.
9191 (d) (1) Except as provided in paragraph (2) (5), all elections shall be
9292 conducted in accordance with the general election laws of the state except
9393 as otherwise provided in this act. Advance voting as provided in article 11
9494 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto,
9595 shall be provided for by the county election officers and boards of
9696 directors for those persons entitled to vote under subsection (g). The forms
9797 for the ballot envelope declaration as provided in K.S.A. 25-1120, and
9898 amendments thereto, and the applications for advance ballots as provided
9999 in K.S.A. 25-1122d, and amendments thereto, shall be modified to
100100 establish that such person is a qualified owner of irrigable land within the
101101 district. After polls are closed the election boards shall proceed to canvass
102102 the votes cast thereat, shall certify to the county election officer of the
103103 county in which all or the greater part of the population of the irrigation
104104 district is located and the chief engineer the result of such election. The
105105 clerks shall then securely wrap the ballots cast at such elections and shall
106106 express or mail the same by registered mail to the county election officer
107107 of the county in which all or the greater part of the population of the
108108 irrigation district is located. The county election officer shall canvass the
109109 ballots, verify the results and declare the person receiving the highest
110110 number of votes duly elected as director, except that at the first election
111111 after creation of a district the county election officer of the county in
112112 which all or the greater part of the population of the irrigation district is
113113 located shall declare the three persons receiving the highest number of
114114 votes duly elected as directors except that in districts, or, if such district is
115115 divided into three voting areas, the person receiving the highest number of
116116 votes in each voting area shall be declared duly elected as director. Such
117117 county election officer shall immediately mail, to each person elected to
118118 the office of director a certificate of election signed by such officer.
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162162 (2) The directors shall thereupon qualify and enter upon the duties of
163163 their office. Directors shall qualify by taking and subscribing to an oath of
164164 office of substantially the same tenor as oath of office prescribed for
165165 county officials. Each member of the board of directors shall execute an
166166 official bond in the sum of $1,000 which oath and bond shall be filed with
167167 the county election officer of the county in which all or the greater part of
168168 the population of the irrigation district is located. The treasurer of each
169169 irrigation district shall execute to the district a corporate surety bond in an
170170 amount at least equal to 125% of the amount, as near as can be
171171 ascertained, that shall be in such person's hands as treasurer at any one
172172 time. The amount and sufficiency of the bond of the treasurer shall be
173173 determined by the county election officer. Upon approval of the bond, the
174174 county election officer shall endorse such approval thereon and file the
175175 same in the office of the county election officer and shall immediately
176176 notify the county treasurer of the county in which the registered office of
177177 the irrigation district is located of such approval and filing.
178178 (3) In the event of the breach of any condition of the treasurer's bond,
179179 the president and secretary of the board shall cause a suit to be commenced
180180 thereon in the name of the irrigation district. It shall not be necessary to
181181 include the treasurer as a party to the action and the money collected shall
182182 be applied to the use of the district, as the same should have been applied
183183 by the treasurer. Should the president and secretary neglect or refuse to
184184 prosecute such a suit, then any person entitled to vote as provided in
185185 subsection (g) may cause such suit to be instituted. Premiums on surety
186186 bonds for such directors and treasurers of irrigation districts shall be paid
187187 by the district out of its general funds.
188188 (4) In case the office of any director shall become vacant the
189189 remaining members of the board shall fill the vacancy by appointment. A
190190 director appointed to fill a vacancy shall serve the unexpired term of the
191191 director whose term such person was appointed to fill.
192192 (2)(5) For any election except the election required in subsection (b),
193193 the board of directors may adopt a procedure providing for the election of
194194 members by mail ballot in an even-numbered or odd-numbered year. Such
195195 procedure shall require the board to mail ballots to all persons entitled to
196196 vote, to receive and tabulate the ballots, to canvass the election and to
197197 certify the results to the county election officer. The irrigation district shall
198198 be responsible for the direct expenses of conducting the election. The
199199 ballot envelope used for mailing ballots shall contain a declaration
200200 establishing that the person who signs the declaration is a qualified owner
201201 of irrigable land within the district. In the resolution providing for the
202202 election of members by mail ballot, the board of directors shall establish
203203 the term of such members to be a period of two, three or four years.
204204 (e) (1) All regular elections of directors of irrigation districts shall be
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248248 held the Tuesday following the first Monday in November in odd-
249249 numbered years.
250250 (2) Any districts organized after the regular election shall hold its
251251 election at the next regular election following incorporation of the district
252252 and, at this election three directors shall be elected and the person
253253 receiving the highest number of votes shall serve for a term of four years,
254254 the persons receiving the second and third highest number of votes shall
255255 serve for a term of two years. In case the first election after creation of a
256256 district is held between June 1 of any year and the day preceding the
257257 Tuesday following the first Monday in November of the next succeeding
258258 odd-numbered year, the next regular election shall be held in the second
259259 succeeding odd-numbered year. At each subsequent regular election, only
260260 one director directors shall be elected each year for a term of four years.
261261 (3) Any person desiring to be a candidate for election to the board of
262262 directors shall file a candidate's declaration of intention with the county
263263 election officer of the county in which all or the greater part of the
264264 population of the district is located. Such candidate's filing shall utilize the
265265 procedures provided in K.S.A. 25-21a03, and amendments thereto, and
266266 K.S.A. 25-205, and amendments thereto. The county election officer shall
267267 prepare the ballot, and place the names thereon in alphabetical order and
268268 shall supply election officials with necessary ballots and polling books at
269269 the irrigation district's expense. At least five days before any election, the
270270 county clerks of the various counties within which a portion of the district
271271 is located, shall cause to be ascertained the names of all persons entitled to
272272 vote as provided in subsection (g) and shall furnish lists thereof to each
273273 election board within such county and to the secretary of the board of
274274 directors of the district. Notice of the time and places of holding of the
275275 general election, shall be published by the county election officer in a
276276 newspaper of general circulation in the district in accordance with K.S.A.
277277 25-105, and amendments thereto. The results of all special or bond
278278 elections shall be made available to the secretary of the district. All
279279 expenses of election, not otherwise provided for herein, shall be paid for
280280 out of the general funds of the irrigation district. Election officials shall
281281 receive the same compensation as provided under general election laws.
282282 (4) The provisions of this subsection shall not apply to any election
283283 conducted pursuant to subsection (d)(5) or (f).
284284 (f) In lieu of the election procedures provided in this section
285285 pertaining to regular elections of directors in accordance with the general
286286 election laws of the state, the board of directors of any irrigation district of
287287 less than 35,000 acres in size may call an annual meeting of all persons
288288 entitled to vote as provided in subsection (g) for the purpose of electing
289289 directors. Such annual meeting shall be held on the first Tuesday in March.
290290 Notice of the time and place of holding said annual meeting shall be given
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334334 in some newspaper or newspapers of general circulation in the district for
335335 one issue at least 30 days prior to date of such meeting. Elections at the
336336 annual meeting shall be by ballot, with absentee voting as provided under
337337 subsection (d) of this section. All persons desiring to be voted upon as
338338 director shall at least 30 days before the day of holding the annual meeting
339339 file such person's name with the secretary of the board of directors of the
340340 district, affixed to a statement that such person desires such person's name
341341 to be placed on the ballot as a candidate for member of board of directors
342342 of the district. The board of directors shall appoint three owners of
343343 irrigable land in the district to serve as an election board at the annual
344344 meeting. After the votes are cast at the annual meeting the election board
345345 shall proceed to canvass the votes and shall certify to the county election
346346 officer of the county in which all or the greater part of the population of
347347 the irrigation district is located and the chief engineer the result of such
348348 election. All provisions of this section not inconsistent with the provisions
349349 of subsection (f) shall apply to the election of directors at the annual
350350 meeting.
351351 (g) (1) Until such time as assessments are made in the district
352352 pursuant to K.S.A. 42-715, and amendments thereto, those persons entitled
353353 to vote shall be "qualified owners of land" within the irrigation district, as
354354 such term is defined in K.S.A. 42-701, and amendments thereto, and who
355355 are otherwise qualified electors.
356356 (2) After lands have been assessed in the district pursuant to K.S.A.
357357 42-715, and amendments thereto, those persons entitled to vote shall be
358358 "qualified owners of land" within the irrigation district as such term is
359359 defined in K.S.A. 42-701, and amendments thereto, which has been
360360 assessed pursuant to K.S.A. 42-715, and amendments thereto, and who are
361361 otherwise qualified electors. For voting purposes, any person entitled to
362362 vote under this subsection who owns land in more than one voting area
363363 shall vote in the voting area which that includes the greatest portion of
364364 such person's land.
365365 (h) As used in this section, the term "qualified electors" shall include
366366 includes a person who is the legal qualified owner of irrigable land or a
367367 person, who is authorized, in writing, to vote for a trust, corporation,
368368 association or partnership which that is the legal qualified owner of
369369 irrigable land. Such person is not required to be a resident of the district.
370370 Such trust, corporation, association or partnership shall be allowed only
371371 one vote. The person authorized by such entity to vote shall be someone
372372 who is not otherwise entitled to a vote under this section.
373373 Sec. 2. K.S.A. 42-706 is hereby repealed.
374374 Sec. 3. This act shall take effect and be in force from and after its
375375 publication in the statute book.
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