19-203.   Vacancy in office of commissioner, howfilled; vacancies createdby increase in number of districts, how filled.(a) Subject to the provisions of K.S.A. 2009 Supp. 19-204b, and amendmentsthereto, whena vacancy occurs in the office of a member of theboard of county commissioners, it shall befilled by appointment of a resident in the district to fill the office forthe unexpired term and until a successor is elected and qualified. When avacancy occurs before May 1 of the firsteven-numbered year following the commencement of a term of office, it shall befilled by the appointment of a resident of such district who shall serveuntil a successor is elected and qualified at the next general election.Such successor shall assume office on the second Monday of January nextfollowing such election.

      (b)   Except as provided by subsection (c), appointments under thissection shall be made in themanner provided by K.S.A. 25-3902, and amendments thereto, forfilling vacancies in district offices.

      (c)   Subject to the provisions of K.S.A. 2009 Supp. 19-204b, and amendmentsthereto,vacancies created by an increase in the number of county commissionerdistricts in a county pursuant to K.S.A. 19-204, and amendments thereto, shallbe filled by appointment of the governor.The governor shall make such appointmentswithin 30 days of the date of the adoption of the resolution dividing thecounty into commissioner districts or within 30 days of the date of the orderof the district court dividing the county into commissioner districts asrequired by K.S.A. 19-204a, and amendments thereto. Such appointeesshall serve until successors are elected and qualified at the next generalelection. Such successors shall assume office on the second Monday of Januarynext following their election. If at the next general electionfollowing such appointments, more than a simple majority of commissioners areelected, persons elected to the positions created by an increase in the numberof districts shall be elected for two year terms and until their successors arequalified. Thereafter such members shall be elected to four year terms anduntil their successors are qualified. The provisions of this subsection shallapply to positions created by an increase in the number of districts at theelection held in November 1990 and all such elections thereafter.

      History:   L. 1901, ch. 129, § 3;R.S. 1923, 19-203;L. 1965, ch. 158, § 2;L. 1973, ch. 102, § 1;L. 1990, ch. 130, § 1;L. 1992, ch. 38, § 3;L. 1993, ch. 250, § 3;L. 2009, ch. 134, § 5; May 28.