Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3902.Procedure for filling vacancy in district office other thanjudge of district court; district convention; appointment by governor.(a) Except as provided in K.S.A. 25-312a and amendmentsthereto when a districtconvention is provided by law to be held to elect a person to beappointed to fill a vacancy in a district office, the county chairpersondesignated in subsection (b) or (c), within 21 days of receipt of noticethat a vacancy has occurred or will occur, shall call and convene aconvention of allcommitteemen and committeewomen of the party of the precincts in suchdistrict for the purpose of electing a person to be appointed by thegovernor to fill the vacancy. If such county chairpersonis absent or forany reason is unable to call, or refuses to call such convention, thenthe county vice-chairperson shall call the convention andperform the otherduties under this section required of such chairperson.
(b) If the district lies within a single county, the county chairpersonof such county shall call the convention by mailing a notice, at leastseven days before the date of the convention, to each precinctcommitteeman and committeewoman who is entitled to vote at theconvention pursuant to subsection (e).
(c) If all or part of more than one county lies within the district,the county chairperson of the county in which thegreatest number of qualified voters of the district reside shall call theconvention by mailing a notice of the convention to each county chairperson ofthe party in each such county at least 10 days beforethe date of the convention. Such convention shall be held at a locationwithin the district selected by the chairperson calling the convention. Suchcounty chairperson,within three daysafter receipt of such notice, shall mail notice of the convention tothe committeemen and committeewomen in their counties who are entitledto vote at the convention pursuant to subsection (e).
(d) The notice of such convention shall state: (1) The place wherethe convention is to be held; (2) the time when the convention willconvene; and (3) the purpose for which the convention is to be held.
(e) At the time and place fixed for holding the convention, thecounty chairperson who called the convention shall act as temporary chairpersonand shall call the convention to order. One-third of theeligible members of the convention shall constitute a quorum for suchelection. In the event a quorum is not present at the time and placethat such convention is called, the members present shall adjourn theconvention to a day and time certain, which shall be not later than 14 daysafter such adjournment of such convention, and provide for notification ofthe time and place of such adjourned convention to be given to the eligiblemembers not present. The convention shall organize by electing apermanent chairperson and such other officers as necessary.After the convention is organized, it shall elect a person to beappointed by the governor to fill the vacancy. Such election shall beby secret ballot and the person elected shall be the one who receivesthe majority of all the votes cast. If no person receives a majority ofall votes cast on any ballot, the balloting shall continue until someperson receives a majority of all the votes cast. Each committeeman andcommitteewoman of the party of the precincts in such district shall beentitled to vote. Except as provided in subsection (f), noprecinct committeeman or committeewoman shall berepresented or shall vote by proxy. The convention may adopt such rulesnecessary to govern its procedure in making nominations,voting, counting, and canvassing votes and for the conduct of anybusiness which may properly be brought before the convention, but suchrules shall not be in conflict with the provisions of this section.
(f) (1) A precinct committeeman or committeewoman may vote by proxy at aconvention called pursuant to this sectionwhenever such precinct committeeman or committeewoman is unable to attend theconvention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewomanmay designate another precinct committeeman orcommitteewoman to cast such precinct committeeman's or precinctcommitteewoman's ballot at such convention by proxy.Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast theprecinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewomanauthorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinctcommitteewoman's signature which complieswith K.S.A. 53-509 and amendments thereto.
(g) After a person has been elected to be appointed to filla vacancy in a district office, the chairperson or vice-chairperson of theconvention shall execute a certificate, under oath, stating that suchperson has been duly elected to be appointed to fill such vacancy andshall transmit such certificate either by hand delivery by a persondesignated by such chairperson orvice-chairperson or by registered mail,return receipt requested, to the governor and a copy thereof to thesecretary of state. If transmitted by registered mail, such certificateand the copy thereof shall be mailed within 24 hours ofsuch election, unless the day following such election is a Sunday orlegal holiday, in which case it shall be mailed by the next regularbusiness day. Thereupon, and not later than seven days after suchcertificate is received in the office of the governor, the governor, orin the governor's absence the lieutenant governor, shall fill suchvacancy by appointing to such district office the person so elected. Inthe event the governor or lieutenant governor fails to appoint anyperson as required by this subsection after receiving a lawfullyexecuted certificate hereunder, such person shall be deemed to have beenso appointed notwithstanding such failure. The person so appointed mayqualify and enter upon the duties of the district office immediatelyafter appointment.
History: L. 1972, ch. 131, § 2; L. 1975, ch. 216,§ 2; L. 1976, ch. 181, § 15;L. 1990, ch. 130, § 4;L. 1995, ch. 192, § 10;L. 2004, ch. 93, § 9; July 1.
Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3902.Procedure for filling vacancy in district office other thanjudge of district court; district convention; appointment by governor.(a) Except as provided in K.S.A. 25-312a and amendmentsthereto when a districtconvention is provided by law to be held to elect a person to beappointed to fill a vacancy in a district office, the county chairpersondesignated in subsection (b) or (c), within 21 days of receipt of noticethat a vacancy has occurred or will occur, shall call and convene aconvention of allcommitteemen and committeewomen of the party of the precincts in suchdistrict for the purpose of electing a person to be appointed by thegovernor to fill the vacancy. If such county chairpersonis absent or forany reason is unable to call, or refuses to call such convention, thenthe county vice-chairperson shall call the convention andperform the otherduties under this section required of such chairperson.
(b) If the district lies within a single county, the county chairpersonof such county shall call the convention by mailing a notice, at leastseven days before the date of the convention, to each precinctcommitteeman and committeewoman who is entitled to vote at theconvention pursuant to subsection (e).
(c) If all or part of more than one county lies within the district,the county chairperson of the county in which thegreatest number of qualified voters of the district reside shall call theconvention by mailing a notice of the convention to each county chairperson ofthe party in each such county at least 10 days beforethe date of the convention. Such convention shall be held at a locationwithin the district selected by the chairperson calling the convention. Suchcounty chairperson,within three daysafter receipt of such notice, shall mail notice of the convention tothe committeemen and committeewomen in their counties who are entitledto vote at the convention pursuant to subsection (e).
(d) The notice of such convention shall state: (1) The place wherethe convention is to be held; (2) the time when the convention willconvene; and (3) the purpose for which the convention is to be held.
(e) At the time and place fixed for holding the convention, thecounty chairperson who called the convention shall act as temporary chairpersonand shall call the convention to order. One-third of theeligible members of the convention shall constitute a quorum for suchelection. In the event a quorum is not present at the time and placethat such convention is called, the members present shall adjourn theconvention to a day and time certain, which shall be not later than 14 daysafter such adjournment of such convention, and provide for notification ofthe time and place of such adjourned convention to be given to the eligiblemembers not present. The convention shall organize by electing apermanent chairperson and such other officers as necessary.After the convention is organized, it shall elect a person to beappointed by the governor to fill the vacancy. Such election shall beby secret ballot and the person elected shall be the one who receivesthe majority of all the votes cast. If no person receives a majority ofall votes cast on any ballot, the balloting shall continue until someperson receives a majority of all the votes cast. Each committeeman andcommitteewoman of the party of the precincts in such district shall beentitled to vote. Except as provided in subsection (f), noprecinct committeeman or committeewoman shall berepresented or shall vote by proxy. The convention may adopt such rulesnecessary to govern its procedure in making nominations,voting, counting, and canvassing votes and for the conduct of anybusiness which may properly be brought before the convention, but suchrules shall not be in conflict with the provisions of this section.
(f) (1) A precinct committeeman or committeewoman may vote by proxy at aconvention called pursuant to this sectionwhenever such precinct committeeman or committeewoman is unable to attend theconvention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewomanmay designate another precinct committeeman orcommitteewoman to cast such precinct committeeman's or precinctcommitteewoman's ballot at such convention by proxy.Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast theprecinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewomanauthorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinctcommitteewoman's signature which complieswith K.S.A. 53-509 and amendments thereto.
(g) After a person has been elected to be appointed to filla vacancy in a district office, the chairperson or vice-chairperson of theconvention shall execute a certificate, under oath, stating that suchperson has been duly elected to be appointed to fill such vacancy andshall transmit such certificate either by hand delivery by a persondesignated by such chairperson orvice-chairperson or by registered mail,return receipt requested, to the governor and a copy thereof to thesecretary of state. If transmitted by registered mail, such certificateand the copy thereof shall be mailed within 24 hours ofsuch election, unless the day following such election is a Sunday orlegal holiday, in which case it shall be mailed by the next regularbusiness day. Thereupon, and not later than seven days after suchcertificate is received in the office of the governor, the governor, orin the governor's absence the lieutenant governor, shall fill suchvacancy by appointing to such district office the person so elected. Inthe event the governor or lieutenant governor fails to appoint anyperson as required by this subsection after receiving a lawfullyexecuted certificate hereunder, such person shall be deemed to have beenso appointed notwithstanding such failure. The person so appointed mayqualify and enter upon the duties of the district office immediatelyafter appointment.
History: L. 1972, ch. 131, § 2; L. 1975, ch. 216,§ 2; L. 1976, ch. 181, § 15;L. 1990, ch. 130, § 4;L. 1995, ch. 192, § 10;L. 2004, ch. 93, § 9; July 1.
Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3902.Procedure for filling vacancy in district office other thanjudge of district court; district convention; appointment by governor.(a) Except as provided in K.S.A. 25-312a and amendmentsthereto when a districtconvention is provided by law to be held to elect a person to beappointed to fill a vacancy in a district office, the county chairpersondesignated in subsection (b) or (c), within 21 days of receipt of noticethat a vacancy has occurred or will occur, shall call and convene aconvention of allcommitteemen and committeewomen of the party of the precincts in suchdistrict for the purpose of electing a person to be appointed by thegovernor to fill the vacancy. If such county chairpersonis absent or forany reason is unable to call, or refuses to call such convention, thenthe county vice-chairperson shall call the convention andperform the otherduties under this section required of such chairperson.
(b) If the district lies within a single county, the county chairpersonof such county shall call the convention by mailing a notice, at leastseven days before the date of the convention, to each precinctcommitteeman and committeewoman who is entitled to vote at theconvention pursuant to subsection (e).
(c) If all or part of more than one county lies within the district,the county chairperson of the county in which thegreatest number of qualified voters of the district reside shall call theconvention by mailing a notice of the convention to each county chairperson ofthe party in each such county at least 10 days beforethe date of the convention. Such convention shall be held at a locationwithin the district selected by the chairperson calling the convention. Suchcounty chairperson,within three daysafter receipt of such notice, shall mail notice of the convention tothe committeemen and committeewomen in their counties who are entitledto vote at the convention pursuant to subsection (e).
(d) The notice of such convention shall state: (1) The place wherethe convention is to be held; (2) the time when the convention willconvene; and (3) the purpose for which the convention is to be held.
(e) At the time and place fixed for holding the convention, thecounty chairperson who called the convention shall act as temporary chairpersonand shall call the convention to order. One-third of theeligible members of the convention shall constitute a quorum for suchelection. In the event a quorum is not present at the time and placethat such convention is called, the members present shall adjourn theconvention to a day and time certain, which shall be not later than 14 daysafter such adjournment of such convention, and provide for notification ofthe time and place of such adjourned convention to be given to the eligiblemembers not present. The convention shall organize by electing apermanent chairperson and such other officers as necessary.After the convention is organized, it shall elect a person to beappointed by the governor to fill the vacancy. Such election shall beby secret ballot and the person elected shall be the one who receivesthe majority of all the votes cast. If no person receives a majority ofall votes cast on any ballot, the balloting shall continue until someperson receives a majority of all the votes cast. Each committeeman andcommitteewoman of the party of the precincts in such district shall beentitled to vote. Except as provided in subsection (f), noprecinct committeeman or committeewoman shall berepresented or shall vote by proxy. The convention may adopt such rulesnecessary to govern its procedure in making nominations,voting, counting, and canvassing votes and for the conduct of anybusiness which may properly be brought before the convention, but suchrules shall not be in conflict with the provisions of this section.
(f) (1) A precinct committeeman or committeewoman may vote by proxy at aconvention called pursuant to this sectionwhenever such precinct committeeman or committeewoman is unable to attend theconvention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewomanmay designate another precinct committeeman orcommitteewoman to cast such precinct committeeman's or precinctcommitteewoman's ballot at such convention by proxy.Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast theprecinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewomanauthorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinctcommitteewoman's signature which complieswith K.S.A. 53-509 and amendments thereto.
(g) After a person has been elected to be appointed to filla vacancy in a district office, the chairperson or vice-chairperson of theconvention shall execute a certificate, under oath, stating that suchperson has been duly elected to be appointed to fill such vacancy andshall transmit such certificate either by hand delivery by a persondesignated by such chairperson orvice-chairperson or by registered mail,return receipt requested, to the governor and a copy thereof to thesecretary of state. If transmitted by registered mail, such certificateand the copy thereof shall be mailed within 24 hours ofsuch election, unless the day following such election is a Sunday orlegal holiday, in which case it shall be mailed by the next regularbusiness day. Thereupon, and not later than seven days after suchcertificate is received in the office of the governor, the governor, orin the governor's absence the lieutenant governor, shall fill suchvacancy by appointing to such district office the person so elected. Inthe event the governor or lieutenant governor fails to appoint anyperson as required by this subsection after receiving a lawfullyexecuted certificate hereunder, such person shall be deemed to have beenso appointed notwithstanding such failure. The person so appointed mayqualify and enter upon the duties of the district office immediatelyafter appointment.
History: L. 1972, ch. 131, § 2; L. 1975, ch. 216,§ 2; L. 1976, ch. 181, § 15;L. 1990, ch. 130, § 4;L. 1995, ch. 192, § 10;L. 2004, ch. 93, § 9; July 1.
