Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3902a.Procedure for filling vacancy in state board ofeducation; district convention; appointment by governor.(a) When a vacancy occurs in the office of member of the state boardof education, the county chairperson designated in subsection (b), (c) or(d), within 21 days of receipt of notice that a vacancy has occurredor will occurshall call and convene a district convention for the purpose of electing aperson to be appointed by the governor to fill the vacancy. Such personshall be an elector of the same political party as that of the boardmember vacating such position and shall reside in the board memberdistrict corresponding to such board member position. If such countychairperson is absent or for any reason is unable to call or refuses tocall such convention, then the countyvice-chairperson shall call theconvention and perform the other duties required of suchchairperson under this section.
(b) If the board member district lies within a single county, thecounty chairperson of such county shall call a convention of all precinctcommitteemen and committeewomen of the party of the precincts in suchdistrict in the manner provided by subsections (b) and (d) of K.S.A.25-3902 and amendments thereto, and such convention shall be conducted asprovided in subsection (e).
(c) If all or part of more than one and less than five counties lie withinthe board member district, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call a convention of all precinctcommitteemen and committeewomen of the party of the precincts in suchdistrict in the manner provided by subsections (c) and (d) of K.S.A.25-3902 and amendments thereto, and such convention shall be conducted asprovided in subsection (e).Such convention shall be held at a location within the district selected bythe chairperson calling the convention.
(d) If all or part of five or more counties lie within the boardmember district, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call a convention of all countychairpersons and vice-chairpersons of theparty of the counties in such district.Such convention shall be held at a location within the district selected bythe chairperson calling the convention.Such county chairperson shall callthe convention by mailing a notice to each such county chairperson andvice-chairperson, at least seven days before the date of theconvention. Such notice shall state: (1) The place where the conventionis to be held; (2) the time when the convention will convene; and (3)the purpose for which the convention is to be held, and such conventionshall be conducted as provided in subsection (e).
(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 than14 days after adjournment of such convention, and provide fornotification of the time and place of such adjourned convention to begiven to the eligible members not present. The convention shall proceedto organize by electing a permanent chairperson and suchother officers as necessary. After the convention is organized, it shallproceed to elect a person to be appointed by the governor to fill thevacancy. Such election shall be by secret ballot and the person electedshall be the one who shall receive the majority of all the votes cast.If no person receives a majority of all votes cast on any ballot, theballoting shall continue until some person receives a majority of allthe votes cast. Each county chairpersonand vice-chairperson of the party ofthe counties in such district shall be entitled to vote. Except as providedin subsection (f), no county chairpersonor vice-chairperson shall berepresented or shall vote by proxy.The convention may adopt such rules as necessary to governits procedure in making nominations, voting, counting and canvassingvotes and for the conduct of any business which may properly be broughtbefore the convention, but such rules shall not be in conflict with theprovisions of this section.
(f) (1) A precinct committeeman or committeewoman who serves as countychairperson or vice-chairperson may vote by proxy at a convention calledpursuant 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 the office of member of the state board of education, thechairperson or vice-chairperson of theconvention shall execute a certificate,under oath, stating that such person has been duly elected to beappointed to fill such vacancy and shall transmit such certificate tothe governor. 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 the office of member of the state board ofeducation the person so elected. In the event the governor or lieutenantgovernor fails to appoint any person as required by this subsectionafter receiving a lawfully executed certificate hereunder, such personshall be deemed to have been so appointed notwithstanding such failure.The person so appointed may qualify and enter upon the duties of officeimmediately after appointment.
(h) A person shall be elected to be appointed to fill a vacancy in theoffice of member of the state board of education within 35 daysafter such vacancy occurs. If no person is so elected withinthe 35-day period,the governor shall fill such vacancy by appointment of an elector of thesame political party as that of the board member vacating such positionand who resides in the board member district corresponding to such boardmember position. The person so appointed may qualify and enter upon theduties of office immediately after appointment.
History: L. 1975, ch. 216, § 4; L. 1975, ch. 217, § 3;L. 1990, ch. 130, § 5;L. 1995, ch. 192, § 11;L. 2004, ch. 93, § 10; July 1.
Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3902a.Procedure for filling vacancy in state board ofeducation; district convention; appointment by governor.(a) When a vacancy occurs in the office of member of the state boardof education, the county chairperson designated in subsection (b), (c) or(d), within 21 days of receipt of notice that a vacancy has occurredor will occurshall call and convene a district convention for the purpose of electing aperson to be appointed by the governor to fill the vacancy. Such personshall be an elector of the same political party as that of the boardmember vacating such position and shall reside in the board memberdistrict corresponding to such board member position. If such countychairperson is absent or for any reason is unable to call or refuses tocall such convention, then the countyvice-chairperson shall call theconvention and perform the other duties required of suchchairperson under this section.
(b) If the board member district lies within a single county, thecounty chairperson of such county shall call a convention of all precinctcommitteemen and committeewomen of the party of the precincts in suchdistrict in the manner provided by subsections (b) and (d) of K.S.A.25-3902 and amendments thereto, and such convention shall be conducted asprovided in subsection (e).
(c) If all or part of more than one and less than five counties lie withinthe board member district, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call a convention of all precinctcommitteemen and committeewomen of the party of the precincts in suchdistrict in the manner provided by subsections (c) and (d) of K.S.A.25-3902 and amendments thereto, and such convention shall be conducted asprovided in subsection (e).Such convention shall be held at a location within the district selected bythe chairperson calling the convention.
(d) If all or part of five or more counties lie within the boardmember district, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call a convention of all countychairpersons and vice-chairpersons of theparty of the counties in such district.Such convention shall be held at a location within the district selected bythe chairperson calling the convention.Such county chairperson shall callthe convention by mailing a notice to each such county chairperson andvice-chairperson, at least seven days before the date of theconvention. Such notice shall state: (1) The place where the conventionis to be held; (2) the time when the convention will convene; and (3)the purpose for which the convention is to be held, and such conventionshall be conducted as provided in subsection (e).
(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 than14 days after adjournment of such convention, and provide fornotification of the time and place of such adjourned convention to begiven to the eligible members not present. The convention shall proceedto organize by electing a permanent chairperson and suchother officers as necessary. After the convention is organized, it shallproceed to elect a person to be appointed by the governor to fill thevacancy. Such election shall be by secret ballot and the person electedshall be the one who shall receive the majority of all the votes cast.If no person receives a majority of all votes cast on any ballot, theballoting shall continue until some person receives a majority of allthe votes cast. Each county chairpersonand vice-chairperson of the party ofthe counties in such district shall be entitled to vote. Except as providedin subsection (f), no county chairpersonor vice-chairperson shall berepresented or shall vote by proxy.The convention may adopt such rules as necessary to governits procedure in making nominations, voting, counting and canvassingvotes and for the conduct of any business which may properly be broughtbefore the convention, but such rules shall not be in conflict with theprovisions of this section.
(f) (1) A precinct committeeman or committeewoman who serves as countychairperson or vice-chairperson may vote by proxy at a convention calledpursuant 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 the office of member of the state board of education, thechairperson or vice-chairperson of theconvention shall execute a certificate,under oath, stating that such person has been duly elected to beappointed to fill such vacancy and shall transmit such certificate tothe governor. 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 the office of member of the state board ofeducation the person so elected. In the event the governor or lieutenantgovernor fails to appoint any person as required by this subsectionafter receiving a lawfully executed certificate hereunder, such personshall be deemed to have been so appointed notwithstanding such failure.The person so appointed may qualify and enter upon the duties of officeimmediately after appointment.
(h) A person shall be elected to be appointed to fill a vacancy in theoffice of member of the state board of education within 35 daysafter such vacancy occurs. If no person is so elected withinthe 35-day period,the governor shall fill such vacancy by appointment of an elector of thesame political party as that of the board member vacating such positionand who resides in the board member district corresponding to such boardmember position. The person so appointed may qualify and enter upon theduties of office immediately after appointment.
History: L. 1975, ch. 216, § 4; L. 1975, ch. 217, § 3;L. 1990, ch. 130, § 5;L. 1995, ch. 192, § 11;L. 2004, ch. 93, § 10; July 1.
Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3902a.Procedure for filling vacancy in state board ofeducation; district convention; appointment by governor.(a) When a vacancy occurs in the office of member of the state boardof education, the county chairperson designated in subsection (b), (c) or(d), within 21 days of receipt of notice that a vacancy has occurredor will occurshall call and convene a district convention for the purpose of electing aperson to be appointed by the governor to fill the vacancy. Such personshall be an elector of the same political party as that of the boardmember vacating such position and shall reside in the board memberdistrict corresponding to such board member position. If such countychairperson is absent or for any reason is unable to call or refuses tocall such convention, then the countyvice-chairperson shall call theconvention and perform the other duties required of suchchairperson under this section.
(b) If the board member district lies within a single county, thecounty chairperson of such county shall call a convention of all precinctcommitteemen and committeewomen of the party of the precincts in suchdistrict in the manner provided by subsections (b) and (d) of K.S.A.25-3902 and amendments thereto, and such convention shall be conducted asprovided in subsection (e).
(c) If all or part of more than one and less than five counties lie withinthe board member district, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call a convention of all precinctcommitteemen and committeewomen of the party of the precincts in suchdistrict in the manner provided by subsections (c) and (d) of K.S.A.25-3902 and amendments thereto, and such convention shall be conducted asprovided in subsection (e).Such convention shall be held at a location within the district selected bythe chairperson calling the convention.
(d) If all or part of five or more counties lie within the boardmember district, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call a convention of all countychairpersons and vice-chairpersons of theparty of the counties in such district.Such convention shall be held at a location within the district selected bythe chairperson calling the convention.Such county chairperson shall callthe convention by mailing a notice to each such county chairperson andvice-chairperson, at least seven days before the date of theconvention. Such notice shall state: (1) The place where the conventionis to be held; (2) the time when the convention will convene; and (3)the purpose for which the convention is to be held, and such conventionshall be conducted as provided in subsection (e).
(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 than14 days after adjournment of such convention, and provide fornotification of the time and place of such adjourned convention to begiven to the eligible members not present. The convention shall proceedto organize by electing a permanent chairperson and suchother officers as necessary. After the convention is organized, it shallproceed to elect a person to be appointed by the governor to fill thevacancy. Such election shall be by secret ballot and the person electedshall be the one who shall receive the majority of all the votes cast.If no person receives a majority of all votes cast on any ballot, theballoting shall continue until some person receives a majority of allthe votes cast. Each county chairpersonand vice-chairperson of the party ofthe counties in such district shall be entitled to vote. Except as providedin subsection (f), no county chairpersonor vice-chairperson shall berepresented or shall vote by proxy.The convention may adopt such rules as necessary to governits procedure in making nominations, voting, counting and canvassingvotes and for the conduct of any business which may properly be broughtbefore the convention, but such rules shall not be in conflict with theprovisions of this section.
(f) (1) A precinct committeeman or committeewoman who serves as countychairperson or vice-chairperson may vote by proxy at a convention calledpursuant 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 the office of member of the state board of education, thechairperson or vice-chairperson of theconvention shall execute a certificate,under oath, stating that such person has been duly elected to beappointed to fill such vacancy and shall transmit such certificate tothe governor. 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 the office of member of the state board ofeducation the person so elected. In the event the governor or lieutenantgovernor fails to appoint any person as required by this subsectionafter receiving a lawfully executed certificate hereunder, such personshall be deemed to have been so appointed notwithstanding such failure.The person so appointed may qualify and enter upon the duties of officeimmediately after appointment.
(h) A person shall be elected to be appointed to fill a vacancy in theoffice of member of the state board of education within 35 daysafter such vacancy occurs. If no person is so elected withinthe 35-day period,the governor shall fill such vacancy by appointment of an elector of thesame political party as that of the board member vacating such positionand who resides in the board member district corresponding to such boardmember position. The person so appointed may qualify and enter upon theduties of office immediately after appointment.
History: L. 1975, ch. 216, § 4; L. 1975, ch. 217, § 3;L. 1990, ch. 130, § 5;L. 1995, ch. 192, § 11;L. 2004, ch. 93, § 10; July 1.
