Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3904a.Procedure for filling vacancy in candidacy for stateboard of education; district convention; certificate to secretary ofstate.(a) When a vacancy occurs in aparty candidacy for the office of member of the state board of education, thecounty chairperson designated in subsection (b), (c) or (d), within 21 days ofreceipt of notice that the vacancy has occurred or will occur, shall call andconvene a district convention for the purpose of electing a person to fill suchvacancy. If such county chairperson is absent or for any reason is unable tocall or refuses to call such convention, then the county vice-chairperson shallcall the convention and perform the other duties required of such chairpersonunder this section.
(b) If the board member district lies within a single county, the countychairperson of such county shall call a convention of all precinct committeemenand committeewomen of the party of the precincts in such district in the mannerprovided by subsections (b) and (d) of K.S.A. 25-3904 and amendments thereto,and such convention shall be conducted in the manner provided in subsection (e)of K.S.A. 25-3904 and amendments thereto.
(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 precinct committeemen and committeewomenof the party of the precincts in such district in the manner provided bysubsections (c) and (d) of K.S.A. 25-3904 and amendments thereto, and suchconvention shall be conducted as provided in subsection (e) of K.S.A. 25-3904and amendments thereto.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 board memberdistrict, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call aconvention of all county chairpersons and vice-chairpersons of the party of thecounties in such district.Such convention shall be held at a location within the district selected bythe chairperson calling the convention.Such county chairperson shall call the convention bymailing a notice to each such county chairperson and vice-chairperson at leastseven days before the date of the convention. Such notice shall state: (1) Theplace where the 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, the countychairperson who called the convention shall act as temporary chairperson andshall call the convention to order. One-third of the eligible members of theconvention shall constitute a quorum for such election. In the event a quorumis not present at the time and place that such convention is called, themembers present shall adjourn the convention to a day and time certain, whichshall be not later than 14 days after such adjournment of such convention andprovide for notification of the time and place of such adjourned convention tobe given to the eligible members not present. The convention shall proceed toorganize by electing a permanent chairperson and such other officers asnecessary. After the convention is organized, it shall proceed to elect aperson to fill the vacancy in the party candidacy. Such election shall be bysecret ballot and the person elected shall be the one who shall receive themajority of all the votes cast. If no person receives a majority of all votescast on any ballot, the balloting shall continue until some person receives amajority of all the votes cast. Each county chairperson and vice-chairperson ofthe party of the counties in such district shall be entitled to vote. Exceptas provided in subsection (f), no countychairperson or vice-chairperson shall be represented or shall vote by proxy.The convention may adopt rules necessary to govern its procedure in makingnominations, voting, counting and canvassing votes and for the conduct of anybusiness which may properly be brought before the convention, but such rulesshall not be in conflict with the provisions 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 fill a vacancy in a partycandidacy forthe office of member of the state board of education, the chairperson orvice-chairperson of the convention shall execute a certificate, under oath,stating that such person has been duly elected to fill such vacancy and shalltransmit such certificate to the secretary of state.
History: L. 1975, ch. 216, § 6; L. 1990, ch. 130, § 7; L. 1992,ch. 237, § 9;L. 1995, ch. 192, § 13;L. 2004, ch. 93, § 12; July 1.
Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3904a.Procedure for filling vacancy in candidacy for stateboard of education; district convention; certificate to secretary ofstate.(a) When a vacancy occurs in aparty candidacy for the office of member of the state board of education, thecounty chairperson designated in subsection (b), (c) or (d), within 21 days ofreceipt of notice that the vacancy has occurred or will occur, shall call andconvene a district convention for the purpose of electing a person to fill suchvacancy. If such county chairperson is absent or for any reason is unable tocall or refuses to call such convention, then the county vice-chairperson shallcall the convention and perform the other duties required of such chairpersonunder this section.
(b) If the board member district lies within a single county, the countychairperson of such county shall call a convention of all precinct committeemenand committeewomen of the party of the precincts in such district in the mannerprovided by subsections (b) and (d) of K.S.A. 25-3904 and amendments thereto,and such convention shall be conducted in the manner provided in subsection (e)of K.S.A. 25-3904 and amendments thereto.
(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 precinct committeemen and committeewomenof the party of the precincts in such district in the manner provided bysubsections (c) and (d) of K.S.A. 25-3904 and amendments thereto, and suchconvention shall be conducted as provided in subsection (e) of K.S.A. 25-3904and amendments thereto.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 board memberdistrict, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call aconvention of all county chairpersons and vice-chairpersons of the party of thecounties in such district.Such convention shall be held at a location within the district selected bythe chairperson calling the convention.Such county chairperson shall call the convention bymailing a notice to each such county chairperson and vice-chairperson at leastseven days before the date of the convention. Such notice shall state: (1) Theplace where the 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, the countychairperson who called the convention shall act as temporary chairperson andshall call the convention to order. One-third of the eligible members of theconvention shall constitute a quorum for such election. In the event a quorumis not present at the time and place that such convention is called, themembers present shall adjourn the convention to a day and time certain, whichshall be not later than 14 days after such adjournment of such convention andprovide for notification of the time and place of such adjourned convention tobe given to the eligible members not present. The convention shall proceed toorganize by electing a permanent chairperson and such other officers asnecessary. After the convention is organized, it shall proceed to elect aperson to fill the vacancy in the party candidacy. Such election shall be bysecret ballot and the person elected shall be the one who shall receive themajority of all the votes cast. If no person receives a majority of all votescast on any ballot, the balloting shall continue until some person receives amajority of all the votes cast. Each county chairperson and vice-chairperson ofthe party of the counties in such district shall be entitled to vote. Exceptas provided in subsection (f), no countychairperson or vice-chairperson shall be represented or shall vote by proxy.The convention may adopt rules necessary to govern its procedure in makingnominations, voting, counting and canvassing votes and for the conduct of anybusiness which may properly be brought before the convention, but such rulesshall not be in conflict with the provisions 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 fill a vacancy in a partycandidacy forthe office of member of the state board of education, the chairperson orvice-chairperson of the convention shall execute a certificate, under oath,stating that such person has been duly elected to fill such vacancy and shalltransmit such certificate to the secretary of state.
History: L. 1975, ch. 216, § 6; L. 1990, ch. 130, § 7; L. 1992,ch. 237, § 9;L. 1995, ch. 192, § 13;L. 2004, ch. 93, § 12; July 1.
Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES
25-3904a.Procedure for filling vacancy in candidacy for stateboard of education; district convention; certificate to secretary ofstate.(a) When a vacancy occurs in aparty candidacy for the office of member of the state board of education, thecounty chairperson designated in subsection (b), (c) or (d), within 21 days ofreceipt of notice that the vacancy has occurred or will occur, shall call andconvene a district convention for the purpose of electing a person to fill suchvacancy. If such county chairperson is absent or for any reason is unable tocall or refuses to call such convention, then the county vice-chairperson shallcall the convention and perform the other duties required of such chairpersonunder this section.
(b) If the board member district lies within a single county, the countychairperson of such county shall call a convention of all precinct committeemenand committeewomen of the party of the precincts in such district in the mannerprovided by subsections (b) and (d) of K.S.A. 25-3904 and amendments thereto,and such convention shall be conducted in the manner provided in subsection (e)of K.S.A. 25-3904 and amendments thereto.
(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 precinct committeemen and committeewomenof the party of the precincts in such district in the manner provided bysubsections (c) and (d) of K.S.A. 25-3904 and amendments thereto, and suchconvention shall be conducted as provided in subsection (e) of K.S.A. 25-3904and amendments thereto.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 board memberdistrict, the county chairperson of the countyin which the greatest number of qualified voters of the district resideshall call aconvention of all county chairpersons and vice-chairpersons of the party of thecounties in such district.Such convention shall be held at a location within the district selected bythe chairperson calling the convention.Such county chairperson shall call the convention bymailing a notice to each such county chairperson and vice-chairperson at leastseven days before the date of the convention. Such notice shall state: (1) Theplace where the 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, the countychairperson who called the convention shall act as temporary chairperson andshall call the convention to order. One-third of the eligible members of theconvention shall constitute a quorum for such election. In the event a quorumis not present at the time and place that such convention is called, themembers present shall adjourn the convention to a day and time certain, whichshall be not later than 14 days after such adjournment of such convention andprovide for notification of the time and place of such adjourned convention tobe given to the eligible members not present. The convention shall proceed toorganize by electing a permanent chairperson and such other officers asnecessary. After the convention is organized, it shall proceed to elect aperson to fill the vacancy in the party candidacy. Such election shall be bysecret ballot and the person elected shall be the one who shall receive themajority of all the votes cast. If no person receives a majority of all votescast on any ballot, the balloting shall continue until some person receives amajority of all the votes cast. Each county chairperson and vice-chairperson ofthe party of the counties in such district shall be entitled to vote. Exceptas provided in subsection (f), no countychairperson or vice-chairperson shall be represented or shall vote by proxy.The convention may adopt rules necessary to govern its procedure in makingnominations, voting, counting and canvassing votes and for the conduct of anybusiness which may properly be brought before the convention, but such rulesshall not be in conflict with the provisions 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 fill a vacancy in a partycandidacy forthe office of member of the state board of education, the chairperson orvice-chairperson of the convention shall execute a certificate, under oath,stating that such person has been duly elected to fill such vacancy and shalltransmit such certificate to the secretary of state.
History: L. 1975, ch. 216, § 6; L. 1990, ch. 130, § 7; L. 1992,ch. 237, § 9;L. 1995, ch. 192, § 13;L. 2004, ch. 93, § 12; July 1.
