SESSION OF 2024
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR SENATE
BILL NO. 254
As Recommended by Senate Committee on
Federal and State Affairs

Brief*
Sub. for SB 254 would provide, in the case of a vacancy
in the office of U.S. Senator, that the Governor would appoint
a person who has been registered with the same political
party as the previously elected U.S. Senator for the ten years
preceding the vacancy to serve for the unexpired term, until a
successor is elected and qualified.
The bill would provide that if the previously elected U.S.
Senator was not registered with any political party, the
Governor would appoint a suitable person to serve for the
unexpired term and until a successor is elected and qualified.
Appointments by the Governor would be subject to
confirmation by the Senate. If the vacancy occurs while the
Legislature is not in session, KSA 46-2601 provides for the
Senate Committee on Confirmation Oversight to authorize, by
majority vote, the appointee to serve in the office until the
appointment could be confirmed by the full Senate at the next
regular or special session of the Legislature.
[Note: Current law provides for vacancies in the U.S.
Senate to be appointed by the Governor until the next
election of representatives in Congress.]


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Tyson.

Senate Committee on Federal and State Affairs
In the Senate Committee hearing, proponent testimony
was provided by Senator Tyson, who stated current law
provides for the Governor to appoint a replacement in the
case of a vacancy for U.S. Senate, and this decision is too
important to leave to a single person.
Written-only proponent testimony was provided by three
private citizens.
Neutral testimony was provided by a representative of
the Office of the Attorney General, who stated support of the
overall goal of the legislation while expressing concern about
its constitutionality. The conferee stated the Seventeenth
Amendment to the U.S. Constitution establishes that
appointments to the U.S. Senate must be made by the state’s
“executive,” and a court could find that the bill, as introduced,
delegates this power to an entity outside of the state’s
executive authority by providing it to a state party delegate
convention.
No other testimony was provided.
The Senate Committee amended the bill to provide for,
in the event of a vacancy in the U.S. Senate, the Governor to
appoint a suitable person to serve the unexpired term, subject
to Senate confirmation. The Senate Committee
recommended a substitute bill be passed incorporating its
amendments.


2- 254
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of the
Secretary of State indicates enactment of the bill would have
no fiscal effect.
U.S. Senate vacancy; appointment; Senate confirmation; Senate Committee on
Confirmation Oversight


3- 254


Statutes affected:
As introduced: 25-318
Version 2: 25-318