Bill Summary – FastDemocracy

Session of 2024
                   Senate Concurrent Resolution No. 1617
                       By Committee on Federal and State Affairs
                                         2-1

 A PROPOSITION to amend section 11 of article 1 of the constitution of
    the state of Kansas; relating to vacancies in the offices of the secretary
    of state and the attorney general.
 4
 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
     members elected (or appointed) and qualified to the Senate and two-
     thirds of the members elected (or appointed) and qualified to the
     House of Representatives concurring therein:
     Section 1. The following proposition to amend the constitution of
 the state of Kansas shall be submitted to the qualified electors of the state
 for their approval or rejection: Section 11 of article 1 of the constitution
 of the state of Kansas is hereby amended to read as follows:
         "§ 11. Vacancies in executive offices. (a) When the office of
     governor is vacant, the lieutenant governor shall become governor.
     In the event of the disability of the governor, the lieutenant
     governor shall assume the powers and duties of governor until the
     disability is removed. The legislature shall provide by law for the
     succession to the office of governor should the offices of governor
     and lieutenant governor be vacant, and for the assumption of the
     powers and duties of governor during the disability of the
     governor, should the office of lieutenant governor be vacant or the
     lieutenant governor be disabled.
         (b) (1) When the office of secretary of state or attorney
     general is vacant, the governor shall fill the vacancy by
     appointment for the remainder of the term. If the secretary of state
     or attorney general is disabled, the governor shall name a person to
     assume the powers and duties of the office until the disability is
     removed or if the secretary of state or attorney general is disabled,
     the vacancy in either case shall be filled by a state party delegate
     convention of the party of the executive officer at the time of such
     officer's election, except as provided in paragraph (4). The
     procedure for determining disability and the removal thereof shall
     be provided by law.
         (2) The convention shall be called by the state party
     chairperson. Such convention shall be convened within 21 days of
     notice that a vacancy has occurred or will occur. The delegates to
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   the convention shall be the state party committee members. The
   officers of the convention shall be the officers of the state party
   committee. At such convention, the vote to fill such vacancy shall
   be taken. The election shall be by secret ballot, and the person
   elected shall be the person who receives the majority of all votes
   cast. If no person receives a majority of all votes cast on any
   ballot, the balloting shall continue until a person receives a
   majority of all the votes cast. Each state delegate of the party shall
   be entitled to vote. No state delegate shall be represented or vote
   by proxy. The convention may adopt such rules necessary to
   govern its procedure in making nominations, voting, counting and
   canvassing votes and for the conduct of any business that may
   properly be brought before the convention, except that such rules
   shall not be in conflict with the provisions of this section.
       (3) After a person has been elected to fill the vacancy, the
   chairperson or vice-chairperson of the party committee shall
   execute a certificate, under oath, stating that such person has been
   duly elected to fill such vacancy. The chairperson or vice-
   chairperson shall transmit such certificate either by hand delivery
   by a person designated by the chairperson or vice-chairperson or
   by registered mail, return receipt requested, to the governor and a
   copy to the secretary of state. If transmitted by registered mail,
   such certificate and copy shall be mailed within 24 hours of the
   election, unless the day following the election is a Sunday or legal
   holiday, in which case, it shall be mailed by the next regular
   business day. Not later than seven days after the certificate is
   received in the office of the governor, the governor, or in the
   governor's absence, the lieutenant governor, shall fill the vacancy
   by appointing to the office of the secretary of state or the attorney
   general the person elected. In the event the governor or the
   lieutenant governor fails to appoint any person as required by this
   subsection after receiving a lawfully executed certificate, such
   person shall be deemed to have been appointed notwithstanding
   the governor's or lieutenant governor's failure to appoint such
   person. The person so appointed may qualify and enter upon the
   duties of the secretary of state or the attorney general immediately
   after appointment and shall serve for the unexpired term and until
   a successor is elected and qualified.
       (4) If the secretary of state or the attorney general whose
   office will become or has become vacant was an independent when
   elected, the vacancy shall be filled by the governor, who shall
   appoint a suitable person to serve for the unexpired term and until
   a successor is elected and qualified."
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     Sec. 2. The following statement shall be printed on the ballot with
 the amendment as a whole:
     "Explanatory statement. The purpose of this amendment is to
        replace the authority of the governor to fill vacancies by
        appointment in the offices of secretary of state and attorney
        general with an election for the filling of vacancies in those
        offices conducted at a convention of the state party delegates
        for the political party of the secretary of state or attorney
        general at the time of such officer's election, unless such
        officer was an independent candidate at the time of election,
        in which case, the governor shall make an appointment to fill
        the vacancy.
     "A vote for this proposition would replace the authority of the
        governor to fill vacancies by appointment in the offices of
        secretary of state and attorney general with an election for
        the filling of vacancies in those offices conducted at a
        convention of the state party delegates for the political party
        of the secretary of state or attorney general at the time of
        such officer's election, unless such officer was an
        independent candidate at the time of election, in which case,
        the governor shall make an appointment to fill the vacancy.
     "A vote against this proposition would make no changes to the
        constitution with respect to filling vacancies in the offices of
        the secretary of state or attorney general and the current
        provision giving the governor authority to fill vacancies by
        appointment in those offices."
     Sec. 3. This resolution, if approved by two-thirds of the members
 elected (or appointed) and qualified to the Senate and two-thirds of the
 members elected (or appointed) and qualified to the House of
 Representatives, shall be entered on the journals, together with the yeas
 and nays. The secretary of state shall cause this resolution to be published
 as provided by law and shall cause the proposed amendment to be
 submitted to the electors of the state at the general election in November
 in the year 2024, unless a special election is called at a sooner date by
 concurrent resolution of the legislature, in which case the proposed
 amendment shall be submitted to the electors of the state at the special
 election.