Bill Summary – FastDemocracy

Session of 2021
                   House Concurrent Resolution No. 5004
                              By Committee on Elections
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 A PROPOSITION to amend section 11 of article 1 of the constitution of
    the state of Kansas, relating to vacancies in executive offices.
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 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
     members elected (or appointed) and qualified to the House of
     Representatives and two-thirds of the members elected (or appointed)
     and qualified to the Senate 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. 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. When the office of secretary of
     state or attorney general is vacant, the governor shall fill the
     vacancy by appointment legislature shall provide by law for the
     filling of the vacancy for the remainder of the term. If the secretary
     of state or attorney general is disabled, the governor shall name
     legislature shall provide by law for the naming of a person to
     assume the powers and duties of the office until the disability is
     removed. The procedure for determining disability and the removal
     thereof shall be provided by law."
     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 in the
          offices of secretary of state and attorney general, by
          appointment, and to name persons to assume the powers and
          duties of the offices of secretary of state and attorney
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        general, if the secretary of state or attorney general is
        disabled, with a grant of authority to the legislature to
        provide by law for the filling of vacancies in those offices
        and for the naming of persons to assume those offices in the
        event of a disability.
     "A vote for this proposition would amend the Kansas
        constitution to permit the legislature to provide, by law, for
        the filling of vacancies in the offices of the secretary of state
        and the attorney general and to provide, by law, for the
        naming of persons to assume the offices of secretary of state
        and attorney general, if the person holding that office
        became disabled.
     "A vote against this proposition would not amend the
        constitution, in which case the current provision providing
        the governor with the authority to fill vacancies in the offices
        of secretary of state and attorney general, by
        appointment,and the authority to name persons to assume
        those offices in the event of disability would remain. "
     Sec. 3. This resolution, if approved by two-thirds of the members
 elected (or appointed) and qualified to the House of Representatives and
 two-thirds of the members elected (or appointed) and qualified to the
 Senate 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
 2022, unless a special election is called at a sooner date by concurrent
 resolution of the legislature, in which case it shall be submitted to the
 electors of the state at the special election.