SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2090
As Amended by Senate Committee on
Transparency and Ethics

Brief*
HB 2090, as amended, would establish a process for the
handling of temporary vacancies due to military service of any
officer or employee (officer) of the State or political
subdivisions of the State.
The bill would require, upon a determination by such
officer that such officer’s military service requires a temporary
appointment for such officer’s vacancy, such officer to submit
an approved form to be filed:
● With the Secretary of State, if the officer is an
elected state official;
● With the county clerk containing the largest portion
of the territory of the political subdivision, if the
officer is an elected official of a political subdivision;
or
● With their human resources department or other
official as determined by the officer’s employer, if
the officer is an employee who is not an elected
official.
The bill would also require such officer to submit an
approved form with the respective official or department upon
such officer’s return from military service.

____________________
*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
 The bill would state, if the officer’s military service
creates a temporary vacancy and the officer has filed the
approved form as outlined above:
● Such temporary vacancy must be temporarily filled
by the appointive authority for the partisan elective
office by an appointment, if the officer is an elected
official; and
● Such temporary vacancy may be temporarily filled
by the appointive authority for the employee by
appointment, if the employee is not an elected
official or is an official elected to a nonpartisan
elective office.
The bill would state individuals appointed by the process
outlined above would hold the office or position they are
appointed to during the temporary vacancy.
The bill would expand the definition of “military service”
to include active service in the Air Force, Coast Guard,
Kansas Air National Guard, Kansas Army National Guard,
Space Force, or any branch of the U.S. military reserves.
[Note: “Military service” as defined in current law includes
active service in the Army, Navy, and Marine Corps.]
The bill would require all precinct committeemen,
committeewomen, and appointees to report their address,
phone number, and email address (if available) to the county
election officer. The bill would require the report of such
information within three days of the election or appointment of
such committeeman, committeewoman, or appointee.
The bill would also make technical amendments.

Background
The bill was introduced by the House Committee on
Elections at the request of Representative Croft.

2- 2090
House Committee on Elections
In the House Committee hearing, Representative
Proctor testified as a proponent, stating the current law
governing military service was enacted in 1941, before
certain branches of the military were created. He noted those
officers serving in the other branches of the military deserve
the same process for handling a temporary vacancy from
their jobs due to military service as those officers serving in
branches included in current law.
A representative of the League of Kansas Municipalities
testified as neutral, asking for clarification for the temporary
vacancy appointment process for officers that are city-elected
officials or employees.
The House Committee amended the bill to clarify the
process for temporary vacancy appointments for statewide
and local elected officials.

Senate Committee on Transparency and Ethics
In the Senate Committee hearing, Representative
Proctor testified as a proponent, stating the bill would make
clear the procedure for servicemembers to notify the State of
their vacancy and for employers to temporarily fill such
vacancy.
No other testimony was provided.
The Senate Committee amended the bill to insert a
provision requiring precinct committeemen,
committeewomen, and appointees to report their address,
phone number, and email address (if available) to the county
election officer.


3- 2090
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Department of
Administration indicates enactment of the bill would have no
fiscal effect, as the bill would establish a process in statute
that already takes place on a regular basis.
Temporary vacancy; employee; military service; state and local government; elected
official; precinct


4- 2090


Statutes affected:
As introduced: 73-214, 73-215, 73-218, 73-219, 73-213
As Amended by House Committee: 73-214, 73-215, 73-218, 73-219, 73-213
As Amended by Senate Committee: 25-3801, 73-213, 73-214, 73-215, 73-218, 73-219