Session of 1999
SENATE BILL No. 229
An Act concerning elections; relating to
appointment procedures for precinct committees;
amending K.S.A. 19-2606, 25-3801, 46-160 and
72-7504 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-3801 is hereby
amended to read as follows: 25-
3801. (a) At each primary election, the members of the party
residing in
each precinct in each county of the state shall elect a man of
their number
as precinct committeeman and a woman of their number as
precinct
committeewoman. No person shall be eligible to be a candidate for
or
hold the office of precinct committeeman or precinct
committeewoman
of a party in any precinct unless such person actually lives,
resides and
occupies a place of abode in such precinct, and is in all other
respects a
qualified elector and is shown as a member of such party on the
party
affiliation list, in the office of the county election officer.
Except as pro-
vided in subsection (b), vacancies any
vacancy occurring in the office of
precinct committeeman or committeewoman shall be promptly filled
by
appointment by the county chairperson, except that any vacancy
which
occurs because the party had no candidate at such primary election
shall
not be filled until the county central committee has elected or
reelected
its chairperson under K.S.A. 25-3802 and amendments thereto. Not
later
than three days after appointment of precinct committeemen and
com-
mitteewomen, the county chairperson making the appointments shall
no-
tify the county election officer of such appointments. The county
election
officer shall make such appointments public immediately upon
receipt
thereof. As used in this act, ``primary election'' means the
statewide elec-
tion held in August of even-numbered years.
(b) When a convention is to be held under
article 39 of chapter 25
of Kansas Statutes Annotated to fill a vacancy, no appointments
shall be
made under subsection (a) after notice calling the
convention has been
given until the convention has been held and the person to
fill the vacancy
has been elected by the convention: (1) After
the county chairperson has
received notice from the county election officer of a vacancy or
a pending
vacancy in a county elected office; or (2) after the county
chairperson in
each county, all or a part of which, is located within a
legislative district
has received notice from the secretary of state of a vacancy or
a pending
vacancy in a legislative office.
After the vacancy has been filled by a
person elected at a convention
held under article 39 of chapter 25 of the Kansas Statutes
Annotated, any
vacancy in the office of precinct committeeman or committeewoman
shall
be filled as provided by subsection (a).
Sec. 2. K.S.A. 19-2606 is hereby
amended to read as follows: 19-
2606. All county officers who hold their office by election shall
make their
resignation in writing to file a written notice
of such resignation in the
office of the officer or officers authorized by law to fill
vacancies in such
office. The officer resigning from office also shall send a copy
of the notice
of resignation to the county election officer. Such
a notice of resignation
shall state the date on which the resignation is to become
effective.
Sec. 3. K.S.A. 46-160 is hereby
amended to read as follows: 46-160.
Any member of the senate or house of representatives resigning
from
such office shall file a written notice of such resignation in the
office of
the secretary of state. Such notice of resignation shall
state the effective
date of the resignation. Upon receiving such notice of
resignation, the
secretary of state shall notify the governor and the president of
the senate
if the person is a member of the senate or the speaker of the house
of
representatives if the person is a member of the house of
representatives.
In addition The secretary of state shall notify
the county chairperson of
the political party required to call the convention for the
selection of a
person to be appointed to fill the vacancy occasioned by such
resignation
as required by K.S.A. 25-3902, and amendments thereto. The
secretary
of state shall notify the chairperson of the political party of
each county,
all or part of which, is located within the district of the
officer resigning
from office.
Sec. 4. K.S.A. 72-7504 is hereby
amended to read as follows: 72-
7504. (a) Whenever a vacancy shall occur
occurs in any board member
position, such vacancy shall be filled in the manner provided
for in K.S.A.
25-3902a, and amendments thereto.
(b) A vacancy shall
occur occurs in a board member position under
any of the following circumstances:
(1) Death of a board member, on
the date of death.
(2) Removal of a board member, on the
date the removal order is
final, or if appealed to the court, on the date the court
action becomes
final.
(3) By written notice of
resignation of a member filed with the state
board, on the date specified in the notice of resignation,
which shall be
not later than sixty (60) 60 days after
such notice of resignation is so filed.
The member resigning from the board also shall send a copy of
the notice
of resignation to the secretary of state.
(c) In the event that any board member
changes his or her residence
outside of the district from which he or she was
elected, such member
shall promptly shall resign from the state
board, and. If such a member
fails to resign he or she such member shall
be subject to removal from
office as provided by law. Any redistricting of board member
districts
which results in a board member residing outside of his or
her the board
member district shall not be grounds for removal and shall not
disqualify
such member from service on the state board for the remainder of
the
term for which he or she the member was
elected or appointed.
Sec. 5. K.S.A. 19-2606, 25-3801,
46-160 and 72-7504 are hereby re-
pealed.
Sec. 6. This act shall take effect
and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
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SENATE concurred in
HOUSE amendments ______________________________
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Passed the HOUSE
as amended ______________________________
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APPROVED ______________________________
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