Session of 1999
         
SENATE BILL No. 261
         
By Committee on Education
          
2-8
          
  9             AN  ACT concerning the state board of education; relating to the election
10             of the members thereof; amending K.S.A. 25-202, 25-1906, 25-3903,
11             25-3905, 25-3906 and 72-7504 and K.S.A. 1998 Supp. 25-1903 and
12             repealing the existing sections; also repealing K.S.A. 1998 Supp. 25-
13             3902a and 25-3904a.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 25-202 is hereby amended to read as follows: 25-
17       202. (a) Except as otherwise provided in subsection (b) this section, all
18       candidates for national, state, county and township offices shall be nom-
19       inated by: (1) A primary election held in accordance with article 2 of
20       chapter 25 of the Kansas Statutes Annotated and amendments thereto;
21       or (2) independent nomination petitions signed and filed as provided by
22       existing statutes.
23             (b) Candidates for any of such offices who are members of any po-
24       litical party whose candidate for governor did not poll at least 5% of the
25       total vote cast for all candidates for governor in the preceding general
26       election shall not be entitled to nomination by primary election but shall
27       be nominated by a delegate or mass convention according to article 3 of
28       chapter 25 of the Kansas Statutes Annotated and amendments thereto.
29             (c) No candidate for any national, state, county or township office
30       shall file for office as a partisan candidate in a primary election and also
31       file for office as an independent candidate for any national, state, county
32       or township office in the general election immediately following.
33             (d) The provisions of article 2 of chapter 25 of the Kansas Statutes
34       Annotated and amendments thereto shall not apply to the justices of the
35       supreme court or to judges of the district court in judicial districts which
36       have approved the proposition of nonpartisan selection of district court
37       judges, as provided in K.S.A. 20-2901, and amendments thereto, nor to
38       special elections to fill vacancies.
39             (e) The provisions of law relating to partisan primary elections shall
40       not apply to the election of members of the state board of education.
41             Sec.  2. K.S.A. 1998 Supp. 25-1903 is hereby amended to read as
42       follows: 25-1903. (a) A person may become a candidate for election to
43       the office of state board member by either one of the methods provided

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  1       in this section. (1) Any person who is an elector of any board member
  2       district may petition to be a candidate for member of the state board from
  3       the board member district in which such person resides. Any such person
  4       shall file with the secretary of state a petition for the candidacy of such
  5       person signed by not less than 200 electors residing in such board mem-
  6       ber district. (2) Any person who is an elector of any board member district
  7       may become a candidate for member of the state board from the board
  8       member district in which such candidate resides by filing in the office of
  9       the secretary of state a declaration of intent to be such a candidate and
10       payment of a filing fee in the amount of $25.
11             (b) Any such petition or declaration of intent filed by a candidate to
12       run in the primary election held in accordance with K.S.A. 25-203, and
13       amendments thereto, shall be filed no later than 12:00 noon, June 10,
14       prior to such primary election, or if such date falls on Saturday, Sunday
15       or a holiday, then before 12:00 noon of the next following day that is not
16       a Saturday, Sunday or a holiday. Any such petition or declaration of intent
17       filed by an independent candidate for the office of state board member
18       shall be filed no later than 12:00 noon on the Monday preceding the date
19       fixed for the holding of primary elections in accordance with K.S.A. 25-
20       203, and amendments thereto.
21             New Sec.  3. (a) Elections of members to the state board of education
22       shall be nonpartisan and laws applicable only to partisan elections shall
23       not apply in such elections. All laws applicable to elections, the violation
24       of which is a crime, shall be applicable to elections of members to the
25       state board of education.
26             (b) Except as is provided in subsection (a), laws applicable to elections
27       of state officers shall apply to elections of members to the state board of
28       education to the extent that the same are not in conflict with the provi-
29       sions of this act.
30             New Sec.  4. (a) No primary election of members of the state board
31       of education shall be held unless by holding such primary one or more
32       persons will be eliminated as candidates for office. In the event there are
33       not more than two candidates for any one office, the names of the can-
34       didates for such office shall not appear on the primary election ballots,
35       and there shall be no primary election for such office, but the names of
36       such candidates shall be placed on the general election ballot.
37             (b) The names of the two candidates receiving the greatest number
38       of votes for any member position at the primary election shall appear on
39       the ballots in the general election.
40             (c) No ballot in a primary election shall have names for any board
41       member position unless more than two candidates have filed for such
42       position.
43             (d) On the ballots in general elections, blank lines for the name of

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  1       write-in candidates shall be printed at the end of the list of candidates
  2       for office. The purpose of such blank lines shall be to permit the voter to
  3       insert the name of any person not printed on the ballot for whom such
  4       voter desires to vote for such office. No blank lines for write-in candidates
  5       shall appear on primary election ballots.
  6             New Sec.  5. Names of candidates appearing on the ballots in primary
  7       and general elections of members to the state board of education shall
  8       be listed in the various possible orders in rotation.
  9             Sec.  6. K.S.A. 25-1906 is hereby amended to read as follows: 25-
10       1906. (a) The regular term of office of members of the state board shall
11       be four (4) years. Regular terms shall commence on the second Monday
12       in January following election of the state board member.
13             (b) Of the members of the state board elected in the year 1968, five
14       (5) shall have terms ending on the second Monday in January in 1971,
15       and five (5) shall have terms ending on the second Monday in January in
16       1973. Members elected to board member positions 1, 3, 5, 7 and 9 shall
17       have the shorter terms and members elected to board member positions
18       2, 4, 6, 8 and 10 shall have the longer terms.
19             (c) Any member elected subsequent to 1968 shall be elected for a
20       four-year term, unless such election is to fill the unexpired term where a
21       vacancy has occurred on the board, in which case the member shall be
22       elected for the two (2) years remaining of the unexpired term.
23             (d) Members appointed to fill a vacancy in a board member position
24       shall serve from time of appointment until the second Monday in January
25       next following the election of a member to that board member position.
26             New Sec.  7. The members of the state board of education shall fill
27       by appointment any vacancy which occurs on the board. When a vacancy
28       occurs, the board shall publish a notice one time in the Kansas register
29       stating that the vacancy has occurred and that it will be filled by appoint-
30       ment by the board not sooner than 15 days after such publication. If the
31       vacancy occurs on or after May 1 of the second year of the term, the
32       person so appointed shall serve for the remainder of the unexpired term
33       and until a successor is elected and qualifies. If the vacancy occurs before
34       May 1 of the second year of the term, the person appointed to fill the
35       vacancy shall serve until a successor is elected and qualifies at the next
36       general election to serve the remainder of the unexpired term. The elec-
37       tion of such successor shall be in the same manner as election of a mem-
38       ber of the board for a regular term.
39             At such election, the ballots or ballot labels and returns of election with
40       respect to such office shall be designated as follows: "To fill the unexpired
41       term."
42             Sec.  8. K.S.A. 25-3903 is hereby amended to read as follows: 25-
43       3903. Whenever a vacancy occurs in the office of state representative or

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  1       state senator such vacancy shall be filled by appointment by the governor
  2       of the person elected to be so appointed by a district convention held as
  3       provided in K.S.A. 25-3902, and amendments thereto. Whenever a va-
  4       cancy occurs in the office of member of the state board of education,
  5       such vacancy shall be filled in the manner provided for in K.S.A. 25-3902a
  6       section 7, and amendments thereto.
  7             Sec.  9. K.S.A. 25-3905 is hereby amended to read as follows: 25-
  8       3905. (a) When a vacancy occurs after a primary election in a party can-
  9       didacy, such vacancy shall be filled by the party committee of the con-
10       gressional district, county or state, as the case may be, except if the
11       vacancy is in a party candidacy for a district office or for the office of
12       member of the state board of education, it shall be filled by district con-
13       vention held as provided in K.S.A. 25-3904, and amendments thereto, or
14       as provided in K.S.A. 25-3904a, and amendments thereto, and except as
15       otherwise provided in subsection (c) (d). Such convention shall be called
16       within 10 days of receipt of the notice that the vacancy has occurred or
17       will occur. If only one political party nominates a candidate at the primary
18       election and thereafter a vacancy occurs in such party candidacy, any
19       political party may fill such vacancy in the manner specified in this section.
20             (b) When a vacancy in a candidacy for the office of member of the
21       state board of education occurs after a primary election, such vacancy
22       shall be filled by the members of the state board of education.
23             (b) (c) In addition to other vacancies in party candidacies to which
24       this section applies, this section shall also apply when a vacancy occurs in
25       an office, and it is provided by law that such vacancy shall be filled by
26       appointment until the next general election at which time a person is to
27       be elected to fill the unexpired term, or words of like effect, and such
28       vacancy occurs after the primary election.
29             (c) (d) When a vacancy occurs after a primary election in a party
30       candidacy for governor or lieutenant governor, a vacancy shall thereby
31       also occur for the other of such two offices. Such vacancies shall be filled
32       by a state party delegate convention. The convention shall be called by
33       the state party chairperson. The delegates to the convention shall be the
34       state party committee members, and the officers of the convention shall
35       be the officers of the state party committee. At such convention the vote
36       to fill such vacancies shall be taken such that each convention vote shall
37       be for a candidate for governor and lieutenant governor running together.
38       If the initial vacancy that has occurred is for the office of lieutenant gov-
39       ernor, the person who is the candidate for governor of such pair of can-
40       didates shall be the only governor candidate at such convention.
41             Sec.  10. K.S.A. 25-3906 is hereby amended to read as follows: 25-
42       3906. (a) When a vacancy in a party candidacy for any national, state,
43       district or county elective office occurs under the circumstances specified

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  1       in this section, such vacancy shall be filled by the party committee of the
  2       congressional district, county or state, as the case may be, except that if
  3       such vacancy is in a party candidacy for a district office or for the office
  4       of member of the state board of education, it shall be filled by district
  5       convention held as provided in K.S.A. 25-3904, and amendments thereto,
  6       or as provided in K.S.A. 25-3904a, and amendments thereto, and except
  7       as otherwise provided in subsection (d) and (e) subsections (e) and (f).
  8       Such convention shall be called within 10 days of notice that a vacancy
  9       has occurred or will occur.
10             (b) When a vacancy in a candidacy for the office of state board of
11       education occurs during the time specified in subsection (c), such vacancy
12       shall be filled by the members of the state board of education.
13             (b) (c) This section shall apply to any vacancy in a party candidacy
14       which occurs after the closing time for filing to be a candidate specified
15       in K.S.A. 25-205, and amendments thereto, and prior to or on the day of
16       the primary election, if such occurrence results in a political party not
17       having a primary candidate for such office.
18             (c) (d) This section shall apply when a vacancy occurs in an office,
19       and it is provided by law that such vacancy shall be filled by appointment
20       until the next general election at which time a person is to be elected to
21       fill the unexpired term, or words of like effect, and such vacancy occurs
22       during the period specified in subsection (b) (c).
23             (d) (e) When a vacancy occurs during the period specified in subsec-
24       tion (b) (c) in a party candidacy for governor or lieutenant governor, and
25       the occurrence results in a political party not having a pair of primary
26       candidates for governor and lieutenant governor, a vacancy shall thereby
27       also occur for the other of such two offices. Such vacancies shall be filled
28       by a state party delegate convention. The convention shall be called by
29       the state party chairperson. The delegates to the convention shall be the
30       state party committee members, and the officers of the convention shall
31       be the officers of the state party committee. At such convention the vote
32       to fill such vacancies shall be taken such that each convention vote shall
33       be for a candidate for governor and lieutenant governor running together.
34       If the initial vacancy that has occurred is for the office of lieutenant gov-
35       ernor, the person who is the candidate for governor of such pair of can-
36       didates shall be the only governor candidate at such convention.
37             (e) (f) When there is more than one pair of candidates for governor
38       and lieutenant governor of the same party, and a vacancy occurs during
39       the period specified in subsection (b) (c) in a candidacy for lieutenant
40       governor of such party, and the occurrence results in a governor candidate
41       not having a lieutenant governor candidate, such vacancy shall be filled
42       by the candidate for governor of such pair of candidates designating a
43       candidate for lieutenant governor to be the running mate.

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  1             Sec.  11. K.S.A. 72-7504 is hereby amended to read as follows: 72-
  2       7504. (a) Whenever a vacancy shall occur in any board member position,
  3       such vacancy shall be filled in the manner provided for in K.S.A. 25-3902a
  4       section 7, and amendments thereto.
  5             (b) A vacancy shall occur in a board member position under any of
  6       the following circumstances:
  7             (1) Death of a board member on the date of death.
  8             (2) Removal of a board member, on the date the removal order is
  9       final, or if appealed to the court on the date the court action becomes
10       final.
11             (3) By written resignation of a member filed with the state board, on
12       the date specified in the resignation, which shall be not later than sixty
13       (60) days after such resignation is so filed.
14             (c) In the event that any board member changes his or her residence
15       outside of the district from which he or she such member was elected,
16       such member shall promptly resign promptly from the state board, and.
17       If such a member fails to resign he or she, such member shall be subject
18       to removal from office as provided by law. Any redistricting of board
19       member districts which results in a board member residing outside of his
20       or her the board member district from which such member was elected
21       shall not be grounds for removal and shall not disqualify such member
22       from service on the state board for the remainder of the term for which
23       he or she such member was elected or appointed. 
24       Sec.  12. K.S.A. 25-202, 25-1906, 25-3903, 25-3905, 25-3906 and 72-
25       7504 and K.S.A. 1998 Supp. 25-1903, 25-3902a and 25-3904a are hereby
26       repealed.
27        Sec.  13. This act shall take effect and be in force from and after its
28       publication in the Kansas register.