Session of 2000
         
HOUSE BILL No. 2714
         
By Committee on Governmental Organization and Elections
         
1-25
         

  9             AN  ACT concerning the state board of education; relating to the election
10             of the members thereof; amending K.S.A. 25-101, 25-202, 25-1906,
11             25-3903, 25-3905 and 25-3906 and K.S.A. 1999 Supp. 25-1903 and 72-
12             7504 and repealing the existing sections; also repealing K.S.A. 1999
13             Supp. 25-3902a and 25-3904a.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 25-101 is hereby amended to read as follows: 25-
17       101. On the Tuesday succeeding the first Monday in November of each
18       even-numbered year, there shall be held a general election to elect offi-
19       cers as follows:
20             At each alternate election, prior to the year in which the term of office
21       of the president and vice-president of the United States will expire, there
22       shall be elected the electors of president and vice-president of the United
23       States to which the state may be entitled at the time of such election;
24             at each such election, when the term of a United States senator for this
25       state shall expire during the next year, there shall be elected a United
26       States senator;
27             at each such election there shall be elected the representatives in con-
28       gress to which the state may be entitled at the time of such election;
29             at each alternate election, prior to the year in which their regular terms
30       of office will expire, there shall be elected a governor, lieutenant gover-
31       nor, secretary of state, attorney general, state treasurer and state com-
32       missioner of insurance;
33             at each such election there shall be elected such members of the state
34       board of education as provided by law;
35             at each such election, when, in a judicial district in which judges of the
36       district court are elected, the term of any district judge expires during
37       the next year, or a vacancy in a district judgeship has been filled by ap-
38       pointment more than 30 days prior to the election, there shall be elected
39       a district judge of such judicial district;
40             at each such election, when, in a judicial district in which judges of the
41       district court are elected, the term of any district magistrate judge expires
42       during the next year, or a vacancy in a district magistrate judgeship has
43       been filled by appointment more than 30 days prior to the election, there


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  1       shall be elected a district magistrate judge of such judicial district;
  2             at each alternate election, prior to the year in which the regular term
  3       of office of state senators shall expire, there shall be elected a state senator
  4       in each state senatorial district;
  5             at each election there shall be elected a representative from each state
  6       representative district;
  7             at each alternate election there shall be elected, in each county, a
  8       county clerk, county treasurer, register of deeds, county or district attor-
  9       ney, sheriff and such other officers as provided by law;
10             at each alternate election, in counties that may by law be entitled to
11       elect such officer, there shall be elected a county surveyor;
12             at each election, when the term of county commissioner in any district
13       in any county shall expire during the next year, there shall be elected from
14       such district a county commissioner.
15             This section shall apply to the filling of vacancies only so far as is con-
16       sistent with the provisions of law relating thereto.
17             Sec.  2. K.S.A. 25-202 is hereby amended to read as follows: 25-202.
18       (a) Except as otherwise provided in subsection (b) this section, all can-
19       didates for national, state, county and township offices shall be nominated
20       by: (1) A primary election held in accordance with article 2 of chapter 25
21       of the Kansas Statutes Annotated and amendments thereto; or (2) inde-
22       pendent nomination petitions signed and filed as provided by existing
23       statutes.
24             (b) Candidates for any of such offices who are members of any po-
25       litical party whose candidate for governor did not poll at least 5% of the
26       total vote cast for all candidates for governor in the preceding general
27       election shall not be entitled to nomination by primary election but shall
28       be nominated by a delegate or mass convention according to article 3 of
29       chapter 25 of the Kansas Statutes Annotated and amendments thereto.
30             (c) No candidate for any national, state, county or township office
31       shall file for office as a partisan candidate in a primary election and also
32       file for office as an independent candidate for any national, state, county
33       or township office in the general election immediately following.
34             (d) The provisions of article 2 of chapter 25 of the Kansas Statutes
35       Annotated and amendments thereto shall not apply to the justices of the
36       supreme court or to judges of the district court in judicial districts which
37       have approved the proposition of nonpartisan selection of district court
38       judges, as provided in K.S.A. 20-2901, and amendments thereto, nor to
39       special elections to fill vacancies.
40             (e) The provisions of law relating to partisan primary elections shall
41       not apply to the election of members of the state board of education.
42             New Sec.  3. (a) "General election" means the election held on the
43       first Tuesday in April in any odd-numbered year.


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  1             (b) "Primary election" means the election held five weeks preceding
  2       the election on the first Tuesday in April, and any other preliminary elec-
  3       tion at which part of the candidates for special election to the state board
  4       of education are eliminated by the process of the election but at which
  5       no officer is finally elected.
  6             (c) "Filing deadline" means 12:00 o'clock noon on the Tuesday which
  7       precedes by 10 weeks the first Tuesday in April of any odd-numbered
  8       year.
  9             Sec.  4. K.S.A. 1999 Supp. 25-1903 is hereby amended to read as
10       follows: 25-1903. (a) A person may become a candidate for election to
11       the office of state board member by either one of the methods provided
12       in this section. (1) (a) Any person who is an elector of any board member
13       district may petition to be a candidate for member of the state board from
14       the board member district in which such person resides. Any such person
15       shall file with the secretary of state a petition for the candidacy of such
16       person signed by not less than 200 electors residing in such board mem-
17       ber district. (2) (b) Any person who is an elector of any board member
18       district may become a candidate for member of the state board from the
19       board member district in which such candidate resides by filing in the
20       office of the secretary of state a declaration of intent to be such a can-
21       didate and payment of a filing fee in the amount of $25.
22             (b) Any such petition or declaration of intent filed by a candidate to
23       run in the primary election held in accordance with K.S.A. 25-203, and
24       amendments thereto, shall be filed no later than 12:00 noon, June 10,
25       prior to such primary election, or if such date falls on Saturday, Sunday
26       or a holiday, then before 12:00 noon of the next following day that is not
27       a Saturday, Sunday or a holiday. Any such petition or declaration of intent
28       filed by an independent candidate for the office of state board member
29       shall be filed no later than 12:00 noon on the Monday preceding the date
30       fixed for the holding of primary elections in accordance with K.S.A. 25-
31       203, and amendments thereto.
32             New Sec.  5. (a) Elections of members to the state board of education
33       shall be nonpartisan. Laws applicable only to partisan elections shall not
34       apply to elections of members to the state board of education. All laws
35       applicable to elections, the violation of which is a crime, shall be appli-
36       cable to elections of members to the state board of education.
37             (b) Except as provided in subsection (a), laws applicable to elections
38       of state officers shall apply to elections of members to the state board of
39       education to the extent that the same are not in conflict with the provi-
40       sions of this act.
41             New Sec.  6. (a) No primary election of members of the state board
42       of education shall be held unless by holding such primary one or more
43       persons will be eliminated as candidates for office. In the event there are


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  1       not more than two candidates for any one office, the names of the can-
  2       didates for such office shall not appear on the primary election ballots,
  3       and there shall be no primary election for such office, but the names of
  4       such candidates shall be placed on the general election ballot.
  5             (b) The names of the two candidates receiving the greatest number
  6       of votes for any board member position at the primary election shall
  7       appear on the ballots in the general election.
  8             (c) No ballot in a primary election shall have names for any board
  9       member position unless more than two candidates have filed for such
10       position.
11             (d) On the ballots in general elections, blank lines for the name of
12       write-in candidates shall be printed at the end of the list of candidates
13       for office. The purpose of such blank lines shall be to permit the voter to
14       insert the name of any person not printed on the ballot for whom such
15       voter desires to vote for such office. No blank lines for write-in candidates
16       shall appear on primary election ballots.
17             New Sec.  7. Names of candidates appearing on the ballots in primary
18       and general elections of members to the state board of education shall
19       be listed in the various possible orders in rotation.
20             Sec.  8. K.S.A. 25-1906 is hereby amended to read as follows: 25-
21       1906. (a) Except as provided by this section, the regular term of office of
22       members of the state board shall be four (4) years. Regular terms shall
23       commence on the second Monday in January May 1 following election
24       of the state board member.
25             (b) Of the members of the state board elected in the year 1968, five
26       (5) shall have terms ending on the second Monday in January in 1971,
27       and five (5) shall have terms ending on the second Monday in January in
28       1973. Members elected to board member positions 1, 3, 5, 7 and 9 shall
29       have the shorter terms and members elected to board member positions
30       2, 4, 6, 8 and 10 shall have the longer terms.
31             (c) Any member elected subsequent to 1968 shall be elected for a
32       four-year term, unless such election is to fill the unexpired term where a
33       vacancy has occurred on the board, in which case the member shall be
34       elected for the two (2) years remaining of the unexpired term.
35             (d) Members appointed to fill a vacancy in a board member position
36       shall serve from time of appointment until the second Monday in January
37       next following the election of a member to that board member position.
38             (c) Each board member holding office on the effective date of this act
39       shall not serve a full term of four years, but shall hold office until May 1
40       of the third year of the term of office for which elected, or as soon there-
41       after as a successor is elected or appointed and qualifies.
42             New Sec.  9. The members of the state board of education shall fill
43       by appointment any vacancy which occurs on the board. When a vacancy


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  1       occurs, the board shall publish a notice one time in the Kansas register
  2       stating that the vacancy has occurred and that it will be filled by appoint-
  3       ment by the board not sooner than 15 days after such publication. If the
  4       vacancy occurs on or after May 1 of the second year of the term, the
  5       person so appointed shall serve for the remainder of the unexpired term
  6       and until a successor is elected and qualifies. If the vacancy occurs before
  7       May 1 of the second year of the term, the person appointed to fill the
  8       vacancy shall serve until a successor is elected and qualifies at the next
  9       general election to serve the remainder of the unexpired term. The elec-
10       tion of such successor shall be in the same manner as election of a mem-
11       ber of the board for a regular term.
12             At such election, the ballots or ballot labels and returns of election with
13       respect to such office shall be designated as follows: "To fill the unexpired
14       term."
15             Sec.  10. K.S.A. 25-3903 is hereby amended to read as follows: 25-
16       3903. Whenever a vacancy occurs in the office of state representative or
17       state senator such vacancy shall be filled by appointment by the governor
18       of the person elected to be so appointed by a district convention held as
19       provided in K.S.A. 25-3902, and amendments thereto. Whenever a va-
20       cancy occurs in the office of member of the state board of education,
21       such vacancy shall be filled in the manner provided for in K.S.A. 25-3902a
22       section 9, and amendments thereto.
23             Sec.  11. K.S.A. 25-3905 is hereby amended to read as follows: 25-
24       3905. (a) When a vacancy occurs after a primary election in a party can-
25       didacy, such vacancy shall be filled by the party committee of the con-
26       gressional district, county or state, as the case may be, except if the
27       vacancy is in a party candidacy for a district office or for the office of
28       member of the state board of education, it shall be filled by district con-
29       vention held as provided in K.S.A. 25-3904, and amendments thereto, or
30       as provided in K.S.A. 25-3904a and amendments thereto, and except as
31       otherwise provided in subsection (c) (d). Such convention shall be called
32       within 10 days of receipt of the notice that the vacancy has occurred or
33       will occur. If only one political party nominates a candidate at the primary
34       election and thereafter a vacancy occurs in such party candidacy, any
35       political party may fill such vacancy in the manner specified in this section.
36             (b) When a vacancy in a candidacy for the office of member of the
37       state board of education occurs after a primary election, such vacancy
38       shall be filled by the members of the state board of education as provided
39       by section 9, and amendments thereto.
40             (b) (c) In addition to other vacancies in party candidacies to which
41       this section applies, this section shall also shall apply when a vacancy
42       occurs in an office, and it is provided by law that such vacancy shall be
43       filled by appointment until the next general election at which time a


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  1       person is to be elected to fill the unexpired term, or words of like effect,
  2       and such vacancy occurs after the primary election.
  3             (c) (d) When a vacancy occurs after a primary election in a party
  4       candidacy for governor or lieutenant governor, a vacancy shall thereby
  5       also shall occur for the other of such two offices. Such vacancies shall be
  6       filled by a state party delegate convention. The convention shall be called
  7       by the state party chairperson. The delegates to the convention shall be
  8       the state party committee members, and the officers of the convention
  9       shall be the officers of the state party committee. At such convention the
10       vote to fill such vacancies shall be taken such that each convention vote
11       shall be for a candidate for governor and lieutenant governor running
12       together. If the initial vacancy that has occurred is for the office of lieu-
13       tenant governor, the person who is the candidate for governor of such
14       pair of candidates shall be the only governor candidate at such convention.
15             Sec.  12. K.S.A. 25-3906 is hereby amended to read as follows: 25-
16       3906. (a) When a vacancy in a party candidacy for any national, state,
17       district or county elective office occurs under the circumstances specified
18       in this section, such vacancy shall be filled by the party committee of the
19       congressional district, county or state, as the case may be, except that if
20       such vacancy is in a party candidacy for a district office or for the office
21       of member of the state board of education, it shall be filled by district
22       convention held as provided in K.S.A. 25-3904, and amendments thereto,
23       or as provided in K.S.A. 25-3904a and amendments thereto, and except
24       as otherwise provided in subsection (d) and (e) subsections (e) and (f).
25       Such convention shall be called within 10 days of notice that a vacancy
26       has occurred or will occur.
27             (b) When a vacancy in a candidacy for the office of state board of
28       education occurs during the time specified in subsection (c), such vacancy
29       shall be filled by the members of the state board of education as provided
30       by section 9, and amendments thereto.
31             (b) (c) This section shall apply to any vacancy in a party candidacy
32       which occurs after the closing time for filing to be a candidate specified
33       in K.S.A. 25-205, and amendments thereto, and prior to or on the day of
34       the primary election, if such occurrence results in a political party not
35       having a primary candidate for such office.
36             (c) (d) This section shall apply when a vacancy occurs in an office,
37       and it is provided by law that such vacancy shall be filled by appointment
38       until the next general election at which time a person is to be elected to
39       fill the unexpired term, or words of like effect, and such vacancy occurs
40       during the period specified in subsection (b) (c).
41             (d) (e) When a vacancy occurs during the period specified in subsec-
42       tion (b) (c) in a party candidacy for governor or lieutenant governor, and
43       the occurrence results in a political party not having a pair of primary


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  1       candidates for governor and lieutenant governor, a vacancy shall thereby
  2       also shall occur for the other of such two offices. Such vacancies shall be
  3       filled by a state party delegate convention. The convention shall be called
  4       by the state party chairperson. The delegates to the convention shall be
  5       the state party committee members, and the officers of the convention
  6       shall be the officers of the state party committee. At such convention the
  7       vote to fill such vacancies shall be taken such that each convention vote
  8       shall be for a candidate for governor and lieutenant governor running
  9       together. If the initial vacancy that has occurred is for the office of lieu-
10       tenant governor, the person who is the candidate for governor of such
11       pair of candidates shall be the only governor candidate at such convention.
12             (e) (f) When there is more than one pair of candidates for governor
13       and lieutenant governor of the same party, and a vacancy occurs during
14       the period specified in subsection (b) (c) in a candidacy for lieutenant
15       governor of such party, and the occurrence results in a governor candidate
16       not having a lieutenant governor candidate, such vacancy shall be filled
17       by the candidate for governor of such pair of candidates designating a
18       candidate for lieutenant governor to be the running mate.
19             Sec.  13. K.S.A. 1999 Supp. 72-7504 is hereby amended to read as
20       follows: 72-7504. (a) Whenever a vacancy occurs in any board member
21       position, such vacancy shall be filled in the manner provided in K.S.A.
22       25-3902a section 9, and amendments thereto.
23             (b) A vacancy occurs in a board member position under any of the
24       following circumstances:
25             (1) Death of a board member, on the date of death.
26             (2) Removal of a board member, on the date the removal order is
27       final, or if appealed to the court, on the date the court action becomes
28       final.
29             (3) By written notice of resignation of a member filed with the state
30       board, on the date specified in the notice of resignation, which shall be
31       not later than 60 days after such notice of resignation is filed. The member
32       resigning from the board also shall send a copy of the notice of resignation
33       to the secretary of state.
34             (c) In the event that any board member changes residence outside
35       of the district from which elected, such member promptly shall resign
36       from the state board. If such a member fails to resign such member shall
37       be subject to removal from office as provided by law. Any redistricting of
38       board member districts which results in a board member residing outside
39       of the board member district shall not be grounds for removal and shall
40       not disqualify such member from service on the state board for the re-
41       mainder of the term for which the member was elected or appointed. 
42       Sec.  14. K.S.A. 25-101, 25-202, 25-1906, 25-3903, 25-3905 and 25-
43       3906 and K.S.A. 1999 Supp. 25-1903, 25-3902a, 25-3904a and 72-7504


8

  1       are hereby repealed.
  2        Sec.  15. This act shall take effect and be in force from and after July
  3       1, 2001, and its publication in the statute book.