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Session of 2000
          House Concurrent Resolution No. 5047           By Representative Helgerson           12-22          

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  9             A  PROPOSITION to amend section 5 of article 2 of the constitution of
10             the state of Kansas, relating to qualifications and eligibility of members
11             of the legislature.
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13      
14             Be it resolved by the Legislature of the State of Kansas, two-thirds of the
15             members elected (or appointed) and qualified to the House of Repre-
16             sentatives and two-thirds of the members elected (or appointed) and
17             qualified to the Senate concurring therein:
18              Section  1. The following proposition to amend the constitution of the
19       state of Kansas shall be submitted to the qualified electors of the state
20       for their approval or rejection: Section 5 of article 2 of the constitution
21       of the state of Kansas is hereby amended to read as follows:
22             "§  5. Eligibility and disqualification of members. No member
23             of congress and no civil officer or employee of the United States or of
24             any department, agency, or instrumentality thereof shall be eligible to
25             be a member of the legislature. No member of the state legislature
26             shall be eligible for or hold any office, membership or employment in
27             the judicial or executive branches of state government or any instru-
28             mentality thereof. Any member of the legislature who accepts any ap-
29             pointment or election contrary to the foregoing shall be disqualified
30             as a member of the legislature."
31             Sec.  2. The following statement shall be printed on the ballot with
32       the amendment as a whole:
33              "Explanatory statement. The purpose of this amendment is to dis-
34             qualify any member of the state legislature who is employed by, or is
35             appointed or elected to any office or position in the judicial or exec-
36             utive branches of state government from serving as a member of the
37             state legislature.
38              "A vote for this proposition would disqualify any state legislator who
39             is appointed, elected or employed in the judicial or executive branch
40             of government during such legislator's term of office.
41              "A vote against this proposition would retain the current qualifica-
42             tions for members of the state legislature which qualifications do not
43             include a prohibition against a state legislator's appointment, election
44             or employment within the judicial or executive branches of state
45             government."

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  1             Sec.  3. This resolution, if approved by two-thirds of the members
  2       elected (or appointed) and qualified to the House of Representatives, and
  3       two-thirds of the members elected (or appointed) and qualified to the
  4       Senate, shall be entered on the journals, together with the yeas and nays.
  5       The secretary of state shall cause this resolution to be published as pro-
  6       vided by law and shall cause the proposed amendment to be submitted
  7       to the electors of the state at the general election to be held on November
  8       7, 2000, unless a special election is called at a sooner date by concurrent
  9       resolution of the legislature, in which case it shall be submitted to the
10       electors of the state at the special election.
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