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Session of 2000
          House Concurrent Resolution No. 5078           By Representatives Carmody, Garner, O'Neal, Pauls           3-24          

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  9             A  PROPOSITION to amend section 6 of article 3 of the constitution of
10             the state of Kansas, relating to nonpartisan election of district judges.
11      
12       Be it resolved by the Legislature of the State of Kansas, two-thirds of the
13             members elected (or appointed) and qualified to the House of Repre-
14             sentatives and two-thirds of the members elected (or appointed) and
15             qualified to the Senate concurring therein:
16                   Section  1. The following proposition to amend the constitution of the
17       state of Kansas shall be submitted to the qualified electors of the state
18       for their approval or rejection: Section 6 of article 3 of the constitution
19       of the state of Kansas is hereby amended to read as follows:
20             ``§  6. District courts. (a) The state shall be divided into judicial
21             districts as provided by law. Each judicial district shall have at least
22             one district judge. The term of office of each judge of the district
23             court shall be four years. District court shall be held at such times
24             and places as may be provided by law. The district judges shall be
25             elected by the electors of the respective judicial districts unless the
26             electors of a judicial district have adopted and not subsequently
27             rejected a method of nonpartisan selection. The legislature shall
28             provide a method of nonpartisan selection of district judges and for
29             the manner of submission and resubmission thereof to the electors
30             of a judicial district. A nonpartisan method of selection of district
31             judges may be adopted, and once adopted may be rejected, only by
32             a majority of electors of a judicial district voting on the question at
33             an election in which the proposition is submitted in a nonpartisan
34             election. Whenever a vacancy occurs in the office of district judge,
35             it shall be filled by appointment by the governor until the next
36             general election that occurs more than thirty days after such va-
37             cancy, or as may be provided by such nonpartisan method of selec-
38             tion. The legislature shall provide a method of funding the nonpar-
39             tisan campaign for the district judge's election.
40             (b) The district courts shall have such jurisdiction in their respective
41       districts as may be provided by law.
42             (c) The legislature shall provide for clerks of the district courts.
43             (d) Provision may be made by law for judges pro tem of the district

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  1       court.
  2             (e) The supreme court or any justice thereof shall have the power to
  3       assign judges of district courts temporarily to other districts.
  4             (f) The supreme court may assign a district judge to serve temporarily
  5       on the supreme court.''
  6             Sec.  2. The following statement shall be printed on the ballot with
  7       the amendment as a whole:
  8             ``Explanatory statement. The purpose of this amendment is to pro-
  9                   vide for the nonpartisan election of all district judges. It removes
10                   the provision relating to selection of district judges. The propo-
11                   sition requires the legislature to provide a method of funding the
12                   nonpartisan campaign.
13                   ``A vote for this proposition would eliminate the selection of district
14                   judges and provide for the nonpartisan election of all district
15                   judges. The legislature would be required to provide a method
16                   of funding for the nonpartisan campaign.
17                   ``A vote against this proposition would continue in effect the current
18                   law which provides for the election of district judges, except
19                   where a nonpartisan selection of district judges has been
20                   adopted.''
21                   Sec.  3. This resolution, if approved by two-thirds of the members
22       elected (or appointed) and qualified to the House of Representatives, and
23       two-thirds of the members elected (or appointed) and qualified to the
24       Senate shall be entered on the journals, together with the yeas and nays.
25       The secretary of state shall cause this resolution to be published as pro-
26       vided by law and shall cause the proposed amendment to be submitted
27       to the electors of the state at the general election in November in the
28       year 2000 unless a special election is called at a sooner date by concurrent
29       resolution of the legislature, in which case it shall be submitted to the
30       electors of the state at the special election.
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