Session of 1998
                   
HOUSE BILL No. 2891
         
By Representative Toplikar
         
2-11
            9             AN ACT concerning judges of the district court; relating to selection
10             thereof; amending K.S.A. 20-2901 and repealing the existing section.
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12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 20-2901 is hereby amended to read as follows:
14       20-2901. (a) The proposition of the method of selecting judges of the
15       district court shall be submitted to the qualified electors in each judicial
16       district, as authorized by section 6 of article 3 of the Kansas constitution,
17       when a petition therefor is submitted to the secretary of state in accord-
18       ance with this section. In the case of a petition for the adoption of the
19       nonpartisan method of selection, the following shall appear on the peti-
20       tion:
21           ``We request an election to determine whether judges of the district
22       court in this district shall continue to be elected or shall be appointed by
23       the governor upon nominations by a district nominating commission and
24       subject to retention in office by a vote of the voters.''
25           In the case of a petition for the rejection of the nonpartisan method of
26       selection, the following shall appear on the petition:
27           ``We request an election to determine whether judges of the district
28       court in this district shall continue to be appointed by the governor upon
29       nominations by a district nominating commission and subject to retention
30       in office by a vote of the voters or shall be elected.''
31           (b) The proposition of the method of selecting judges of the district
32       court shall be submitted to the qualified electors in: (1) Any newly estab-
33       lished judicial district which consists of all or parts of two or more pre-
34       viously established districts which used different methods of selecting
35       judges of the district court and (2) any judicial district to which new
36       territory is attached if any portion of such territory was transferred from
37       a district which used a method of selecting its judges which is different
38       from the method used in any other district from which any portion of the
39       territory was transferred or the district to which the territory is attached.
40           (c) The proposition on the ballot at an election held pursuant to this
41       section for the adoption of nonpartisan selection shall be as follows:
42              ``The present method of electing judges of the district court in this
43             judicial district shall be discontinued and there is hereby adopted in

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  1             this judicial district the nonpartisan method of selection of judges by
  2             the governor upon nominations by a district nominating commission
  3             and subject to retention in office by a vote of the voters.'' Provision
  4             shall be made for marking the question ``Yes'' or ``No.''
  5           (d) The proposition on the ballot at an election held pursuant to this
  6       section for the repeal of nonpartisan selection shall be as follows:
  7              ``The present method of nonpartisan selection of judges of the dis-
  8             trict court in this judicial district by the governor upon nominations
  9             by a district nominating commission and subject to retention in office
10             by a vote of the voters shall be discontinued and there is hereby
11             adopted in this judicial district the election of judges of the district
12             court by the voters.'' Provision shall be made for marking the question
13             ``Yes'' or ``No.''
14           (e) The proposition on the ballot at any election held pursuant to
15       subsection (b) shall be as follows:
16           ``Judges of the district court in this judicial district shall be selected:
17       (vote for only one of the following methods)
18           (1) By election by the voters.
19           (2) By nonpartisan appointment by the governor from among nomi-
20       nations by a district nominating commission and subject to election on
21       retention in office by a vote of the voters.``
22           (f) If a majority of the votes cast and counted on the proposition is
23       in favor of the nonpartisan method of selection or against election of
24       judges of the district court, the provisions of this act shall govern the
25       selection and retention of judges of the district court in the judicial dis-
26       trict, notwithstanding any other law providing for the election of judges
27       of the district court, until such time as the proposition of the method of
28       selection of the judges of the district court is resubmitted to the voters
29       of the judicial district and a different method of selection is approved by
30       the voters as provided by this section. If a majority of the votes cast and
31       counted is in favor of election of judges of the district court or against
32       the nonpartisan method of selection, vacancies in the office of judge of
33       the district court in the judicial district shall be filled in the manner pro-
34       vided by law for the filling of such vacancies in judicial districts in which
35       judges of the district court are elected, until such time as the proposition
36       of the method of selection of the judges of the district court is resubmitted
37       to the voters of the judicial district and a different method of selection is
38       approved by the voters as provided by this section.
39           (g) Except as provided in subsection (b), when the proposition of the
40       method of selecting judges of the district court is submitted to the electors
41       in a judicial district in 1984 or in any subsequent year, such proposition
42       may be resubmitted to the electors in the judicial district not more often
43       than once every   eight four years thereafter, whenever there shall be sub-

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  1       mitted to the secretary of state a petition signed by qualified electors of
  2       the judicial district, equal in number to not less than 5% of the electors
  3       of the judicial district who voted for the office of secretary of state at the
  4       last preceding general election. In such event, the secretary of state shall
  5       cause the appropriate proposition as stated in subsection (c) or (d) to be
  6       placed on the ballot at the next succeeding general election in an even-
  7       numbered year which occurs more than 90 days after the date such pe-
  8       tition is filed with the secretary of state.
  9           (h) It shall be the duty of the state board of canvassers to canvass the
10       votes in each judicial district voting on the proposition of the method of
11       selection of judges of the district court in the manner prescribed by K.S.A.
12       25-3206 and amendments thereto. Upon completion of the final canvass
13       and certification of the results, the secretary of state shall transmit a copy
14       of the results for each such judicial district to the chief justice of the
15       supreme court. Upon receipt thereof, the chief justice shall notify the
16       clerk of the supreme court and the board of county commissioners of
17       each county in a judicial district which voted in favor of the nonpartisan
18       method of selection of their respective duties under this act, and the chief
19       justice shall designate a chairperson of the commission for each such
20       judicial district, as provided in K.S.A. 20-2903 and amendments thereto.
21           Sec. 2. K.S.A. 20-2901 is hereby repealed.
22           Sec. 3. This act shall take effect and be in force from and after its
23       publication in the statute book.
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