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
2
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.
3
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
4
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
5
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
6
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
7
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.