Brief ⁽¹⁾

SB 463 clarifies the power of the Governor to appoint a successor for vacancies that occur in certain statewide offices and requires approval of appointments by the Legislature. The bill also sets out the qualifications for certain county offices.

The bill authorizes the Governor to appoint a successor for the unexpired term in the office of Lieutenant Governor, and for the remainder of the term for the Secretary of State and the Attorney General, and until the next general election for the offices of State Insurance Commissioner and State Treasurer.

The bill requires the Governor to appoint a successor of the same political party as the person who previously held the position. The appointment would be subject to the approval of the Legislature or if the Legislature is not in session, then by the Legislative Coordinating Council.

The bill requires any person who is a candidate or an office holder for the office of county clerk, county treasurer, sheriff, and register of deeds, to be a qualified elector who resides in the county.

Background

SB 463, as introduced, was requested by the Governor's Office. The Senate Committee on Elections and Local Government amended the bill to correspond to the filling of vacancies for offices of the Secretary of State and Attorney General as stated in the Kansas Constitution. Current law for the filling of vacancies for the State Insurance Commissioner and the State Treasurer was amended to allow the Governor to appoint a successor until the next general election instead of filling the vacancies for the unexpired term.

The House Committee of the Whole amended the bill so that appointments would have to be of the same political party as the person wh previously held the office and appointments would be subject to approval by the Legislature and the Legislative Coordinating Council.

The House Committee of the Whole also amended the bill by requiring certain county office holders to be a resident of the county.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html