Session of 1998
By Committee on Elections and Local Government
            9             AN ACT concerning elections; relating to precinct committeemen and
10             committeewomen; amending K.S.A. 25-3801 and K.S.A. 1997 Supp.
11             25-3902 and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 25-3801 is hereby amended to read as follows:
15       25-3801. (a) At each primary election, the members of the party residing
16       in each precinct in each county of the state shall elect a man of their
17       number as precinct committeeman and a woman of their number as pre-
18       cinct committeewoman. No person shall be eligible to be a candidate for
19       or hold the office of precinct committeeman or precinct committee-
20       woman of a party in any precinct unless such person actually lives, resides
21       and occupies a place of abode in such precinct, and is in all other respects
22       a qualified elector and is shown as a member of such party on the party
23       affiliation list, in the office of the county election officer. Except as pro-
24       vided in subsection (b), vacancies occurring in the office of precinct com-
25       mitteeman or committeewoman shall be   'omptly filled promptly by ap-
26       pointment by the county chairperson, except that any vacancy which
27       occurs because the party had no candidate at such primary election shall
28       not be filled until the county central committee has elected or reelected
29       its chairperson under K.S.A. 25-3802, and amendments thereto. Not later
30       than three days after appointment of precinct committeemen and com-
31       mitteewomen, the county chairperson making the appointments shall no-
32       tify the county election officer of such appointments. The county election
33       officer shall make such appointments public immediately upon receipt
34       thereof. As used in this act, ``primary election'' means the statewide elec-
35       tion held in August of even-numbered years.
36           (b) When a convention is to be held under article 39 of chapter 25
37       of Kansas Statutes Annotated to fill a vacancy, no appointments shall be
38       made under subsection (a) after   notice calling the convention has been
39       given the county chairperson receives written notice from the governor
40       that a vacancy has occurred or will occur until the convention has been
41       held and the person to fill the vacancy has been elected by the convention.
42           Sec. 2. K.S.A. 1997 Supp. 25-3902 is hereby amended to read as
43       follows: 25-3902. (a) Except as provided in K.S.A. 25-312a, and amend-

SB 624


  1       ments thereto, when a district convention is provided by law to be held
  2       to elect a person to be appointed to fill a vacancy in a district office, the
  3       county chairperson designated in subsection (b) or (c), within 21 days of
  4       receipt of notice that a vacancy has occurred or will occur, shall call and
  5       convene a convention of all committeemen and committeewomen of the
  6       party of the precincts in such district for the purpose of electing a person
  7       to be appointed by the governor to fill the vacancy. If such county chair-
  8       person is absent or for any reason is unable to call, or refuses to call such
  9       convention, then the county vice-chairperson shall call the convention and
10       perform the other duties under this section required of such chairperson.
11           (b) If the district lies within a single county, the county chairperson
12       of such county shall call the convention by mailing a notice, at least seven
13       days before the date of the convention, to each precinct committeeman
14       and committeewoman who is entitled to vote at the convention pursuant
15       to subsection (e).
16           (c) If all or part of more than one county lies within the district, the
17       county chairperson of the county in which the greatest number of qual-
18       ified voters of the district reside shall call the convention by mailing a
19       notice of the convention to each county chairperson of the party in each
20       such county at least 10 days before the date of the convention. Such
21       convention shall be held at a location within the district selected by the
22       chairperson calling the convention. Such county chairperson, within three
23       days after receipt of such notice, shall mail notice of the convention to
24       the committeemen and committeewomen in their counties who are en-
25       titled to vote at the convention pursuant to subsection (e).
26           (d) The notice of such convention shall state: (1) The place where
27       the convention is to be held; (2) the time when the convention will con-
28       vene; and (3) the purpose for which the convention is to be held.
29           (e) At the time and place fixed for holding the convention, the county
30       chairperson who called the convention shall act as temporary chairperson
31       and shall call the convention to order.   One-third A majority of the   eligible
32       members of the convention holding office at the time the chairperson
33       received notice of a vacancy pursuant to K.S.A. 25-3801, and amendments
34       thereto, shall constitute a quorum for such election. In the event a quorum
35       is not present at the time and place that such convention is called, the
36       members present shall adjourn the convention to a day and time certain,
37       which shall be not later than 14 days after such adjournment of such
38       convention, and provide for notification of the time and place of such
39       adjourned convention to be given to the eligible members not present.
40       The convention shall organize by electing a permanent chairperson and
41       such other officers as necessary. After the convention is organized, it shall
42       elect a person to be appointed by the governor to fill the vacancy. Such
43       election shall be by secret ballot and the person elected shall be the one

SB 624


  1       who receives the majority of all the votes cast. If no person receives a
  2       majority of all votes cast on any ballot, the balloting shall continue until
  3       some person receives a majority of all the votes cast. Each committeeman
  4       and committeewoman of the party of the precincts in such district shall
  5       be entitled to vote. No precinct committeeman or committeewoman shall
  6       be represented or shall vote by proxy. The convention may adopt such
  7       rules necessary to govern its procedure in making nominations, voting,
  8       counting, and canvassing votes and for the conduct of any business which
  9       may properly be brought before the convention, but such rules shall not
10       be in conflict with the provisions of this section.
11           (f) After a person has been elected to be appointed to fill a vacancy
12       in a district office, the chairperson or vice-chairperson of the convention
13       shall execute a certificate, under oath, stating that such person has been
14       duly elected to be appointed to fill such vacancy and shall transmit such
15       certificate either by hand delivery by a person designated by such chair-
16       person or vice-chairperson or by registered mail, return receipt re-
17       quested, to the governor and a copy thereof to the secretary of state. If
18       transmitted by registered mail, such certificate and the copy thereof shall
19       be mailed within 24 hours of such election, unless the day following such
20       election is a Sunday or legal holiday, in which case it shall be mailed by
21       the next regular business day. Thereupon, and not later than seven days
22       after such certificate is received in the office of the governor, the gov-
23       ernor, or in the governor's absence the lieutenant governor, shall fill such
24       vacancy by appointing to such district office the person so elected. In the
25       event the governor or lieutenant governor fails to appoint any person as
26       required by this subsection after receiving a lawfully executed certificate
27       hereunder, such person shall be deemed to have been so appointed not-
28       withstanding such failure. The person so appointed may qualify and enter
29       upon the duties of the district office immediately after appointment.
30           Sec. 3. K.S.A. 25-3801 and K.S.A. 1997 Supp. 25-3902 are hereby
31       repealed.
32           Sec. 4. This act shall take effect and be in force from and after its
33       publication in the statute book.