19-202. Commissioners; residence requirements; term; charter counties, exceptions. (a) The board of county commissioners of each county shall consist of three, five or seven qualified electors.
(b) Except as provided in K.S.A. 19-204b, and amendments thereto, one county commissioner shall reside in and represent each commissioner district within the county. During the time that any person is a candidate for nomination or election to office as a member of the board of county commissioners and during the term of office of the county commissioner, such candidate or county commissioner shall be and remain a qualified elector who resides in such person's district.
(c) Except as provided by K.S.A. 19-203a, and amendments thereto, terms of office for the board of county commissioners shall be staggered in such a way that no more than a simple majority of commissioners is elected at any general election.
(d) Except as provided by K.S.A. 19-203a, and amendments thereto, all county commissioners shall hold office for a term of four years from the second Monday of January next after their election and until their successors are qualified.
(e) The provisions of subsections (a), (c) and (d) of this section may be modified by the adoption of a charter for county government in any county which has established a charter commission pursuant to law.
History: R.S. 1923, 19-202; L. 1965, ch. 158, § 1; L. 1976, ch. 121, § 3; L. 1979, ch. 67, § 1; L. 1992, ch. 38, § 2; L. 1993, ch. 250, § 2; L. 2009, ch. 134, § 4; L. 2024, ch. 24, § 1; April 18.
Source or Prior Law:
G.S. 1868, ch. 25, § 10; L. 1871, ch. 74, § 2; L. 1901, ch. 129, § 2; L. 1903, ch. 233, § 1.
Cross References to Related Sections:
Special provision for Sherman County, see 19-204b.
Attorney General's Opinions:
County commissioners; vacancies. 79-267.
County commissioners; change in number of districts. 80-181.
Vacancies; residence requirements; rearrangement of commissioner districts. 86-121.
Elections to fill positions created by increase in number of county commission districts; commencement of term. 92-146.
Hospital board election; procedure; term of office. 93-150.
Powers and duties of county commissioners; rearrangement of commissioner districts. 94-51.
Community college board of trustees members; residence requirements. 94-94.
County-city consolidation; election of members of governing board, residential requirements; affect upon USD; bonded indebtedness, limitations. 97-30.
County charter commission may provide for chairperson to be elected at-large. 1999-58.
County commission may appoint person to fill vacancy on board of directors of county health center. 2001-26.
CASE ANNOTATIONS
1. Terms of county commissioners must be uniform in length in all counties. In re Naff, 144 Kan. 424, 426, 61 P.2d 129.
2. Private person cannot maintain action to question official compensation of board of commissioners. Dunn v. Morton County Comm'rs, 162 Kan. 449, 452, 177 P.2d 207.
3. Cited in holding direct conflict of interest sales by county commissioner to county grounds for ouster. State, ex rel., v. Schroeder, 199 Kan. 403, 404, 430 P.2d 304.
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