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19-204. Rearrangement of commissioner districts; change in number of districts; approval of electors; limitation on changes; charter counties, exception. (a) Subject to the provisions of K.S.A. 19-204b, and amendments thereto, and subject to the provisions of K.S.A. 19-204a, and amendments thereto, the board of county commissioners, on the day of the organization of the board or as soon thereafter as may be possible, shall meet and divide the county into three commissioner districts or such number of districts as is prescribed by resolution of the board, as compact and equal in population as possible, and number them. Such districts shall be subject to alteration at least once every three years.

(b) In Shawnee county, each district shall include residents of both the incorporated and unincorporated areas of the county. The number of residents in each district from the unincorporated area of the county shall be as equal in number, as possible. Such districts shall be subject to alteration at least once every three years.

If the districts do not meet the requirements of this subsection, the districts shall be altered to comply with such requirements no later than 30 days following the effective date of this act.

(c) The board of county commissioners of any county, by resolution, may divide the county into three, five or seven commissioner districts, as compact and equal in population as possible, but no such resolution which would effect a change in the number of commissioner districts shall take effect until it has been approved by a majority of the qualified electors of the county voting thereon at the next general election following not less than 60 days the adoption of such resolution, in which all the qualified electors of the county are entitled to vote. Upon the presentation of a petition to the board of county commissioners, signed by electors equal in number to 5% of the qualified electors of the county and verified by the county election officer, requesting that the number of commissioner districts be changed, the board of county commissioners shall cause such proposition to be submitted to the voters of the county at the next general election, following not less than 60 days the presentation of such petition, in which all of the qualified electors of the county are entitled to vote. In the event that more than one such petition is presented to the board of county commissioners prior to a general election, and any of such petitions conflicts with any other such petition with respect to the number of commissioner districts requested, the board of county commissioners shall decide, by majority vote thereon, which of the propositions shall be submitted to the voters at the next such general election. If a majority of the electors voting at such election shall be in favor of changing the number of commissioner districts, the board of county commissioners shall provide for the division of the county into commissioner districts as provided in K.S.A. 19-204a, and amendments thereto.

(d) No change in the number of commissioner districts shall become effective in any county within four years of the effective date of any previous change in the number of commissioner districts in such county.

(e) The provisions 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: L. 1901, ch. 129, § 4; R.S. 1923, 19-204; L. 1975, ch. 153, § 1; L. 1976, ch. 121, § 4; L. 1981, ch. 112, § 1; L. 1992, ch. 38, § 4; L. 1996, ch. 68, § 1; L. 2009, ch. 134, § 6; May 28.

Source or Prior Law:

G.S. 1868, ch. 25, § 11; L. 1871, ch. 74, § 3; L. 1873, ch. 73, § 1.

Cross References to Related Sections:

Special provision for Sherman County, see 19-204b.

Attorney General's Opinions:

County commissioners; change in number of districts. 80-181, 81-10.

Sufficiency of petitions; incomplete notations of the date of signing. 84-41.

County commissioners; powers and duties; rearrangement of commissioner districts. 86-70.

Vacancies; residence requirements; rearrangement of commissioner districts. 86-121.

Board member school district boundaries; adjustments. 88-124.

Rearrangement of commissioner districts. 89-25.

Petition and election for change in number of county commission districts. 90-71.

Grounds for recall of elected officials; sufficiency; petition; alleged violations open meetings law; county commission district boundary change. 90-120.

Census or population figures; rearrangement of county commissioner districts. 91-149.

Change in number of county commission districts; time for holding election. 92-133.

Powers and duties of county commissioners; rearrangement of commissioner districts. 94-51.

County charter commission may provide for chairperson to be elected at-large. 1999-58.

County hospital board; terms of office, election thereto; involvement of county commissioners. 2000-28.

Change in number of county commissioners must be submitted in "general election" held in November of even-numbered years. 2002-6.

County commissioner districts are to be as compact and equal in population as possible but need not be contiguous. 2002-12.

There is no life, liberty and property interest in public office that is protected by due process. 2002-54.

CASE ANNOTATIONS

1. Under former law change of boundaries did not vacate office. Brungardt v. Leiker, 42 Kan. 206, 21 P. 1065.

2. Word "compact" defined and construed; duties of commissioners considered; when mandamus lies to control action of board. The State, ex rel., v. Osage County, 112 Kan. 256, 210 P. 619.

3. Duty of commissioners as to redistricting considered. State, ex rel., v. Labette County, 114 Kan. 726, 220 P. 275.

4. Districts should be divided on basis of last official enumeration. State, ex rel., v. Montgomery County Comm'rs, 125 Kan. 379, 382, 264 P. 84.

5. Mandamus writ directing board to redistrict issued; cases reviewed; last official census should be used in redistricting. State, ex rel., v. Reno County Comm'rs, 158 Kan. 573, 148 P.2d 1012.

6. Apportionment of Crawford county commissioner districts unconstitutional; equal protection clause of 14 th amendment violated. Simone v. MacPhail, 291 F. Supp. 697, 699, 700.

7. Statute contains no requirement as to contiguity; commissioner districts approved. Andrews v. Board of County Commissioners, 207 Kan. 548, 549, 551, 485 P.2d 1260.

8. Requirements for organization and redistricting of boards examined; "compact" defined. Justice v. Board of Wyandotte County Comm'rs, 17 Kan. App. 2d 102, 107, 835 P.2d 692 (1992).


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