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25-101. Time for general elections; officers to be elected; vacancies. (a) On the Tuesday succeeding the first Monday in November of each even-numbered year, there shall be held a general election to elect officers as follows:

(1) At each alternate election, prior to the year in which the term of office of the president and vice-president of the United States will expire, there shall be elected the electors of president and vice-president of the United States to which the state may be entitled at the time of such election;

(2) at each such election, when the term of a United States senator for this state shall expire during the next year, there shall be elected a United States senator;

(3) at each such election there shall be elected the representatives in congress to which the state may be entitled at the time of such election;

(4) at each alternate election, prior to the year in which their regular terms of office will expire, there shall be elected a governor, lieutenant governor, secretary of state, attorney general, state treasurer and state commissioner of insurance;

(5) at each such election there shall be elected such members of the state board of education as provided by law;

(6) at each such election, when, in a judicial district in which judges of the district court are elected, the term of any district judge expires during the next year, or a vacancy in a district judgeship has been filled by appointment more than 30 days prior to the election, there shall be elected a district judge of such judicial district;

(7) at each such election, when, in a judicial district in which judges of the district court are elected, the term of any district magistrate judge expires during the next year, or a vacancy in a district magistrate judgeship has been filled by appointment more than 30 days prior to the election, there shall be elected a district magistrate judge of such judicial district;

(8) at each alternate election, prior to the year in which the regular term of office of state senators shall expire, there shall be elected a state senator in each state senatorial district;

(9) at each election there shall be elected a representative from each state representative district;

(10) at each alternate election there shall be elected, in each county, a county clerk, county treasurer, register of deeds, county or district attorney, sheriff and such other officers as provided by law; and

(11) at each election, when the term of county commissioner in any district in any county shall expire during the next year, there shall be elected from such district a county commissioner.

(b) This section shall apply to the filling of vacancies only so far as is consistent with the provisions of law relating thereto.

History: R.S. 1923, 25-101; L. 1965, ch. 164, § 17; L. 1968, ch. 406, § 59; L. 1976, ch. 146, § 40; L. 1976, ch. 123, § 7; L. 1976, ch. 179, § 3; L. 1986, ch. 115, § 69; L. 2011, ch. 49, § 16; July 1.

Source or prior law:

L. 1861, ch. 31, §§ 1, 2, 3, 4; G.S. 1868, ch. 36, pp. 427, 428, §§ 1, 2, 3, 4, 5; L. 1901, ch. 176, §§ 1, 2, 3, 4; Revised, 1923.

Attorney General's Opinions:

Mail ballot election act. 86-49.

KORA; personnel records, sheriff's office. 89-107.

Hospital board election; procedure; term of office. 93-150.

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

Statute prohibiting disclosure of judicial survey data of elected judges violates first amendment. 2007-27.

CASE ANNOTATIONS

1. Regulation of election under L. 1861, ch. 31. The State, ex rel., v. Robinson et al., 1 Kan. 17.

2. Omission to provide for second or subsequent term election; effect. The State, ex rel. Goodin v. Thoman, 10 Kan. 191, 192.

3. L. 1901, ch. 176, is constitutional; policy of legislation stated. The State v. Andrews, 64 Kan. 474, 67 P. 870.

4. Words "until the next regular election" defined. McIntyre v. Iliff, 64 Kan. 747, 68 P. 633.

5. Biennial-election amendment to constitution did not repeal L. 1901, ch. 176. Fischer v. Moore, 69 Kan. 191, 76 P. 403.

6. When term extended, bond surety released but principal liable. Sparks v. Cherokee County, 76 Kan. 280, 91 P. 89.

7. Effect of death of successor-elect during term of incumbent considered. Adkinson v. Noonan, 110 Kan. 335, 203 P. 694.

8. Method of selection of candidates for presidential electors discussed and approved. Parsons v. Ryan, 144 Kan. 370, 371, 60 P.2d 910.

9. History of section discussed in upholding Kansas City city court law. Powers v. Thorn, 155 Kan. 758, 764, 768, 129 P.2d 254.

10. County attorney is a county officer; four-year term (K.S.A. 19-701) unconstitutional; provision severable. Wall v. Harrison, 201 Kan. 599, 600, 604, 443 P.2d 266.

11. Mentioned in holding apportionment of Crawford commissioner districts unconstitutional; equal protection clause of 14 th amendment violated. Simone v. MacPhail, 291 F. Supp. 697, 700.


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