25-3905. Vacancies after primary election filled by party committee or district convention; governor and lieutenant governor vacancies filled by state party delegate convention.

25-3905

Chapter 25.--ELECTIONS
Article 39.--FILLING VACANCIES IN OFFICES AND CANDIDACIES

      25-3905.   Vacancies after primary election filled by partycommittee or district convention; governor and lieutenant governorvacancies filled by state party delegate convention.(a) When a vacancy occurs after a primary election in a partycandidacy, such vacancy shall be filled by the party committee of thecongressional district, county or state, as the case may be, except ifthe vacancy is in a party candidacy for a district office or for theoffice of member of the state board of education, it shall be filled bydistrict convention held as provided in K.S.A. 25-3904 and amendments thereto, or asprovided in K.S.A. 25-3904a and amendments thereto, and except as otherwise providedin subsection (c). Such convention shall be called within 10 days ofreceipt of the notice that the vacancy has occurred or will occur. Ifonly one political party nominates a candidate atthe primary election and thereafter a vacancy occurs in such partycandidacy, any political party may fill such vacancy in the mannerspecified in this section.

      (b)   In addition to other vacancies in party candidacies to whichthis section applies, this section shall also apply when a vacancyoccurs in an office, and it is provided by law that such vacancy shallbe filled by appointment until the next general election at which time aperson is to be elected to fill the unexpired term, or words of likeeffect, and such vacancy occurs after the primary election.

      (c)   When a vacancy occurs after a primary election in a partycandidacy for governor or lieutenant governor, a vacancy shall therebyalso occur for the other of such two offices. Such vacancies shall befilled by a state party delegate convention. The convention shall becalled by the state party chairperson. The delegates to the conventionshall be the state party committee members, and the officers of theconvention shall be the officers of the state party committee. At suchconvention the vote to fill such vacancies shall be taken such that eachconvention vote shall be for a candidate for governor and lieutenantgovernor running together. If the initial vacancy that has occurred isfor the office of lieutenant governor, the person who is the candidatefor governor of such pair of candidates shall be the only governorcandidate at such convention.

      History:   L. 1972, ch. 131, § 5; L. 1973, ch. 153, § 24;L. 1975, ch. 216, § 7;L. 1990, ch. 130, § 8; July 1.